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Filed: K-1 Visa Country: United Kingdom
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I am a little concerned, and would like some guidance on the related matter below, or of any experiences of VJ's that have faced the same questions or dilema's.

This relates to my police record that i have obtained on it i have an assault and fine from 2007.

I was in an abusive relationship, yes it happens to guys too, i had taken a few years of mental and physical abuse from my then partner, we had seperated for a while, i had moved to a new house, when after a few months she got back in touch, we got talking and i moved back in with her giving up my home. a few weeks later it was back to business as usual, we had came home from a night out, she didn't like the way i had been speaking to her and others in the party and before i got my coat off had had two punches to the face, i got angry of course and pushed her out the front door and locked it asking her to calm down, within 15 mins police arrived and took me to the station, where i gave my statement and admitted pushing her out the door and the reason why, they then charged me with assault, i was later told that if i had not admitted pushing her then it would have been dropped. hindside is a wonderful thing.

the result is i got a fine and this assault charge on my record, my first offence at the age of 40 years old.

My worry is that this is going to cause problems at interview stage, i have spoken to a lawyer and read the deffinition of assault and can mean anything from spitting in somes direction to making threatening advances towards someone with out actually making contact or hurting them.

Please can anyone give me advice on what i may need before my interview at my countries embassy, my fiancee has known about this since we met and i have character references from many people as well.

My fiancee has also written a letter as she thinks they may feel they are trying to protect her although we have met a few times and we have each met with one anothers familes.

Has anyone had anything like this on thier report and passed the interview stage and if so did they need to bring with them to verify?

Many thanks in advance for reading this a concerned VJ.

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What did you answer on your I-129F Part C. question 2 and 3?

Did you include all the information regarding this?

You still have to wait for USCIS to approve your petition prior to getting it to the embassy.

You may want to get affidavits from people that know you, about your character and such. Send that to your Fiancee and keep copies if USCIS wants more information about this.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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Filed: K-1 Visa Country: United Kingdom
Timeline
What did you answer on your I-129F Part C. question 2 and 3?

Did you include all the information regarding this?

You still have to wait for USCIS to approve your petition prior to getting it to the embassy.

You may want to get affidavits from people that know you, about your character and such. Send that to your Fiancee and keep copies if USCIS wants more information about this.

hey thanks for the reply.

ye that was filled in on the forms we have had no request for any further information.

i have letters written from people that know me and my ex wife. i guess we just have to wait and see how it goes.

i just wanted to see if anyone has something similar on theirs and if they got past interview and attained the visa status.

thanks again.

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Filed: Country: Nigeria
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Does the USCIS require the beneficiary to bring a copy of his Police certificate with them during the interview? Are they required to go and have fingerprints taken? Can the police certificate be applied for online? Thanks

Does the USCIS require the beneficiary to bring a copy of his Police certificate with them during the interview? Are they required to go and have fingerprints taken? Can the police certificate be aplied for online? Thanks

What did you answer on your I-129F Part C. question 2 and 3?

Did you include all the information regarding this?

You still have to wait for USCIS to approve your petition prior to getting it to the embassy.

You may want to get affidavits from people that know you, about your character and such. Send that to your Fiancee and keep copies if USCIS wants more information about this.

hey thanks for the reply.

ye that was filled in on the forms we have had no request for any further information.

i have letters written from people that know me and my ex wife. i guess we just have to wait and see how it goes.

i just wanted to see if anyone has something similar on theirs and if they got past interview and attained the visa status.

thanks again.

Does the USCIS require the beneficiary to bring a copy of his Police certificate with them during the interview? Are they required to go and have fingerprints taken? Can the police certificate be aplied for online? Thanks

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I don't think anyone can give you a yes or no answer on this, some people here have had to file a waiver because of past convictions and some have not even with a record of convictions. Each case is so individual. I know this must be a huge worry for you but as you know it is a waiting game, just be prepared for the worst (being required to filing a waiver) so you can deal with it if it happens. You should get a court transcript of your case also if you haven't done so already.

http://www.visajourney.com/forums/index.ph...mp;page=records

http://en.wikipedia.org/wiki/Moral_turpitude

Good luck! :thumbs:

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According to the Foreign Affairs Manual, assault charges involving moral turpitude are broken down into the following categories:

(a) Assault with intent to kill;

(b) Assault with intent to commit rape;

(c ) Assault with intent to commit robbery;

(d) Assault with intent to commit serious bodily harm; and

(e) Assault with a dangerous or deadly weapon (some weapons may be found to be lethal as a matter of law, while others may or may not be found factually to be such, depending upon all the circumstances in the case. Such circumstances may include, but are not limited to, the size of the weapon, the manner of its use, and the nature and extent of injuries inflicted.)

From what you say, it doesn't sound as though your charge fits into any of the above categories, though of course, only a consular officer can decide whether or not you're ineligible.

I would bring everything you can find relating to your case (court records, witness statements, etc) and bring it with you. Normally evidence doesn't matter as it's the nature of the charge itself and not the underlying acts which determines ineligibility, but because "assault" is a pretty broad term, you'll need to provide evidence to enable the consular officer to determine the nature of your assault charge.

Gather up everything you can lay your hands on, hope for the best, and good luck!

Edited by Marty J

10 Nov 08 - I-129F Sent

13 Nov 08 - I-129F NOA1

06 Feb 09 - I-129F NOA2

09 Feb 09 - NVC Received

11 Feb 09 - NVC Left

20 Feb 09 - Packet 3 Rec'd

20 Feb 09 - Packet 3 Sent

24 Mar 09 - Medical

30 Mar 09 - Packet 4 Rec'd

24 Apr 09 - Interview Date

03 Jun 09 - US entry

20 Jul 09 - AOS filed

12 Aug 09 - Biometrics

05 Oct 09 - Green Card rec'd

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What exactly is showing on your police report? The EXACT wording?

You might want to post on immigrate2us.net EXACTLY as your police certificate states. There are plenty of people over there who can tell you if a waiver will be necessary.

With due respect RJ..there is no one who tell him whether a waiver is going to be required apart from the CO. I doubt if they are going to require to file a waiver as it is a 'simple assault' but they need to be a boyscout about it and Be Prepared :P

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Filed: Other Timeline
What exactly is showing on your police report? The EXACT wording?

You might want to post on immigrate2us.net EXACTLY as your police certificate states. There are plenty of people over there who can tell you if a waiver will be necessary.

With due respect RJ..there is no one who tell him whether a waiver is going to be required apart from the CO. I doubt if they are going to require to file a waiver as it is a 'simple assault' but they need to be a boyscout about it and Be Prepared :P

"Being Prepared" is what I'm talking about.

It doesn't sound like he needs a waiver to me either. But I'm not waiver expert. The thread was moved to the UK forum rather than the Waiver Forum, where it might have gotten a better answer. I'm not going to overrule another organizer. So, all I can think of to tell the OP is go to immigrate2us.net for a definitive answer.

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I agree with that :thumbs: I'm not sure why it was moved either

Edited by Welshcookie
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I had moved it from K1, where it definitely didn't belong, to the UK sub-forum because the OP was asking for experiences of those who had gone through a similar process -- as we know, every consulate has its own little quirks about what is acceptable and what is not. It was borderline for me whether to put it in Waivers, Embassy and Consulate or in the UK sub-forum, especially as it seems that the OP probably won't need a waiver.

If consensus is that this might get further replies in the Waivers forum, I'm moving it there right now.

larissa-lima-says-who-is-against-the-que

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  • 3 weeks later...
 
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