Arrest / Criminal record

[MikeA 0]

In 1999 I was married to a woman that got a Domestic Violence Injunction on me even though no violence ever occurred. In Florida at that time proof was not needed, you just needed to say you feared. Its not right, but true! A few months later she requested thru close friends money to pay bills with, so they suggested sending flowers and money. I did and what a huge mistake it was, she had me for violating a restraining order. I was not arrested, but it was considered a misdemeanor. Adjudication was withheld. I was given probation but released early. She subsequently had the court remove the Restraining Order.

My question is this, on the I-129F Part C #2 it asks if you have been convicted of Domestic Violence. I only violated the restraining order but never convicted of Domestic Violence, So how do I answer that question.? I want to be truthful and accurate.

[JimVaPhuong 4,863]

In 1999 I was married to a woman that got a Domestic Violence Injunction on me even though no violence ever occurred. In Florida at that time proof was not needed, you just needed to say you feared. Its not right, but true! A few months later she requested thru close friends money to pay bills with, so they suggested sending flowers and money. I did and what a huge mistake it was, she had me for violating a restraining order. I was not arrested, but it was considered a misdemeanor. Adjudication was withheld. I was given probation but released early. She subsequently had the court remove the Restraining Order.

My question is this, on the I-129F Part C #2 it asks if you have been convicted of Domestic Violence. I only violated the restraining order but never convicted of Domestic Violence, So how do I answer that question.? I want to be truthful and accurate.

Wow. That's a tough one. You got a restraining order against you for an accusation of domestic violence. You were never actually convicted of domestic violence, but you WERE convicted of violating the restraining order.

I'd ask a competent lawyer about this one. If you have any doubts, declare it and provide the necessary court documents. The intent of the IMBRA is to disclose to your foreign fiancee any convictions you've had that fall under the act. You won't be denied for disclosing it, but you might be denied if you don't and USCIS discovers it and determines it should have been disclosed.

[MikeA 0]

In 1999 I was married to a woman that got a Domestic Violence Injunction on me even though no violence ever occurred. In Florida at that time proof was not needed, you just needed to say you feared. Its not right, but true! A few months later she requested thru close friends money to pay bills with, so they suggested sending flowers and money. I did and what a huge mistake it was, she had me for violating a restraining order. I was not arrested, but it was considered a misdemeanor. Adjudication was withheld. I was given probation but released early. She subsequently had the court remove the Restraining Order.

My question is this, on the I-129F Part C #2 it asks if you have been convicted of Domestic Violence. I only violated the restraining order but never convicted of Domestic Violence, So how do I answer that question.? I want to be truthful and accurate.

Wow. That's a tough one. You got a restraining order against you for an accusation of domestic violence. You were never actually convicted of domestic violence, but you WERE convicted of violating the restraining order.

I'd ask a competent lawyer about this one. If you have any doubts, declare it and provide the necessary court documents. The intent of the IMBRA is to disclose to your foreign fiancee any convictions you've had that fall under the act. You won't be denied for disclosing it, but you might be denied if you don't and USCIS discovers it and determines it should have been disclosed.

Thanks for your reply, I have all the records and will submit with I-129F. I just do not know whether to answer yes I was convicted or no I was not.?

[JimVaPhuong 4,863]

In 1999 I was married to a woman that got a Domestic Violence Injunction on me even though no violence ever occurred. In Florida at that time proof was not needed, you just needed to say you feared. Its not right, but true! A few months later she requested thru close friends money to pay bills with, so they suggested sending flowers and money. I did and what a huge mistake it was, she had me for violating a restraining order. I was not arrested, but it was considered a misdemeanor. Adjudication was withheld. I was given probation but released early. She subsequently had the court remove the Restraining Order.

My question is this, on the I-129F Part C #2 it asks if you have been convicted of Domestic Violence. I only violated the restraining order but never convicted of Domestic Violence, So how do I answer that question.? I want to be truthful and accurate.

Wow. That's a tough one. You got a restraining order against you for an accusation of domestic violence. You were never actually convicted of domestic violence, but you WERE convicted of violating the restraining order.

I'd ask a competent lawyer about this one. If you have any doubts, declare it and provide the necessary court documents. The intent of the IMBRA is to disclose to your foreign fiancee any convictions you've had that fall under the act. You won't be denied for disclosing it, but you might be denied if you don't and USCIS discovers it and determines it should have been disclosed.

Thanks for your reply, I have all the records and will submit with I-129F. I just do not know whether to answer yes I was convicted or no I was not.?

If you answer "no" then there would no point in providing any records, since you'd be giving documents for something that you say didn't happen.

[mari joe 1]

do you have a copy of the police report? what does it say? if not you should try to get that. it may help to prove that nothing violent occured

good luck

Edited June 3, 2009 by mari joe

[MikeA 0]

do you have a copy of the police report? what does it say? if not you should try to get that. it may help to prove that nothing violent occured

good luck

Thanks for the advice, however, there is no police report as the police were never called, she just went down to the courthouse and filed for a Domestic Violence Injunction. Its just that simple to do.

[pushbrk 12,884]

do you have a copy of the police report? what does it say? if not you should try to get that. it may help to prove that nothing violent occured

good luck

Thanks for the advice, however, there is no police report as the police were never called, she just went down to the courthouse and filed for a Domestic Violence Injunction. Its just that simple to do.

Always read carefully, interpret literally and answer accurately. I think if you follow that advice, you'll find yourself simply answering "no" to the applicable question.