I 129F Misdemeanor Questions-Help

[Lance716 0]

Hi Everyone, I have just finished compiling all of my paperwork for the I-129F petition for my Russian Fiance. I had a domestic violence incident with my ex-wife 5 years ago and and was charged with aggravated harrassment and Criminal contempt in the 1st degree for violating an order of protection. I plead guilty to a misdeamor of criminal contempt in the second degree. I have aquired the certificate of disposition as well as the police arrest information. I have a few questions,

Is there anything else I need to include in my filing? Letter of explanation??

I understand that this is disclosure information but should I expect any delays in approval?

I have had 2 other orders of protection in the last 5 years when my ex was trying to keep my kids from me but they were both dismissed for "no grounds". I just need to know if I need to submit them as well even though the court found them not credible?

I am just trying to avoid any delays in processing so your help is greatly appreciated!! Thank you, Lance716

[pushbrk 13,111]

Hi Everyone, I have just finished compiling all of my paperwork for the I-129F petition for my Russian Fiance. I had a domestic violence incident with my ex-wife 5 years ago and and was charged with aggravated harrassment and Criminal contempt in the 1st degree for violating an order of protection. I plead guilty to a misdeamor of criminal contempt in the second degree. I have aquired the certificate of disposition as well as the police arrest information. I have a few questions,

Is there anything else I need to include in my filing? Letter of explanation??

I understand that this is disclosure information but should I expect any delays in approval?

I have had 2 other orders of protection in the last 5 years when my ex was trying to keep my kids from me but they were both dismissed for "no grounds". I just need to know if I need to submit them as well even though the court found them not credible?

I am just trying to avoid any delays in processing so your help is greatly appreciated!! Thank you, Lance716

Just submit the court records in conjuction with the conviction. Whether there will be any delays in processing is impossible to know but the IMBRA law requiring the answers and records is about informing your fiancee, not about impacting case processing or approval.

[JimVaPhuong 4,863]

Hi Everyone, I have just finished compiling all of my paperwork for the I-129F petition for my Russian Fiance. I had a domestic violence incident with my ex-wife 5 years ago and and was charged with aggravated harrassment and Criminal contempt in the 1st degree for violating an order of protection. I plead guilty to a misdeamor of criminal contempt in the second degree. I have aquired the certificate of disposition as well as the police arrest information. I have a few questions,

Is there anything else I need to include in my filing? Letter of explanation??

I understand that this is disclosure information but should I expect any delays in approval?

I have had 2 other orders of protection in the last 5 years when my ex was trying to keep my kids from me but they were both dismissed for "no grounds". I just need to know if I need to submit them as well even though the court found them not credible?

I am just trying to avoid any delays in processing so your help is greatly appreciated!! Thank you, Lance716

Letters of explanation are usually only recommended if you're also filing for a waiver for the multiple filing limitations, in which case the letter needs to show extraordinary circumstances in your criminal case, such as self defense. If this is your first K1, then you don't need the letter of explanation, and it's unlikely they'll even look at it. They're not going to "re-adjudicate" your conviction, nor give your explanation more credence than the police and court records. They honestly don't care. The only time your history of domestic abuse becomes a factor in whether your petition is denied is when you've filed two or more previous K1 petitions, or you've filed another K1 petition within the past two years. If you don't need the multiple filings waiver, then they just pass the domestic abuse information to your fiance.

If the orders of protection are related to the domestic abuse case, then they will be revealed to your fiance, and the evidence for them should be submitted. It doesn't matter if they were dismissed (although this evidence should also be submitted). If they were not related to the domestic abuse case (or other violent crime covered by the IMBRA) then they don't need to submitted. An order of protection is not, in itself, a conviction covered by the IMBRA. An order of protection only becomes relevant if it was issued in conjunction with a violent crime covered by the IMBRA.

This shouldn't cause any delays because it's not grounds for a refusal. The only delay it may cause is if they decide to scrutinize your case to see if you've revealed everything.