Criminal History Question

[ryankh 0]

Ok, I have a question for all you Visa Jedi's. It's embarrassing that I have to ask this question, but I need to know the answer. In October of 2009, I was arrested for assault in the 4th degree (misdemeanor). Although, it was self-defense, I was still arrested. The prosecutor looked at the case, realized there was no evidence or reason to pursue this case (have never been arrested before in my life), and offered a "stipulated order of continuance". Basically, this continues the case for 1 year, if I don't get into any trouble with the law during that 1 year period, the case is dismissed. I could have fought the case, and gotten it dismissed right then and there. But there is always the chance of conviction, and I thought it was a no-brainer (in 1 year it would be dismissed anyway). I had no idea that I would be applying for a Visa at the time.

My question: Is this in any way going to hinder or prevent me from my fiancee getting a K1 visa to the US? Since it's a misdemeanor anyway, I hope the answer is no. But I'm concerned because the case is technically not dismissed yet. If I can't bring my fiancée to the US, I don't know what I will do... I'm hoping this will not be an issue. Any guidance is appreciated.

Thanks.

[Deputy Purple 1,294]

Shouldn't be a problem but you do need to disclose it to USCIS and your Fiancée. You should also includ copies og the court documents of your case with the I-129f.

[ryankh 0]

Shouldn't be a problem but you do need to disclose it to USCIS and your Fiancée. You should also includ copies og the court documents of your case with the I-129f.

When I filled out the I129F, I believed it only asked if I had ever been convicted of a felony. So, I didn't include it. I am really not trying to hide anything. I just didn't think it was relevant at the time. But now I'm worried since I'm almost at 4 months, and not a whisper from the USCIS. Can I send in supporting documents now? Or do I need to wait for an RFE?

[daboyz 36]

When I filled out the I129F, I believed it only asked if I had ever been convicted of a felony. So, I didn't include it. I am really not trying to hide anything. I just didn't think it was relevant at the time. But now I'm worried since I'm almost at 4 months, and not a whisper from the USCIS. Can I send in supporting documents now? Or do I need to wait for an RFE?

Absolutely no reason to disclose it to USCIS. The form only asks about convictions first of all. Second of all it doesn't list assault as one of the crimes. It sounds like this was probably simple assault since it was a misdemeanor. I wouldn't worry about it.

On top of that, Part C Question 2 is for IMBRA. This is so that they will inform your spouse at the time of the interview of the convictions. That's what that question is about. It's not a basis for denial.

[Deputy Purple 1,294]

It actually asks quite a bit more. You might want to read page 3 of the instructions to see if the Assault charge is considered as Domestic violence.

Even if it isn't, if USCIS finds it in the background check they might be delayed while making that determination.

[thongd4me 69]

It actually asks quite a bit more. You might want to read page 3 of the instructions to see if the Assault charge is considered as Domestic violence.

Even if it isn't, if USCIS finds it in the background check they might be delayed while making that determination.

Still in the case of the OP there was no conviction, so I would agree with Daboyz.