Arrest - Domestic Violence - Dropped Charges

[NoneYa 73]

I was arrested for domestic violence. The policeman asked me to tell my side, I shut up and said I want a lawyer. My accusser had fallen and scrapped her leg so it looked bad. The accusser, a dsyfunctional teenager of 15, goes on and says things that are not true and so the policeman hauls me to jail. This is the same teenager that was cutting her arm in the kitchen with a knife because I had her come home at dark because I found her with a naked boy in the room. She was now 16. During counceling for this child before the arrest, the councelor begged me to stay in the girls life. This is how I was paid back. (I am glad she is gone).

Arrest Result: All charges were dropped. I never even plead guilty/innocent. It never got that far. It's called no information. I guess the state attorney didn't think they had a case adn they didn't.

Now, I was thinking about writing a letter and explaining the arrest but I don't think I have to. It only says convictions and formal charges were not even filed.

I am a professional and this was a fluke that could happen to anyone with step children or even natural children in the house if they are out of control.

Should I disclose this arrest with a letter when submitting the I-129f pettition ?

I have told my fiance about it, all the details.

I am about to file this I-129f and I want to make sure I am honest and accurate on all points.

[clarence954 20]

I was arrested for domestic violence. The policeman asked me to tell my side, I shut up and said I want a lawyer. My accusser had fallen and scrapped her leg so it looked bad. The accusser, a dsyfunctional teenager of 15, goes on and says things that are not true and so the policeman hauls me to jail. This is the same teenager that was cutting her arm in the kitchen with a knife because I had her come home at dark because I found her with a naked boy in the room. She was now 16. During counceling for this child before the arrest, the councelor begged me to stay in the girls life. This is how I was paid back. (I am glad she is gone).

Arrest Result: All charges were dropped. I never even plead guilty/innocent. It never got that far. It's called no information. I guess the state attorney didn't think they had a case adn they didn't.

Now, I was thinking about writing a letter and explaining the arrest but I don't think I have to. It only says convictions and formal charges were not even filed.

I am a professional and this was a fluke that could happen to anyone with step children or even natural children in the house if they are out of control.

Should I disclose this arrest with a letter when submitting the I-129f pettition ?

I have told my fiance about it, all the details.

I am about to file this I-129f and I want to make sure I am honest and accurate on all points.

you pretty much answered your own question: It only says convictions and like you stated formal charges were not even filed.

if anything it's a 50/50 chance they will send you an rfe for it but then they will want the court disposition not your writing letter explaining it.

Edited August 14, 2011 by clarence954

[NoneYa 73]

Thanks for the information. I won't disclose as it does say list convictions and I have none. They will probably look at the disposition and not RFE me but I will get the court documents just the same so I can turn it around quickly.

I don't even think they can deny a petitition with a conviction in most cases as long as everything is settled. I think this is just to disclose the information to the recipient. I know with some convictions they can but this doesn't concern me so I won't bother with finding out.

[NoneYa 73]

Under the Adam Walsh Child Protection and Safety Act of 2006 DHS is prohibited from approving any family-based petition, including a fiancé(e) petition, for any petitioner convicted of a specified offense against a minor unless the DHS Secretary, in his sole and unreviewable discretion, determines that the petitioner poses no risk to the beneficiary.

The petition instructions ask whether the petitioner has ever been convicted of any crimes as specified on the form and, if so, directs the petitioner to provide certified conviction information. As part of the adjudication process, USCIS conducts security checks on all petitioners. If relevant criminal history—such as information on domestic violence, sexual assault, child abuse, or homicide that was not otherwise disclosed by the petitioner—is uncovered during the security check, USCIS requests the petitioner to submit certified criminal conviction information before continuing with the adjudication of the case. If the petitioner does not respond to the request to provide additional information, the case is to be denied for failure to respond.

http://www.usimmigrationlawyers.com/resources/immigration-law/us-visa/fiance-visa-imbra.htm

Sounds to me like they will see the case closed abandonded dropped and might not even RFE for it but if they do, I will be ready.

[clarence954 20]

Under the Adam Walsh Child Protection and Safety Act of 2006 DHS is prohibited from approving any family-based petition, including a fiancé(e) petition, for any petitioner convicted of a specified offense against a minor unless the DHS Secretary, in his sole and unreviewable discretion, determines that the petitioner poses no risk to the beneficiary.

The petition instructions ask whether the petitioner has ever been convicted of any crimes as specified on the form and, if so, directs the petitioner to provide certified conviction information. As part of the adjudication process, USCIS conducts security checks on all petitioners. If relevant criminal history—such as information on domestic violence, sexual assault, child abuse, or homicide that was not otherwise disclosed by the petitioner—is uncovered during the security check, USCIS requests the petitioner to submit certified criminal conviction information before continuing with the adjudication of the case. If the petitioner does not respond to the request to provide additional information, the case is to be denied for failure to respond.

http://www.usimmigrationlawyers.com/resources/immigration-law/us-visa/fiance-visa-imbra.htm

Sounds to me like they will see the case closed abandonded dropped and might not even RFE for it but if they do, I will be ready.

Dale you're worrying about nothing. just sit back relax and before you know it your noa 2 will be in your mail box.

It doesn't matter if the case was dropped when it comes to the rfe. It depends on how much of a pain the person reviewing your k1 application wants to be that's why I said it's a 50/50 chance of an rfe for the disposition. You are doing the right thing by having the disposition in hand just in case to save you time.

good luck

Edited August 14, 2011 by clarence954

[clarence954 20]

Dale you're worrying about nothing. just sit back relax and before you know it your noa 2 will be in your mail box.

It doesn't matter if the case was dropped. you were arrest for one of the charges the uscis really looks at(domestic violence), so when it comes to the rfe. It depends on how much of a pain the person reviewing your k1 application wants to be because she might want to have a physical copy of your court disposition in hand before moving forward with your application. that's why I said it's a 50/50 chance of an rfe for the disposition. You are doing the right thing by having the disposition in hand just in case to save you time.

good luck

Edited August 14, 2011 by clarence954

[Brother Hesekiel 2,236]

Nobody gets in trouble for smoking pot, soliciting prostitution, rape, or even killing somebody. The trouble begins when you are convicted or enter a plea bargain. Until then you are considered innocent. Since all the charges in your case were dropped, you have a clean slate.

[NoneYa 73]

Yes, I used to believe that anyone that was arrested was guilty until it happened to me. It was so unfortunate but lesson learned. The child was on the wrong path. I bought her a nice car, helped her get her grades from D's to A's by doing her homework with her, got her a job, I hugged her every night before bed and told her I loved her. I took her to counceling, got her out of jail when she got caught shoplifting, I was ready to send her to college before this happened. Instead I end up arrested due to her lies and then once the charges are dropped, I end up moved out of my house for 10 months to sue her mom to get out. I was scared for my safety of the little liar. I even put up security cameras around my house in case she came back.

The result is I will never help someone else's child due due to the risk. I will not marry another woman with children. I am a great guy but I will not help another step child. There will never be another one. It's a shame. This child got me arrested on lies and that didn't hurt me as much as it hurt someone else's child that I could have helped. That will never happen today, never.

[NoneYa 73]

Oh Jessh.. you dirty old men :bonk: I was wondering why I was getting hammered. I guess I wasn't clear it was a girl I was trying to put on the right track. I'm glad I wrote the last reponse. Lol. That would be so sick... it didn't even dawn on me why the uproar. I probably didn't make it clear. My fault.

[Tim/Mav 305]

Yes, I used to believe that anyone that was arrested was guilty until it happened to me. It was so unfortunate but lesson learned. The child was on the wrong path. I bought her a nice car, helped her get her grades from D's to A's by doing her homework with her, got her a job, I hugged her every night before bed and told her I loved her. I took her to counceling, got her out of jail when she got caught shoplifting, I was ready to send her to college before this happened. Instead I end up arrested due to her lies and then once the charges are dropped, I end up moved out of my house for 10 months to sue her mom to get out. I was scared for my safety of the little liar. I even put up security cameras around my house in case she came back.

The result is I will never help someone else's child due due to the risk. I will not marry another woman with children. I am a great guy but I will not help another step child. There will never be another one. It's a shame. This child got me arrested on lies and that didn't hurt me as much as it hurt someone else's child that I could have helped. That will never happen today, never.

I can understand how you fell about how you tried to make this work, but children have been taught otherwise in schools, friends, counsulars to put the screws to a parent. Whether step or biological. I would say that your bad experience would not mean others will agree to never Marry or have a relationship with a Future Spouse just because she has children. Not everyone is the same. So it is Incorrect to judge a single child and mother based upon what you encountered. Remember, you made your own bed.

You should be all/in/all glad about the outcome of this and No Convictions for the Trama you went through. Put it behind you and don't loose heart. Tim

[JudyKCski 12]

Probably this is a repeat of everything.

Be honest even if there was no court records and no formal charges pressed - if the police came to your home and took you with them you can be guaranteed there is a police record then it can be found though a search no matter if you did not sit in jail - if ever asked you might better always be truthful than not.

Judy

[William33 110]

If you have nothing useful to contribute to this concern, then please refrain from responding. Several have responded inappropriately, jumping to conclusions about the relationship; which is apparently a "Step-Father to Step-Daughter" behaviour issue.

All irrelevant responses have been removed.

[NoneYa 73]

Judy- I am of the highest integrity. After discussing this, I realize now there is no need to disclose it since the I-129f ask only for convictions. If they get the dropped/abandoned status I don't even see how they could ask for an RFE. I'm going with not mentioning it. Thanks to all that responded.

I worked for the government twice. I am well aware that you never ever mislead or omit information when dealing with the government.

[Ban Hammer 13,893]

one additional irrelevant response removed due to prior warning by a global mod, and one member post banned for failing to follow that directive.

[NoneYa 73]

I am the original postter. We were approved yesterday. I was never asked for court documents during this process. I checked NONE on the arrest and convictions part on my paper work. I explained my arrest to my fiancee which was good.

Yesterday during the interview the CO says "You know this man has been arrested ?" She replied "Yes, but I don't believe the charges. They were only accusations." Then he later said "Welcome to the US. You are approved."

It was a non issue. I am glad I was honest during this entire process and with her as I will always be. If you are arrested, you don't have to send in paper work or court documents if it was not a conviction. You do need to explain to your fiancee because they will let her know at the interview.

I sweated about this for 2 months until I felt comfortable with it. Also, when you marry someone you better take a good look at your future step child and see what kind of person they are. I wish I would have done this because I would have never married the woman and never been arrested. Oh well, that was my biggest mistake but I have recovered from this and I am happy now. Actually, very happy !!!