Where do I stand with this past?

[firehawk1010 9]

I was unfortunately taken to court as my ex had made a serious false allegation against me. the allegation itself was very petty but above all it NEVER happened.

I was found not guilty (100%) for both charges that were laid on me. no doubt, it destroyed my life.

so now I am planning to get married to my current partner who lives in the US.

I know pretty much the process of getting a fiance visa and residency but I was alerted by a lawyer that my case isnt straight forward given the court case I had 2 years ago.

does anyone know roughly what this means and where I stand? even though the court, jury and judge said I was not guilty for both accounts, and that I have statements from the accuser which contridicated a few things (including more false allegations, and a report somewhere I have saying that the one of the many false allegation made were just that - lies).

im confused and no doubt worried :-/

Edited July 10, 2012 by firehawk1010

[Boiler 45,525]

That would depend, What were the charges?

[JohnR! 5,495]

If you were found not guilty then you have nothing to fear. If that should show up in your police record it will also show the accusation and the outcome or the ruling by the court.

Get the court transcripts and the ruling in its entirety and have it with you just in case.

Good luck!

[Bryan and Isabel 29]

this might complicate it just a little bit, you will deff need the final verdict and court papers witht the judges desicion, i had something similar, but it was later not even a big problem because charges were dropped. I also recommend if this is on your police record.

[firehawk1010 9]

thanks. I certainly have these documents and hate having them (emotional/mental stress). the charges were sexual assault (on the minor end of the scale) and they toyed with the other charge which was common assault. the reason they toyed with it was because they couldnt decide if the sexual one would hold in court.

my character referees were great. im never this type of person and never will be. my character holds strong and im grateful for this in addition for my folks who have done a great job in raising me.

it doesnt help that the UK has the highest false allegations made by women against men as majority of men are charged with this type of crime!

i think my referees were the ones that really helped because after all, they would be the one to judge and know you better than yourself sometimes.

i am just not sure what the US embassy would do/say and that if they would decline me residency/visa because of this false allegation that was made against me.

both charges clearly state my verdict and the actual outcome. both results "not guilty" and the vulnaribility indicator set to "the victim is not vulnrable" - in other words she was lying

Edited July 10, 2012 by firehawk1010

[Boiler 45,525]

Follow your Lawyer's advise.

[firehawk1010 9]

well of course but im not engaged with the lawyer just yet but he was just warning about this that given the circumstances it is not straight forward as it would be. but im asking what to expect and what I can do to have it in my favour

[Boiler 45,525]

well of course but im not engaged with the lawyer just yet but he was just warning about this that given the circumstances it is not straight forward as it would be. but im asking what to expect and what I can do to have it in my favour

It is not going to be in your favour.

As others have said you will need the full court dispositions.

[firehawk1010 9]

you say not going to be in my favour? what do you mean? and why do you say?

[Boiler 45,525]

Why do you think a sex assault charge would be a plus?

[firehawk1010 9]

i dont. but im not the one that makes false allegations and put against my will. i dont decide that, nor did it happen. as I said before, alot of false allegations are made in the UK by women against innocent men. its a growing "trend". further more I was found completely not guilty on both accounts.

I also said that it was proven she was lying in addition to other allegations made which were also confirmed as well as contridictions in her other allegations

Edited July 10, 2012 by firehawk1010

[JoannaV 174]

You will need to provide all the relevant documents. The Embassy will want to see for themselves all the information, so they can evaluate your character. If they decide it looks like you were found not guilty because you weren't guilty (rather than not guilty because they couldn't quite prove it) you should be fine.

[firehawk1010 9]

Thank you JoannaV. indeed there is a difference between aquittal and not guilty.

Edited July 10, 2012 by firehawk1010

[JimVaPhuong 4,863]

The reason it can be tricky is because US immigration law considers you inadmissible if you are either convicted or if you admit "committing acts which constitute the essential elements" of the crime. Being acquitted doesn't necessarily mean you didn't do it. Some people are acquitted for technical reasons. The consulate will want to see the court transcripts to determine if you made any admissions that would make you inadmissible to the US.

Here's an example: A cop searches your property and finds a half gram of cocaine. You admit to the cop that the cocaine is yours. You hire a lawyer and go to court. The lawyer points out that the cop's search was unlawful, so the judge acquits you. Legally, you were found not guilty. As far as US immigration law is concerned, you admitted to the crime and are therefore inadmissible.

[firehawk1010 9]

thanks for that clarity - I appreciate it.

well guarenteed there was no admitting of anything because I didnt do what was accused. Nor is that my nature. Nor was I aquitted