I HAVE A DOMESTIC CONVICTION

[bloodofheroes 0]

I live in IL, however back in DEC 2002 I was in MN and was part of a fight with my sister. Unfortunately she turned to call the cops.

As a result I was charged and convicted for Domestic Assault (when none ever took place). My charge was reduced to a misdemeanor and was let go with a fine. The record was then sealed after one year.

This was the FIRST and ONLY time that I was arrested in my entire life.

Now IMBRA wants me to reveal this on the I 129-F. I feel that since the record was sealed I should not have to reveal this and there is no reason for my future wife to know about this one time incident.

Does anyonw know what I can do (other than get a lawyer?)

Thanks

[desert_fox 32]

I live in IL, however back in DEC 2002 I was in MN and was part of a fight with my sister. Unfortunately she turned to call the cops.

As a result I was charged and convicted for Domestic Assault (when none ever took place). My charge was reduced to a misdemeanor and was let go with a fine. The record was then sealed after one year.

This was the FIRST and ONLY time that I was arrested in my entire life.

Now IMBRA wants me to reveal this on the I 129-F. I feel that since the record was sealed I should not have to reveal this and there is no reason for my future wife to know about this one time incident.

Does anyonw know what I can do (other than get a lawyer?)

Thanks

It didnt take place but you were convicted??? makes no sense.

I think that IMBRA requires all disclosures. They dont care even if you were pardoned by the governor, it still has to be disclosed.

[john_and_marlene 162]

You do have to reveal it on the application. They will very likely ask the beneficiary at the interview if they are aware of it.

[Yodrak 7]

bloodofheroes,

Not sure what you mean by "get" a lawyer, but you might be wise to consult with one.

Yodrak

I live in IL, however back in DEC 2002 I was in MN and was part of a fight with my sister. Unfortunately she turned to call the cops.

As a result I was charged and convicted for Domestic Assault (when none ever took place). My charge was reduced to a misdemeanor and was let go with a fine. The record was then sealed after one year.

This was the FIRST and ONLY time that I was arrested in my entire life.

Now IMBRA wants me to reveal this on the I 129-F. I feel that since the record was sealed I should not have to reveal this and there is no reason for my future wife to know about this one time incident.

Does anyonw know what I can do (other than get a lawyer?)

Thanks

[broma25 2]

I would just give them what they want, and also tell your fiance although she has no right to know about your past I think something so significant should be revealed. Better that she hears from you than somebody else.

[Blueman2013 0]

I would just give them what they want, and also tell your fiance although she has no right to know about your past I think something so significant should be revealed. Better that she hears from you than somebody else.

I am not sure but i heard of a similiar story.. if your file is sealed, i would shy away from this. what if they use it against you?

[john_and_marlene 162]

I would just give them what they want, and also tell your fiance although she has no right to know about your past I think something so significant should be revealed. Better that she hears from you than somebody else.

I am not sure but i heard of a similiar story.. if your file is sealed, i would shy away from this. what if they use it against you?

How do you shy away from it short of falsifying the application?

[dmartmar 1]

I feel that since the record is sealed, I should not have to reveal this and there is no reason for my future wife to know about this one time incident.

If a DV incident does not merit your wife's knowledge, what else do/would you hide from her?

You're better off telling her now, b/c if she ever decides to file a DV case against you and this "never took place" incident shows up...

[Caladan 19]

Consult with a lawyer, but my sense of it is that it has to be declared even if the record is sealed. Section 9A of the I-129F instructions says you must declare it "..even if your records were sealed..." I'm reading that literally.

To conceal it, you'd have to lie on the I-129F. Not advisable.

As far as I understand, it's not grounds to deny the visa, but they will inform your fiancée at the interview of your previous conviction.

It would seem prudent to tell her now. Which sounds better?

"Miss [X]. your fiancé has a domestic violence conviction from 2002 which I am required to inform you under section 833(a)(5)(A)(iii) of IMBRA 2005. Here are papers on VAWA and information on where to seek assistance should it become necessary."

"Oh, that. We talked about that. He had a fight with his sister that escalated, but he was let go with a fine and he told me about it."

"Gee, I had no idea..."

[simple_male 1]

I live in IL, however back in DEC 2002 I was in MN and was part of a fight with my sister. Unfortunately she turned to call the cops.

As a result I was charged and convicted for Domestic Assault (when none ever took place). My charge was reduced to a misdemeanor and was let go with a fine. The record was then sealed after one year.

This was the FIRST and ONLY time that I was arrested in my entire life.

Now IMBRA wants me to reveal this on the I 129-F. I feel that since the record was sealed I should not have to reveal this and there is no reason for my future wife to know about this one time incident.

Does anyonw know what I can do (other than get a lawyer?)

Thanks

You are better off consulting your lawyer. I heard from others who are knowledgeable about laws that sometimes for the first time offense, they fine people, put them on probation. If they completed the probation successfully, they there is no conviction on their records. I have a friend who is a probation officer. He told me that it is common for a woman to call police to give the guy a lesson, even though nothing happened beforehand and most of the time cops take woman's side when it comes to "he says, she says" thing.

I think, you should consult your attorney and show him the I-129F form so that your attorney knows what you are dealing with. I-129F does not ask one to reveal any arrests but only convictions. So your attorney can help you answer this question.

[rebeccajo 14]

What's the concern with disclosing it? Why not disclose it?

In and of itself it is not going to cause a petition denial.

[bloodofheroes 0]

Consult with a lawyer, but my sense of it is that it has to be declared even if the record is sealed. Section 9A of the I-129F instructions says you must declare it "..even if your records were sealed..." I'm reading that literally.

To conceal it, you'd have to lie on the I-129F. Not advisable.

As far as I understand, it's not .......................

Thanks for putting all of that in perspective. I was really hoping that my fiance' doesnt get to know about this. It was a shameful incident and even the courts have sealed my records. So, I was hoping I dont have to reveal a dark part of my past to her especially since its not on my record anymore. I am afraid of her judging me in a negative way. I know she will understand and not say anything, however deep in her heart I know she will be hurt. I guess I will have to be a man and bit the bullet. I will tell her the truth sooner than later and just hope it all turns out ok

Edited November 17, 2006 by bloodofheroes

[Yodrak 7]

bloodofheroes,

You may not be one of them, but there is a sufficient number of men of 'dubious character' who operated with the same thought to the detriment of the health and safety of a large number of foreign women. Revealing the dark past of people who have one is the speficic purpose of the IMBRA.

Yodrak

..... I was hoping I dont have to reveal a dark part of my past to her .....

[payxibka 10,045]

If you read Part C. Question 2 of Form I-129F, it states "This is required even if your records were sealed or otherwise cleared or if anyone, including a judge, law enforcement officer, or attorney, told you that you no longer have a record." So if you meet one of the three classifications of crimes and been convicted, the answer seems clear....

[1HappyGuy 45]

Bloodofheroes,

If I understand this correctly, it was your sister that called the police. Unless you have no possible relations with your sister it is likely to come up at some future family gathering. So, you are right about biting the bullet now. If you are honest with her and she truly loves you, she will understand. Tell her about it and see what happens. I think you are going to be pleasantly surprised.

I think consulting an attorney would be a good idea, but maybe you should wait to see what happens first.