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Posted

Let me preface this by asking to you to please not be judgemental. i'm just seeking advice from those of you with more experience on VJ and possibly who have gone through something similar. Hopefully some of you can give me advice.

In 2005 I was arrested for domestic violence which was later reduced to assault 4 w/ deferred sentencing, and finally dismissed. I also had an obstruction of justice with deferred sentencing that was also later dismissed. and 13 years ago i got 2 different disorderly conducts, one dismissed and one a county/municipality offense that i paid a fine for. My wife knows everything and has copies of the court records. To be upfront and honest I disclosed this with the I-130 petition. I'm a different person than I was then and really regret even having to ask these questions. I have a good job with the Department of Veterans Affairs and love my wife very much. Does anyone have any experience or advice they can share with me?

My questions are:

1. Will this be a cause for denial of our CR1 visa? I know the IMBRA applies to K1 and not CR1.

2. Will they grill my wife about this at the interview or just be sure she is aware of my past?

Thank you all.

Filed: Timeline
Posted (edited)

I take it you are the US citizen petitioner and these are all US based crimes? I don't believe it should be a problem if that is the case. The list of crimes for which you are ineligible to sponsor someone are related to child molestation and other gruesome felony sex crimes. And correct me if I am wrong, but you seem to have been arrested for four things but 3 of them were dismissed and you just have a single conviction for a drunken and disorderly conduct which for which you did not jail time. They will certainly bring up the domestic violence issue to your wife and you have to discuss how you will address it. It would help if this was a very long time ago. But it is not bar automatically.

Usually it is the criminal history of the foreign national beneficiary that is the problem.

Edited by Lex Specialis
Posted

I take it you are the US citizen petitioner and these are all US based crimes? I don't believe it should be a problem if that is the case. The list of crimes for which you are ineligible to sponsor someone are related to child molestation and other gruesome felony sex crimes. And correct me if I am wrong, but you seem to have been arrested for four things but 3 of them were dismissed and you just have a single conviction for a drunken and disorderly conduct which for which you did not jail time. They will certainly bring up the domestic violence issue to your wife and you have to discuss how you will address it. It would help if this was a very long time ago. But it is not bar automatically.

Usually it is the criminal history of the foreign national beneficiary that is the problem.

Yes, sorry for not being specific. I am the USC and all US based crimes. Yes the cases were dismissed after deferred sentencing. I never did any jail time. I work for the Federal government and they did show up on the FBI background check that they did for my current job. Thank you for the response.

I'm just hoping for some advice or shared experience from other VJ members.

Filed: Other Country: Pitcairn Islands
Timeline
Posted

Let me preface this by asking to you to please not be judgemental. i'm just seeking advice from those of you with more experience on VJ and possibly who have gone through something similar. Hopefully some of you can give me advice.

In 2005 I was arrested for domestic violence which was later reduced to assault 4 w/ deferred sentencing, and finally dismissed. I also had an obstruction of justice with deferred sentencing that was also later dismissed. and 13 years ago i got 2 different disorderly conducts, one dismissed and one a county/municipality offense that i paid a fine for. My wife knows everything and has copies of the court records. To be upfront and honest I disclosed this with the I-130 petition. I'm a different person than I was then and really regret even having to ask these questions. I have a good job with the Department of Veterans Affairs and love my wife very much. Does anyone have any experience or advice they can share with me?

My questions are:

1. Will this be a cause for denial of our CR1 visa? I know the IMBRA applies to K1 and not CR1.

2. Will they grill my wife about this at the interview or just be sure she is aware of my past?

Thank you all.

1. No, not a cause for denial.

2. Yes, they may ask your wife about your past to make sure she knows about it,

Really if they do a background check on you it will show up, but with the time (years ago), and little or no jail time, it will not be of concern.

Be honest they have no reason to denie it based on what you said.

 
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