MISDEMEANOR, CAN IT AFFECT THE VISA PROCESSING?

[Thozelle 16]

If he is asked either by way of forms or in person it is highly recommended that he tells the truth. Have the papers available but don't volunteer anything concerning his case unless asked. If asked answer the question and be sure to have copies of the Court papers to show that his case was cleared. This should not be much of a problem for you guys.

If I am wrong let me know. For a K1 visa disclosure of DV is required. For IR1/CR1 disclosure of any criminal history on the part of the petitioner is not required.

[aaron2020 11,651]

The case never made it to trial or any kind of hearing. The charges were dismissed before he had a chance to testify. Video evidence showed he never laid a hand on her and it showed her violently hitting him.. he said he'll get a paper from the court about the dismissal to give to me when i have my interview and a photocopy about his case it was sealed.

If the case never made it to trial and the charges were dismissed. This does not mean he was found "not guilty" or "innocent." In order for him to be found not guilt, there have to be a trial and a verdict finding him not guilty.

There are many reasons that a case can be dismissed. 1. Evidence supporting the accused's side - meaning he didn't do it. 2. Lack of evidence to prosecute - prosecutors don't have enough to win in court and does not mean he is innocent. 3. Victim did not cooperate with prosecutors.

You need to let the CO know that the case was dismissed because the video evidence show he never touched her and she was the one attacking him. As long as you are aware of the DV and have court papers stating that the case was dismissed based on the video, then you don't have a DV problem that would prevent a visa being issued to you.