Just sent out my i-129 package! - Just some questions while I wait for a response.

[mariachrin 4]

Hey guys!

I know I have to check off the box that I've had a domestic violence charge in the past..But do I need to attach the case file? It was years ago and it was in self defense against my mother (dysfunctional family problems).

I called the court and they said there were several options for documents that the USCIS office may need.. does anyone know exactly what I need to attach to my packet? Please let me know. Thanks !

[WandY 430]

The disposition of the charge is very important. Were you convicted? If so, what was sentence and ultimate disposition of that sentence? Depending on many factors, maybe the record was expunged and/or sealed? How long ago was the charge? Adult court, juvenile court?

A family/domestic violence conviction is often fatal to the K-1 visa. You will probably need to explain the issue - immediately. However, if the record(s) are sealed and/or expunged (as in juvenile courts), then I would consult an attorney. Hiding something is never a good idea, but divulging something that is legally invisible is not always necessary. Again, consult an attorney on this one.

Good luck!

[tomyka81 95]

No expunction is legally invisible in an FBI search. Expunction is only cleared with local and state records. It is still visible to the FBI but will be annotated as expunged by astericks around the charge. Check whether a waiver is required for your charge if you were convicted. An arrest and charge is not the same as a conviction. You will know whether you were convicted or not.

Edited February 22, 2016 by tomyka81

[mariachrin 4]

Well it never shows up when employers run background checks, but when I've crossed the border in Canada it's shown up several times.

The lawyer my mom used said he doesn't think it's a big deal. I'm hoping it won't matter too much. I'll be going to the criminal records bureau tomorrow. Do I just attach a letter stating what I felt happened? Along with what they give me at the bureau? Or does it have to be a particular record. I forgot what my lawyer said it should be.

I know I had to plead guilty and pay a fine and then my mom's lawyer just said "Don't mention it to employers it's not a big deal." But I didn't mention it when crossing the border once in Canada and got stopped and interrogated. So now I always mention it there.

[tomyka81 95]

Employers, except the feds, do not run the same background check as this one. The federal will always show your arrests even that do not lead to convictions. I think that the I129F has instructions on the imbra section that talks to convictions. A guilty plea is a conviction regardless of lack of sentencing. Contrary to the above post, a domv conviction doesn't kill a K1. You and your momma fighting is no big deal especially if it was as a kid or early adult. Follow the directions carefully on the imbra section if your conviction applies. They are just trying to see whether it is safe for a vulnerable immigrant to be in your sole care. If you have the charge, the disposition, and if you and your mom have made amends or you are still residing with her without further incident, then you should focus on showing the basics. Arrest, charge, disposition, rehabilitation if applicable

[mariachrin 4]

Thank you, Tomy. For your response.

So yeah I read the instructions. So basically I gotta show that I was charged and whatever the result was.

In my state I was charged as an adult at seventeen. Then she dropped the charges but the state still stepped in. So at the end it was me vs the state. All I remember was they told me I had to plead guilty to get the darn thing over with. And I paid a fine. I don't have any other criminal record. That was the only thing I had.

So when I send over my form.. I'll attach my record.. But do I attach anything else ? Should I attach a letter stating my side of the whole story? Such as mentioning what was going on and me acting in self defense ? Or is that pointless? If they did a background check on her they'd see a load of arrests for crimes. But I don't know how far into it they go.

The judge even thought the whole thing was a joke and didn't even give me a bail amount if I remember correctly.

[mariachrin 4]

Argh, after like a month or two I finally got my package together. It took forever because of my full time job and the fact that I'm a student!

I guess now I just wait for the first letter and then the next one right? I'm kind of worried I'll get denied over something silly. Like forgetting to add some sort of paperwork. I did have a domestic violence charge but it was brought down to a civil infraction and on the disposition it said I pled not guilty. So I should be fine, right? I even added a letter stating how I was acting in self defense against my mother. How long do we usually wait after this and what's the second major step? Thanks in advance !

[TBoneTX 45,329]

Wait until something happens. In the meantime, become a thorough student of the entire rest of the immigration process.

*** Thread is moved from the K-1 Process forum to the K-1 Case Progress subforum. ***

[Georgia16 2,858]

If they need any papers or something they will send you and RFE (Request for evidence)

Read the Guide to K-1 here so you know what will happen and what is needed.

http://www.visajourney.com/content/k1guide

Join the March filers so you also can get info from them and see other there are at the same stage in the process as you:

http://www.visajourney.com/forums/topic/587653-i-129f-march-2016-filers/

And fill in your timeline so people can see where you are from and all that, it makes it easier to help you.

there are also country specific forums.

And Welcome

Edited March 4, 2016 by Georgia16

[mariachrin 4]

Hi guys. I'm wondering if anyone could help me out with this. Long story short, when I was seventeen my abusive mother and I had an altercation and I went to jail. When I was filling out the packet, I stated I was "convicted" of a domestic violence charge. I saw a lawyer today (who wasn't an immigration lawyer, he was a friend and helping me out) and he stated I was never convicted but only charged. I did add the paperwork from the city court that stated I plead "not guilty" and I also attached an explanation of my side of the story of the events. I'm more than likely going to get an RFE, or something.. I'm assuming.. but what I'm more worried about is that my entire petition will be denied.

My question is.. do officers look into these things when they go through the packets ? I know this may sound stupid, but I don't know what the process is or what usually happens in these cases. I feel like they're going to reject, and then I'll file an "appeal" which.. I don't even know what I can do to do that or if it costs more money, or they'll let it go and process me through anyway reading the court documents that state I plead "not guilty" and wasn't convicted. Could anyone help by giving me possible scenarios that could occur? Or maybe help me find out what I can do to help get my petition approved? I haven't received the NOA2 yet but I'm just trying to prepare myself.

[Ontarkie 14,234]

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