AOS interview with arrest record but no charged

[fuzzybunny123 1]

Hello,

We went to our AOS interview today and I prepared the exact documents stated in the instruction:

If ever get arrest and no charges were filed: bring an original official statement by the arresting agency or application court order confirming that no charges were filed.

So we brought the disposition letter from District of Attoney office confirming now charges were filed. This is how my husband explained my arrest to the interviewing officer: "We got in to a heated argument and the neighbour called the police, as you know Oregon law if someone hit or slaps they will take a person away even though it was minor"

After that, the officers asked for the police report of the incident, she called it the "incident report", and we didnt have it because I thought the court document was enough. So she issued us a RFE for the "incident report", told us couldnt stamp my passport because she didnt have the stamp with her.

We left and went straight to the police station of course. But my question is what is my chance of her approving my case? I am very nervous. Any advice is appreciated.

I am adjusting from F-1 and my husband is a USC, an engineer and our Affidavit of Support is excellent as he makes way above the required number. Will they deny me base on Moral character?

[Rc123rc 528]

The court document only shows what happened to the case. They want to see the report from the police with the case details. Many things can cause a denial. All you can do right now is comply with the request and cross your fingers. If someone was hit or slapped then it's battery. Since domestic abuse is a red flag normally, they want to make sure of all the details concerning the arrest.

[tumtum 4]

Get the incident report from Police office and re-appear along with the court document about the case. You will get your GC.

[fuzzybunny123 1]

Thank you for your reply. Did my husband trigger her asking for the report when he explained it that way? The uscis clearly stated court document confirming no charge.

Can they deny me without conviction? I am still with my husband and no charge were file. DA declined to file charge. No classes. No programs.

Did anyone need to submit their police report for domestic harassment before?

Thank you very much.

[KayDeeCee 4,893]

~ Moved from AOS from Family Based Visas Progress Reports to AOS from Work, Student & Tourist Visas Progress Reports - topic is case status from F-1 ~

[WandY 430]

Yes, they can deny without conviction. Be completely honest and provide every piece of paper you have. Sometimes a prosecutor (city, county, or state) may find that a crime occurred, but that filing charges is not warranted. However, charges can be filed at anytime within the time period allowed (statute of limitations). Sometimes they put the incident on hold and will use it ONLY if another incident occurs.

This is very common in domestic cases. If they get another call on you, wave goodbye to the USA. Domestic violence (if that's what this is) is often a serious issue with local prosecutors. Maybe you should seek counseling, with or without charges. It would look good - and maybe you need it. Good luck.