Do I need to disclose this 20 year old misdemeanor for K1 visa (Im petitioner)

[jstryker 41]

20-ish years ago - lets say 1997 time frame..... I had a spouse that was a prolific 911 caller. She used the buzz words "In fear for my life" just to get me out of the house because I would not let her get away with things she was doing.

After about 6 or 7 times of the police coming and simply recommending "Ok - you go spend the night at a friends house" due to NO PHYSICAL VIOLENCE - they warned if they came out again that one of us was going in.

That time came and they chose me of course - a male in my 20's. The wife was able to stay in the house with our daughter. NO PHYSICAL CONTACT OCCURED. However the officer used justification this time that he noticed a red dot on the inside of her arm - "Perhaps I grabbed her". California being a "NO DROP" state where they prosecute 100% of DV cases - that is indeed what happened.

Long story short - I did a plea to simple battery (NOT THE Domestic Violence version) and received: (1) couple of weekends of weekend work program; (2) a 10 year ban from owning a firewarm (3) an anger management class - which is ironic because I thought I did pretty well under the circumstances.

I DID NOT receive the 52 week Domestic Violence Batterer's program because I was not charged under Domestic Violence.

Since this is NOT a Domestic Violence conviction - do I need to disclose it? Also - its almost 20 years ago - doesnt anything ever fall off the record anymore?

I have one drug conviction in 2005 but this doesnt need to be disclosed because in the IMBRA instructions it says you need to disclose (3) drug convictions.

Please advise... I really dont feel like dredging thru the mud and digging up old stuff on this - but for my wife to be - I will do so.

[IcezMan_IcezLady 582]

Yup.. disclose before they find out.. On the forms, they ask for "arrests, convictions,etc".. so refusing to disclose it means lying. misrepresentation is punishable with ban under immigration law.

Where in IMBRA does it say this?

Do mean this ?

Criminal Background Information Disclosed to Foreign Fiancé(e) or Spouse. IMBRA requires U.S. citizens petitioning to sponsor K visas to disclose convictions for a list of violent crimes on the “I-129F” petition form that they file with DHS, including convictions for domestic violence and assault & battery, as well as convictions for elder abuse, child abuse or neglect, and stalking; and multiple (three or more) convictions for offenses related to alcohol/controlled substances.^[3]

Anyway, stop trying to trivialize your domestic violence record , you had the chance to walk away after a couple of calls.

[JenniferNangel 137]

Stop saying it is not dv when it 100% is. Stop blaming your ex for this like the pp stated you could of walked away but stayed you grabbed her arm so there was a mark on her which will be in police reports or court reports. Even if they dropped the charges down(which they do a lot to get a criminal to plea out) doesn't mean it's not dv you were charged with battery but arrested for dv FYI battery is pretty serve assult 3rd or bop would of been a lesser charge

[jstryker 41]

Ok - not going to touch on the DV issue - I know what did and did not happen.

However with regard to the conviction - the instructions on form 129F state: Have you ever been convicted of Domestic Violence, blah blah blah and blah.....

The answer is NO. I was NOT convicted of it. The charge that I plead to and was accepted was simple battery which was described to me as unwanted contact - as simple as walking up to someone on the street and flicking them in the forehead. NO Domestic Violence indications.

That is where my question is - since the record doesnt indicate "Domestic Violence" because the judge and DA removed it - is it likely for the Immigration dept to see a Simple Battery and say "Hey - lets dig deeper to see what this originally was"

I doubt it But that is why Im here to ask.

Thank you again for your responses.

[JenniferNangel 137]

So here is a example of someone arrested for dv as you can see there is no actual charge for dv through the court but that does not mean the person is in the clear for the dv incident from my knowledge you can not plea guilty to dv it doesn't exist but it's still on the person record. I advise you to tell the truth when filing government forums if my answer doesn't suit you you can ask your friendly neighborhood immigration lawyer

[jstryker 41]

So here is a example of someone arrested for dv as you can see there is no actual charge for dv through the court but that does not mean the person is in the clear for the dv incident from my knowledge you can not plea guilty to dv it doesn't exist but it's still on the person record. I advise you to tell the truth when filing government forums if my answer doesn't suit you you can ask your friendly neighborhood immigration lawyer

Thank you - I think that is where I keep getting confused. They are not judging you necessarily based on what you did or plead guilty to - but rather that there is proof that you disclosed it.

So its best to just disclose it and move forward.

[Cheezees 1,514]

(Un)fortunately for you, there is no option that starts with "Omit this question if you really don't feel like dredging thru the mud...".

[N-o-l-a 7,167]

What are the charges in California that could have been levied concerning domestic violence? Do they have a specific charge for it?

As far as I am aware a battery charge in which the victim is someone in your family unit or partner is considered "domestic violence" in a common usage type way.

Edited August 23, 2016 by N-o-l-a

[EM_Vandaveer 2,408]

It's better to disclose it and it wasn't strictly necessary than not disclose it for whatever reason and then realizing it had to be disclosed, after all.

[Meg&Andrew 297]

I've been trying to do some research on this since reading your post, and even though it's not actually a domestic charge, I believe it should still be included. It was simple battery, so I wouldn't think it would be a big deal. If it was aggravated, yes, but I wouldn't think this would cause you too much of an issue. Disclose it for the sake of not being hit with a misrep. Include court records, police reports, and all records you can stating exactly what happened and the punishment. It's better to tell the truth. USCIS will decide if it's considered a part of DV or not. Good luck!

[love4life09 15]

Can you get the police report and court record showing disposition of the case? If so check yes and send them. It's no big deal ,I had 2 of them that I thought were convictions but found out they were not when I got an RFE for not sending the reports (because I checked yes in the box). I responded with the police reports and no court records found document from the courthouse and was approved soon after that.I have since had both expunged.

[USAMorocco 143]

disclose it!! USCIS will see the case in the computer. please take it from me. I just got an RFE for not including my final court dispositions for past drug and alcohol charges. i mean very long ago past charges. They will find out everything so tell them. It is better to be honest. They are not going to hold it against you. They will however tell your fiancee about it. so make sure she knows. Good luck!!

[KayDeeCee 4,893]

Not DV...sanctimonious...blah..blah..blah...

The I-129F instructions are very clear on what they mean. Read them. Follow them. >>

3. What Documents Must You Submit to Comply With IMBRA?

a. If you have ever been convicted of any of the following crimes, submit certified copies of all court and police
records showing the charges and dispositions for every conviction. You must do so 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.

(1) Domestic violence, sexual assault, child abuse and neglect, dating violence, elder abuse, and stalking.

The term "domestic violence" includes felony or misdemeanor crimes of violence committed by a current or
former spouse of the victim, by a person with whom the victim shares a child in common, by a person who is
cohabitating with or has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of
the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other
person against an adult or youth victim who is protected from that person's acts under the domestic or family
violence laws of the jurisdiction.

~ Moved from K-1 Process to IMBRA Special Topics ~

[TBoneTX 45,273]

Eleven posts have been removed for being off-topic, bickering, or noncontributory. Two participants are banned from this thread. Post civilly and constructively, or don't post.

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[IowacityGuy 152]

I am in exactly same situation. Had an argument on new years eve when i was visiting my wife. They charged me dv misdemeanor. But i able to sign plea deal for simple assault. I was never asked to do any community service or attend any classes.. all i was asked to pay $65. And they expunged my charges after six months. Now i am pursing cr1. Lets see what really happens