Restraing Order Question

[mighty836 87]

Hello everyone,

I have a restraining order against me from a crazy EX wife in the state of New Jersey. There was no Criminal case, and i was not convicted of anything. Should i list this in my Application and what issues will come up if i do or i dont list this. Reading through everything it states list all Criminal convictions for any offenses.

I have told my Fiance everything about this so she knows all upfront.

[LionessDeon 2,060]

Application for what?

Were you arrested for anything?

[f f 725]

it is better to list everything and let them determine if it is not needed than forget to include something.

good luck

[Glennk 1]

If you weren't arrested, I wouldn't worry about listing it!

[TBoneTX 45,292]

Throughout this immigration process, read instructions carefully and interpret them literally.

[mighty836 87]

Application for what?

Were you arrested for anything?

If you weren't arrested, I wouldn't worry about listing it!

I was Arrested but not charged with anything. Oh and im sorry its for a K-1 Fiance Visa

[LionessDeon 2,060]

I was Arrested but not charged with anything. Oh and im sorry its for a K-1 Fiance Visa

Please complete your profile better so this info is included. Also, list the country of the beneficiary as that will be useful at the interview phase.

So I assume you are the petitioner? http://www.visajourney.com/examples/Form-I-129F.pdf

Please review page 5. It gives instruction on how to answer

"These questions must be answered 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. Using a separate sheet(s) of paper, provide information relating to the conviction(s), such as crime involved, date of conviction and sentence."

Edited December 21, 2016 by LionessDeon

[Mollie09 1,543]

I was Arrested but not charged with anything. Oh and im sorry its for a K-1 Fiance Visa

You need to disclose that

[mighty836 87]

You need to disclose that

that would be on a separate piece of paper correct?

[LionessDeon 2,060]

Mark the appropriate box yes and then per instructions explain details on a separate sheet of paper. I would include an court documents. Reference the I-129f questions number on each additional sheet included.

[Cyberfx1024 7,980]

I was Arrested but not charged with anything. Oh and im sorry its for a K-1 Fiance Visa

I had pretty much the same thing happen to me with my x-wife as well, but I was charged because of it. The charge was later dismissed no problem but I still had to list that arrest on the paperwork I sent in for my now wife. Good Luck.

Always remember to be honest and forth right with everything dealing with the embassy and the USCIS.

[Chardon Ne' 71]

It says if you were convicted. An arrest is not a conviction. I have much experience in this area PM me if you would like.

[Chardon Ne' 71]

2. Have you ever been convicted by a court of law (civil or criminal) or court martialed by a military tribunal for any of the following crimes:

[LionessDeon 2,060]

I would give full disclosure. You have a restraining order against you.

[Villanelle 4,122]

Its really up to you whether you want to disclose or it not. There are advantages and disadvantages of doing so I suppose. Chardon Ne' is correct- you only are required to list convictions and a RO is not considered a conviction. Being "arrested" is not considered a conviction- so that does not need to be disclosed either.

Your RO may come up in their background search- it may not. If it does come up and you didnt disclose it, they may question your fiance about it. If she had a copy of the order and/or was able to demonstrate that she understood exactly what it was about and was OK with it; it shouldnt really be an issue. Even if you disclose it they may question her about it- so the questioning part isnt really the issue.

I see it as- do I want to look potentially suspicious by not sending it but then make up for it by acing the interview about it if it comes up, OR do I want to look really good and sincere and disclose it in advance but then if it wasnt going to come up I just brought it up and made it an issue to deal with.

You wont be in any "trouble" for not listing it on the form because its not a conviction and the form does not specify to include ROs in addition to convictions. I do not know what the RO is about, if it documents physical violence of any kind or just harassment; if you have any other paperwork supporting what happened- or if the order is valid and justified, is it recent, is it old? I dunno and dont really want to so I really cant say what you should do.

The form itself requires a waiver if you have a conviction, which you do not, so theres no issue there. The interview process evaluates the bonafides of the relationship- which is where it can become a relevant issue (are you on the right side morally and not committing visa fraud, does she know important things about you, is she overlooking them for the GC etc)