Disordely conduct charge

[Skys 66]

Hey guys, here is my story....

 

My husband came here on a K1 visa, we got married within 90 days.  One time my husband was drunk and got home late so we got into it.  I refused to open the door coz we were arguing and he was drunk. So he got frustrated with me and was banging on the door for me to open so I got scared and called the police to stop him, well he ended up being arrested and was charged with a disorderly conduct  509.03(30(A) DCP M4 and he plead guilty to it. He got one year probation which said he should not drink and should refrain from banging any door (to make sure he did not do it again so said the probation officer). Anyway, during all that drama we had also started AOS process.  Unfortunately, he had to travel back to his home country to attend to an emergency he could not ignore before the AOS was approved and without the advance parole.  So because he travelled back before his advance parole approved that meant he could not come back.  So now I ave filed for a spousal visa and the petition is being reviewed. My husband checks in with the probation officer every month via email and phone (the probabation end in a couple of months) and the officer is willing to write a letter about the case, etc.  We just recently spend 2 weeks together in his home and have carried on a normal relationship since he left and have all evidence to prove that. 

 

Do you guys think he/we have a chance of being approved for the spousal visa. Do you think we may need a waiver the disorderly charge? He has never been arrested before in any country he has ever lived.  

 

Thank you for taking the time to read and for any of your comments/advice.

[f f 725]

sounds like it would fall under the petty crimes exemption. not sure how it applies if he is out of the country but I would think he has a decent chance. just make sure he is staying sober and is completely open and honest at the interview.

[IowacityGuy 152]

He definitely has a chance to get the Visa because I was in the same situation  A year ago. My wife and I had an argument and she ended up calling cops. I was arrested for simple assault for pushing my wife and at the same time  my a OS was under process. I had to leave United States for some emergency back home and couldn't come back. Then my wife and I decided to file for CR1 visa. It took me one year to get the Visa and I am back to United States. Since simple assault and please disorderly conduct are considered petty offence it shouldn't affect your spouse Visa application. At the interview they put my application under administrative review for two months and at the end they issued me the Visa. You should be good

[Skys 66]

On 8/26/2017 at 5:30 AM, abhatia315 said:

He definitely has a chance to get the Visa because I was in the same situation  A year ago. My wife and I had an argument and she ended up calling cops. I was arrested for simple assault for pushing my wife and at the same time  my a OS was under process. I had to leave United States for some emergency back home and couldn't come back. Then my wife and I decided to file for CR1 visa. It took me one year to get the Visa and I am back to United States. Since simple assault and please disorderly conduct are considered petty offence it shouldn't affect your spouse Visa application. At the interview they put my application under administrative review for two months and at the end they issued me the Visa. You should be good

Really...thank you so much....this gives us hope.

[Skys 66]

On ‎8‎/‎26‎/‎2017 at 5:30 AM, abhatia315 said:

He definitely has a chance to get the Visa because I was in the same situation  A year ago. My wife and I had an argument and she ended up calling cops. I was arrested for simple assault for pushing my wife and at the same time  my a OS was under process. I had to leave United States for some emergency back home and couldn't come back. Then my wife and I decided to file for CR1 visa. It took me one year to get the Visa and I am back to United States. Since simple assault and please disorderly conduct are considered petty offence it shouldn't affect your spouse Visa application. At the interview they put my application under administrative review for two months and at the end they issued me the Visa. You should be good

We are at NVC stage now.  I need your help. At NVC stage how did you go about getting the police clearance from the USA? Do you get one or the charge thumps the requirement? What documents did the NVC or embassy request you to provide for the charge in order to be approved by the embassy.  We are stuck as to how to get the police clearance for the USA.  Your help will be most appreciated. You can dm me if that's okay.