Arrest Record For Petitioner - Case Dismissed w/ Prejudice

[legatoblue18 38]

Long story short, I had a mentally ill ex that tried to frame me for domestic battery that resulted in me being arrested for misdemeanor DB.  The case was later dismissed with prejudice because it was obvious she fabricated the story.  After she attempted to frame me she took out an emergency (temporary) order of protection against me that I also defeated in court.  I have also since had the arrest record expunged.  Does anyone have any advice on filling out the petitioner's criminal information section?  Will this information give them reason to deny my k1 application or is it solely for the purpose of giving the information to my fiancee?  My fiancee is fully aware of the situation so that wouldn't be an issue, we first started talking when I was in the middle of this ordeal last year and she was a great source of support for me.

 

Any and all help would be greatly appreciated!

 

Thanks in advance.

[patientguyinlove 92]

I can't speak from experience, but after discussing with an attorney, she mentioned domestic violence was perhaps the most serious criminal issue when it comes to I-129F.

You need to answer yes to the criminal questions. 

Provide all the evidence...make sure you have certified copies of all records. 

Provide any other relevant information related to the case.

Was there a court transcript that provides evidence to USCIS that a judge determined the accusation was "fabricated?"

 

There are other threads on this topic around VJ. Take a look around:

 

 

[legatoblue18 38]

26 minutes ago, patientguyinlove said:

I can't speak from experience, but after discussing with an attorney, she mentioned domestic violence was perhaps the most serious criminal issue when it comes to I-129F.

You need to answer yes to the criminal questions. 

Provide all the evidence...make sure you have certified copies of all records. 

Provide any other relevant information related to the case.

Was there a court transcript that provides evidence to USCIS that a judge determined the accusation was "fabricated?"

 

There are other threads on this topic around VJ. Take a look around:

 

 

Thank you...  I have inches thick court transcripts with my ex being confronted with evidence and admitting that she had been physically abusing me and also threatened prior to this happening that she would lie to the police if I called them on her... so frustrating even after getting the case dismissed and the records expunged it is still haunting me.

[PedroDaGr8 245]

3 hours ago, legatoblue18 said:

Thank you...  I have inches thick court transcripts with my ex being confronted with evidence and admitting that she had been physically abusing me and also threatened prior to this happening that she would lie to the police if I called them on her... so frustrating even after getting the case dismissed and the records expunged it is still haunting me.

Don't worry, it's not haunting you. It just is a bit of extra work. With the expunged records and more importantly the courtroom testimony, this will be nothing more than a slight bump in the road at most. The fact that you were the victim will make this a slam dunk case and shouldn't trouble you any more than just having to provide the evidence.

Edited August 11, 2017 by PedroDaGr8

[Villanelle 4,122]

17 hours ago, legatoblue18 said:

  Does anyone have any advice on filling out the petitioner's criminal information section?  Will this information give them reason to deny my k1 application or is it solely for the purpose of giving the information to my fiancee?  

Advice for filling it out? Its pretty self explanatory. Just check "yes" where its appropriate and include the documents you have along with a brief letter of explanation. 

 

Because the case was dismissed this wont cause any issue for approval of the 129f besides as stated the added paperwork. Make sure your documents are certified court copies of the dismissal. The second potential issue would come during the interview where your fiance may or may not be asked about your "criminal record". Technically they are suppose to discuss this with her and "disclose" it to her but often it doesnt even come up. People imagine the fiance will be sat down and given court papers to look at and review and that just never happens. Its usually just the Officer mentioning it. Sometimes they ask a few questions about what happened. Since your fiance knows about this it shouldnt be a problem.. I often suggest sending your fiance an exact duplicate of the papers you submitted to USCIS with the 129f so she can review it. She can even bring them to the interview with her to show she is fully aware of what went on. She probably wont need them but it would make you both feel more confident knowing she has them.

 

 

 

[legatoblue18 38]

Thank you both for the encouragement. It makes me feel a lot better. THe process is a bit daunting at first and I was a little discouraged when I saw the old form only required convictions to be disclosed while this new one requires arrests as well.