Criminal Record of Beneficiary I-129

[WendyP 0]

I am ready to file my I-129F application. The beneficiary has a criminal record from 6 months ago here in the states it is a misdemeanor 1 with a DV attached.

 

My question is when sending in the application it only asks about the Petitioner's criminal record I know they will do a back ground check on my partner so  should we mention it in the cover letter ? I have certified copies of the court documents so could send.  There is no concern re our relationship we have a real relationship and can support the same. Our only concern is the charge but feel there have been steps to improve oneself that will satisfy any questions.

 

Thanks for any advise

 

 

[AZSunshine78 437]

12 minutes ago, WendyP said:

I am ready to file my I-129F application. The beneficiary has a criminal record from 6 months ago here in the states it is a misdemeanor 1 with a DV attached.

 

My question is when sending in the application it only asks about the Petitioner's criminal record I know they will do a back ground check on my partner so  should we mention it in the cover letter ? I have certified copies of the court documents so could send.  There is no concern re our relationship we have a real relationship and can support the same. Our only concern is the charge but feel there have been steps to improve oneself that will satisfy any questions.

 

Thanks for any advise

 

 

Do not offer anything other than exactly what the instructions to fill out the 129 form tell you to do.

 

hold on to the documents in the event his country wants them.

 

good luck!🙂

[f f 725]

oh you could be in for a world of trouble here. domestic violence is a thing uscis does not like and the immigrant will be required to submit court records of every crime they have even been accused of and there is no such thing as a sealed or spent conviction they want it all. having it to have been done so recently will also not be good for you. and since it happened in the us there is no way they will not see it too.

[WendyP 0]

36 minutes ago, f f said:

oh you could be in for a world of trouble here. domestic violence is a thing uscis does not like and the immigrant will be required to submit court records of every crime they have even been accused of and there is no such thing as a sealed or spent conviction they want it all. having it to have been done so recently will also not be good for you. and since it happened in the us there is no way they will not see it too.

I am not worried about them finding out about it and this is the only record he has in his 50 years.  And yes I agree having a DV is not the perfect situation, but it is not a crime of moral turpitude - the sentence was no more than $100.00 fine and self probation.  My only concern was, do I present it in the original application or not, my understanding is that this part is to determine if our relationship is real and that I have no concern about.  We are fully aware that this will come up when and hopefully if there is an interview for the next stage.  At that point we have all the documents and supporting documents to show what steps have been taken to ensure that this kind of situation will not happen again.  

 

My next option would be if denied to get married and request a waiver for hardship (or if I can request on this application I will ) as my daughter lives in the USA and I would not want to move away from her.

 

Thanks for you reply

 

[f f 725]

you do not need to provide it here. at the interview it may be needed.

 

being 50 years old dosent matter the point they will look at is that this person broke us laws 6 months ago and injured or potentially injured us residents. are they safe to let in?

using leaving your daughter behind as reason to get a waver is well laughable since you will try to argue that you need this person to come to the us so that you are not forced to leave your daughter behind as you go off to live with him. neglecting the point that as a parent your daughter should be more important than any love interest of yours and you are willing to abandon them instead of trying to bring them with you.

 

yes, I sound like a mean/spiteful person but I am pretty sure I am

 

[WendyP 0]

19 minutes ago, f f said:

you do not need to provide it here. at the interview it may be needed.

 

being 50 years old dosent matter the point they will look at is that this person broke us laws 6 months ago and injured or potentially injured us residents. are they safe to let in?

using leaving your daughter behind as reason to get a waver is well laughable since you will try to argue that you need this person to come to the us so that you are not forced to leave your daughter behind as you go off to live with him. neglecting the point that as a parent your daughter should be more important than any love interest of yours and you are willing to abandon them instead of trying to bring them with you.

 

yes, I sound like a mean/spiteful person but I am pretty sure I am

 

Thanks for answer to my question. The rest of your answer is irrelevant to my question and as since you don't know the situation you really don't have the ability to comment the actual situation.  My Daughter is 22 so I really don't think the word abandon is applicable.

 

You should re read your message you talked about All criminal charges I was simply saying there is only in that amount of years.

 

Again thanks for your input

 

 

 

 

 

[Villanelle 4,122]

Why did you say it wasnt a crime of moral turpitude. It is.

In certain cases it can make the alien inadmissible. 

 

Anyway, theres no place on the 129f for that info. They will do a background check on your fiancee later in the process. Read the guides. 

 

 

[WendyP 0]

13 minutes ago, Damara said:

Why did you say it wasnt a crime of moral turpitude. It is.

In certain cases it can make the alien inadmissible. 

 

Anyway, theres no place on the 129f for that info. They will do a background check on your fiancee later in the process. Read the guides. 

 

 

If you read what a crime of moral turpitude and what the circumstances this crime was -  then no this is not one

 

From the USCIS site

What is a crime involving moral turpitude?

The term moral turpitude is not defined under federal law. However, courts in the United States have defined it generally as an act that is inherently base, vile, or depraved, and contrary to the accepted rules of morality and the duties owed between persons or to society in general. 

 

We spoke with both the Judge and DA and both their professional responses were with them knowing all the facts was No this is not a crime of Moral Turpitude.

 

Thanks for the reply - I understand that there is a background check but that was not my question, I also noted that there is no place for it on the application so perhaps you should read my question again.

 

Must say this site is not as it appears I did not put my question up for any individual to judge the crime or situation but only to see if anyone could answer my question.  Therefore I will remove my self from this site as I am not here to be judged or neither is my partner and it is no ones place here to judge us or for us to judge anyone else situation.

 

Thanks

 

 

 

 

 

[geowrian 22,338]

Not really seeing much judging going on here...(mostly) just inquiring as to the facts of the case and stating concerns about how the criminal history will impact the case in the future. The answer to the question has been noted in a few replies above...look harder if you missed them.

 

22 minutes ago, WendyP said:

The term moral turpitude is not defined under federal law. However, courts in the United States have defined it generally as an act that is inherently base, vile, or depraved, and contrary to the accepted rules of morality and the duties owed between persons or to society in general. 

COs use their own policies and discretion, and decisions are generally covered by consular non-reviewability. For instance, something as small as shoplifting can be a CIMT for immigration purposes (and this has been upheld by the BIA).

 

4 hours ago, WendyP said:

My next option would be if denied to get married and request a waiver for hardship (or if I can request on this application I will ) as my daughter lives in the USA and I would not want to move away from her.

2 hours ago, WendyP said:

My Daughter is 22 so I really don't think the word abandon is applicable.

A hardship waiver due to your daughter would be difficult IMO. You don't want to move away from her. That's not an extreme hardship as required, plus she's considered an adult for immigration purposes. I'm not saying a hardship waiver isn't possible if the crime is deemed to be a CIMT by the CO and therefore makes him inadmissible....just that it's unlikely to be granted due to your daughter.

 

Edited October 4, 2017 by geowrian

[Villanelle 4,122]

I agree with the above. No one has said anything about the fact that your fiancee was charged with DV six months ago and you were most likely the victim, nor quoted any statistics about the repeat rate of such offenses and how stupid it is to get involved with an abuser.

 

As stated USCIS reviews charges themselves and makes their own determination of whether its CIMT or not. Hopefully its not. If it is you will need a better reason for the waiver-  if so the CR visa is better for waivers.

 

 

[Abdeslam 47]

Domestic violence , i think you need a waiver before applying but in the most case the waiver is denied when it come to domestic violence 

[IowacityGuy 152]

if its the only conviction in beneficiary record.. ask attorney it can be reduced to simple assault or dis orderly conduct. Every state had some sort of first offender program which allows the offender to accept a plea deal on reduced charges. If they are reduced to simple misdemeanor or dis orderly conduct you don't need a waiver. but you. have turn in court dispostion plus beneficiary must not be on probation while interviewing. This program give an opportunity to the person to show improve and not commit any sort crime ever again. USCIS take DV conviction very seriously not matter you went to jail or not.. DV conviction makes inadmissible right on the spot. 

 

Domestic violence is a very serious crime and should be reported to cops once you see it.  

Edited October 4, 2017 by abhatia315

[Russ&Caro 1,549]

17 hours ago, WendyP said:

Must say this site is not as it appears I did not put my question up for any individual to judge the crime or situation but only to see if anyone could answer my question.  Therefore I will remove my self from this site as I am not here to be judged or neither is my partner and it is no ones place here to judge us or for us to judge anyone else situation.

FYI, damara and geowrian are experienced members of the site and have given invaluable advice to many new forum participants through the years. You're getting some good advice here. As others have said, people here are more interested in getting a full set of facts to give you better advice. I can see how it might appear to you as people judging you. Good luck on your visa journey.

[Prystine 184]

Geowrian already covered what I was going to point out from an immigration point and while you make not like the answers, it doesn't make them any less true or accurate. I am a bit more concerned with the fact the way your posts read, that you are trying to downplay domestic violence. While you are right in that we don't know your specific situation, since no details were given, domestic violence is not ok and is a red flag for USCIS and the US Embassy. From a personal perspective who has had to deal with getting a friend out of an abusive relationship, just be careful. Love makes some people blind and deny what's really right in front of them.