Is a domestic violence an automatic denial

[Cthomas 0]

18 years ago I was charge and convicted for a DV and I just got into a argument with my ex-girlfriend over our daughter. I had to go to court and she did not show, so she had a warrant placed on her. so the next court date she was present and I got fined 157 dollars which included court cost and she was also fined the same. That is all what happen because I did not hit her, she said i pushed her. I did not have to go to any classes at all, just a fined so will this give me an automatic denial when I apply for the K1 Visa for my fiancé ???

[payxibka 10,045]

3 minutes ago, Cthomas said:

18 years ago I was charge and convicted for a DV and I just got into a argument with my ex-girlfriend over our daughter. I had to go to court and she did not show, so she had a warrant placed on her. so the next court date she was present and I got fined 157 dollars which included court cost and she was also fined the same. That is all what happen because I did not hit her, she said i pushed her. I did not have to go to any classes at all, just a fined so will this give me an automatic denial when I apply for the K1 Visa for my fiancé ???

You will need to document what happened and request a waiver.  They cannot approve the petition without the granting of the waiver

 

An I-130 for a spouse is not subject to this...  You may wish to reconsider your intended path for immigration

[Cthomas 0]

Hello, now the last part about the spouse I didn't understand. How hard is it to get a waiver

Edited February 10, 2018 by Cthomas

[geowrian 22,337]

11 minutes ago, Cthomas said:

Hello, now the last part about the spouse I didn't understand. How hard is it to get a waiver

The waiver is only needed for IMBRA requirements, which applies to fiances/fiancees. If you marry (anywhere in the world) and then file for a CR-1 (spousal) visa, no waiver is needed as this is not subject to IMBRA. It may still be brought up at the embassy interview so your spouse would need to know about it, though.

The chance of approval on a waiver depends on the strength of the case being presented requesting the waiver. Nobody is entitled to one. A strong case has a much higher chance for approval than a weak one.

[Cthomas 0]

so it would be a better path to go for the I-30/ Cr-1 in my case. so what I getting is if I married her in her country, I still can get her over here with the Dv on my record? 

[payxibka 10,045]

50 minutes ago, Cthomas said:

so it would be a better path to go for the I-30/ Cr-1 in my case. so what I getting is if I married her in her country, I still can get her over here with the Dv on my record? 

Nobody is guaranteed immigration benefits....  What is being said is that a DV charge is not going to stop your spousal petition like it might for a fiancee visa, and in your situation a spousal visa might be the most prudent route

 

 

[Cthomas 0]

Thank you Payxibka