Arrest without convictions

[JJZen 0]

I posted this on another forum, but got no answers. Maybe this is the correct place for this question. I am a US citizen.

 

So, my divorce was ugly to say the least. My ex-wife had be arrested multiple times for varies things. All but one was thrown out of court. The most serious charge the DA refused to take and threw it out. One charge I plead to and got a first time offender (Could not afford to fight them all). The record was sealed and will remain sealed unless I get convicted again.  So, I declared all of them with the relevant documents. How will this affect my k1 visa efforts?

[payxibka 10,045]

1 minute ago, JJZen said:

I posted this on another forum, but got no answers. Maybe this is the correct place for this question. I am a US citizen.

 

So, my divorce was ugly to say the least. My ex-wife had be arrested multiple times for varies things. All but one was thrown out of court. The most serious charge the DA refused to take and threw it out. One charge I plead to and got a first time offender (Could not afford to fight them all). The record was sealed and will remain sealed unless I get convicted again.  So, I declared all of them with the relevant documents. How will this affect my k1 visa efforts?

Did you request a waiver?

[JJZen 0]

I have not filed yet. Do I need a waiver even if I had no convictions only arrests?

Edited March 21, 2018 by JJZen

[payxibka 10,045]

2 minutes ago, JJZen said:

I have not filed yet. Do I need a waiver even if I had no convictions only arrests?

You said you plead to one charge so that sounds like a conviction

[Laubster 0]

I had a misdemeanor that was dismissed over 10 years ago.  I declared it, as they have no way of knowing why the dismissal took place.  Dismissals could be the police's fault.  Any way this could jeopardize my K-1 app?

[payxibka 10,045]

2 minutes ago, Laubster said:

I had a misdemeanor that was dismissed over 10 years ago.  I declared it, as they have no way of knowing why the dismissal took place.  Dismissals could be the police's fault.  Any way this could jeopardize my K-1 app?

Depends on the crime but a charge but not a conviction you will most likely you will have to simply explain the situation and provide documentation as to the end result

Edited March 21, 2018 by payxibka

[JJZen 0]

4 minutes ago, payxibka said:

You said you plead to one charge so that sounds like a conviction

Sorta. It is sealed. It is considered a non-conviction unless I get convicted again. So, my pleas was basically I would not get in trouble again and the courts agreed to hold my conviction so long as I do not get in trouble again.

 

My thought at that time was that I was 37 years old and had never been arrested before. So, what would the odds be of it happening again. So, I saved $2000 in court fees. Hindsight I would have fought it.

Edited March 21, 2018 by JJZen

[payxibka 10,045]

2 minutes ago, JJZen said:

Sorta. It is sealed. It is considered a non-conviction unless I get convicted again. So, my pleas was basically I would not get in trouble again and the courts agreed to hold my conviction so long as I do not get in trouble again.

I'm no expert but it sounds like a conviction with a suspended sentence as long as you stay out of trouble

[JJZen 0]

Just now, payxibka said:

I'm no expert but it sounds like a conviction with a suspended sentence as long as you stay out of trouble

Yes, but with the first time offender it get sealed too. So, it does not show on any background checks either. I actually work in software with banks which if it showed on reports I would not be allowed to do. I can buy a gun and do anything else as if it never happened.

[JJZen 0]

Here is the specific law.

 

Per Georgia law (O.C.G.A. § 42-8-60), “upon a verdict or plea of guilty or nolo contendere, but before an adjudication of guilt, the court may, in the case of a defendant who has not been previously convicted of a felony, without entering a judgment of guilt and with the consent of the defendant, defer further proceeding and place the defendant on probation as a first offender.”

If the terms of the first offender sentence are successfully completed, and the probationer discharged, those charges would be sealed on the GCIC database when the discharge is applied to the GCIC criminal history; however, such information may be available through other sources, including court docket books, criminal justice agency websites, or through “third party” vendors. GCIC must receive official notification that the subject has successfully completed the FOA requirements. The record is not automatically sealed based on the passage of the probation sentence.

[geowrian 22,337]

Very few crimes are an actual bar for the I-129F. I don't think you fall into that area. The rest of it is complying with IMBRA so that the beneficiary is aware of the criminal history of the petitioner.

[legatoblue18 38]

I was in a similar situation, just got an RFE today but it wasn’t too bad. Include all the certified documents and explain the situation and make sure your fiancée is aware of the arrests etc.

[Laubster 0]

23 hours ago, legatoblue18 said:

I was in a similar situation, just got an RFE today but it wasn’t too bad. Include all the certified documents and explain the situation and make sure your fiancée is aware of the arrests etc.

I'm praying to God this doesn't happen.  I live in Brazil with my fiancee, so having to return to the county where it happened would be an insanely expensive RFE.

[JJZen 0]

On 3/20/2018 at 10:06 PM, geowrian said:

Very few crimes are an actual bar for the I-129F. I don't think you fall into that area. The rest of it is complying with IMBRA so that the beneficiary is aware of the criminal history of the petitioner.

So, if it the first time offender crime is also not one that would restrict the K1 visa would I need a waiver also? 

[Mark_712 126]

On 3/24/2018 at 5:07 PM, JJZen said:

So, if it the first time offender crime is also not one that would restrict the K1 visa would I need a waiver also? 

if you read what falls under the “waiver requirements” only certain crimes fall under that such as restraining orders, certain criminal assaults on minors and spousal abuse, drug offenses. I would research more online there are other websites that give advice about what to do when you have that. They also consider the amount of time that has passed since the convictions or offenses.  I would recommend that you get at least three character reference letters that are notarized from friends and/or  colleagues, even a church or someone with authority like lawyers and ministers if they apply to you to also support your K-1 visa and they could stay things about who you are.