Possibly a issue?

[Russel1995 163]

The question about "have you ever been the subject of a temporary or permament restraining order?"

 

Instructions state "for the specified crimes listed below"  which he doesnt remember if he stated wether he was living with me or not.  So if he was than it would be domestic violence were the grounds, if not. Then it wouldnt have been related to any of the specefied crines.

 

"tem Numbers 1. - 3.c. Criminal Information. Indicate whether you have ever been the subject of a temporary or permanent protection order or restraining order (either civil or criminal) related to any of the crimes specified below, or arrested, or convicted of any of the crimes specified below. If you were ever arrested or convicted of any of the specified crimes, you must submit certified copies of all court and police records showing the charges and disposition for every arrest or conviction. You must do so even if your records were sealed, expunged, or otherwise cleared, and regardless of whether anyone, including a judge, law enforcement officer, or attorney, informed you that you no longer have a criminal record. 1. Specified Crimes A. Convictions for domestic violence, sexual assault, child abuse or child neglect, dating violence, elder abuse, and stalking or an attempt to commit any such crime: NOTE: The term “domestic violence” includes felony or misdemeanor crime of violence committed by a person. (1) Who is a current or former spouse of the victim; (2) With whom the victim shares a child in common; (3) Who is cohabitating with or has cohabitated with the victim; (4) Who is similarly situated to a spouse of the victim under the domestic or family violence laws of the relevant jurisdiction; or (5) Against whom the victim is protected under the jurisdiction’s domestic or family violence laws."

[Russel1995 163]

This possible should have been a yes for question 3.1a

[Allaboutwaiting 2,503]

9 minutes ago, Russel1995 said:

This possible should have been a yes for question 3.1a

Agreed, it should have been yes. And as stated in another post, it is concerning as it could be linked to domestic violence. 

Again, you need documents pertaining the accusation.

Do you have the papers you were served to appear in court? And the court must have something, such as record of the citation, the no show, etc.

[Russel1995 163]

5 minutes ago, Allaboutwaiting said:

Agreed, it should have been yes. And as stated in another post, it is concerning as it could be linked to domestic violence. 

Again, you need documents pertaining the accusation.

Do you have the papers you were served to appear in court? And the court must have something, such as record of the citation, the no show, etc.

I no longer have the papers.  Tried to obtain through court civil database, and saw nothing in the database for me.

 

 

Just now, Russel1995 said:

I no longer have the papers.  Tried to obtain through court civil database, and saw nothing in the database for me.

 

 

Background checks that also include civil and criminal.. also i see nothing.

 

Will be asking clerk tomorrow.

[Russel1995 163]

Got copies of it, was temporarily approved. they informed my step-brother there is nothing he can do about it.. so we went ahead and got a notarized letter and he stated it was falsly done.

 

I scheduled a appointment at the local USCIS field office on june 10th to bring all the documents and letter to and ask them where id send them to get it fixed, or to obtain a letter for my fiances interview.  To present with all the documents i just obtained and the notarized letter.

 

IMBRA i know also requires disclosure of PERMAMENT restraining orders... hoping that works inb my favour, as this was only temporary.

[Russel1995 163]

I also talked to a Tier 2 officer at USCIS on this issue, he stated that i would have received a RFE or denial if it was discovered during adjucation.

 

Stated that since that didnt happen, he doesnt beleive there would be a denial ro visa issuance for that, then wished me luck.

 

Case is closed at USCIS and no further information can be changed or adjusted.

Edited May 28, 2019 by Russel1995

[SalishSea 18,126]

1 minute ago, Russel1995 said:

I also talked to a Tier 2 officer at USCIS on this issue, he stated that i would have received a RFE or denial if it was discovered during adjucation.

There are several members of VJ who were denied at the consular interview for failing/forgetting to disclose such issues to USCIS, so personally I would continue to do everything I could to make sure they know about it.

[Russel1995 163]

Just now, Jorgedig said:

There are several members of VJ who were denied at the consular interview for failing/forgetting to disclose such issues to USCIS, so personally I would continue to do everything I could to make sure they know about it.

Yes i seen some of the posts.  I am still going to the feild office appointment to try to correct it.

 

But, am not sure if presenting a correction at the interview would help anything due to that it wasnt adjucated and approved by USCIS.

 

Also emailed embassy that the issue may come in my background checks.  The difference between my issue and others is this one is civil, wasnt ever approved in court by a judge.

 

IMBRA also only requires disclosure of permament restraining orders and convictions of the specefied crimes listed in the instructions.. 

[Russel1995 163]

Just now, Russel1995 said:

Yes i seen some of the posts.  I am still going to the feild office appointment to try to correct it.

 

But, am not sure if presenting a correction at the interview would help anything due to that it wasnt adjucated and approved by USCIS.

 

Also emailed embassy that the issue may come in my background checks.  The difference between my issue and others is this one is civil, wasnt ever approved in court by a judge.

 

IMBRA also only requires disclosure of permament restraining orders and convictions of the specefied crimes listed in the instructions.. 

Instructions also state you need to disclose tempoaray or permament restraining orders if theyre related to the specefied crines listed*

 

Maybe the instructions favor me 🥰

[Russel1995 163]

Item Numbers 1. - 3.c. Criminal Information. Indicate whether you have ever been the subject of a temporary or permanent protection order or restraining order (either civil or criminal) related to any of the crimes specified below, or arrested, or convicted of any of the crimes specified below. If you were ever arrested or convicted of any of the specified crimes, you must submit certified copies of all court and police records showing the charges and disposition for every arrest or conviction. You must do so even if your records were sealed, expunged, or otherwise cleared, and regardless of whether anyone, including a judge, law enforcement officer, or attorney, informed you that you no longer have a criminal record.

1. Specified Crimes

A. Convictions for domestic violence, sexual assault, child abuse or child neglect, dating violence, elder abuse, and stalking or an attempt to commit any such crime: NOTE: The term “domestic violence” includes felony or misdemeanor crime of violence committed by a person. (1) Who is a current or former spouse of the victim; (2) With whom the victim shares a child in common; (3) Who is cohabitating with or has cohabitated with the victim; (4) Who is similarly situated to a spouse of the victim under the domestic or family violence laws of the relevant jurisdiction; or (5) Against whom the victim is protected under the jurisdiction’s domestic or family violence laws.

B. Convictions for homicide, murder, manslaughter, rape, abusive sexual contact, sexual exploitation, incest, torture, trafficking, peonage, holding hostage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, false imprisonment, or an attempt to commit any of these crimes.

C. At least three convictions for crimes relating to a controlled substance or alcohol not arising from a single act

 

I'm digging for gold to have hopes that the instructions are in my favour.

[Allaboutwaiting 2,503]

Now you have the papers, the issue, is having someone correcting the file, which should be at the consulate now. 

As another poster said, if disclosed during interview, the consular agent can decide to correct it or send it back to the USCIS. Or simply dismiss it if he/she considers the question does not apply to your case.

 

If corrected now, the USCIS would ask the consulate to send the file back, which, in best case scenario, would delay the process.

 

What I think would be the safest thing to do is going to the USCIS office and confirm that the question DOES NOT apply to your case and, if possible, get some sort of proof in that matter. Whatever document you could get, include in the interview package for your fiancee.

I would personally avoid trying to get the file back to USCIS, mainly because I've read just horror stories when that has happened.

[Villanelle 4,122]

7 hours ago, Russel1995 said:

Got copies of it, was temporarily approved. they informed my step-brother there is nothing he can do about it.. so we went ahead and got a notarized letter and he stated it was falsly done.

 

I scheduled a appointment at the local USCIS field office on june 10th to bring all the documents and letter to and ask them where id send them to get it fixed, or to obtain a letter for my fiances interview.  To present with all the documents i just obtained and the notarized letter.

 

IMBRA i know also requires disclosure of PERMAMENT restraining orders... hoping that works inb my favour, as this was only temporary.

According to your post he had lived with you. So you would have needed to check off part 3 #1 as yes. You checked off no so you need to correct this. I dont know if you have ever been to an infopass but you seem to have way too high of expectations. They will give you no such letter for the interview. They may take your documents or direct you to mail them. Either way its the same thing because if they do take the papers they will simply forward them to the service center. No one in the office is currently assigned your file and can actually do anything with it.

 

Also to clarify IMBRA doesnt really apply to this. So the tier 2 was right that the offense itself is not something that would cause a delay or denial HOWEVER failing to disclose it is a totally separate issue. 

[Russel1995 163]

8 hours ago, Villanelle said:

According to your post he had lived with you. So you would have needed to check off part 3 #1 as yes. You checked off no so you need to correct this. I dont know if you have ever been to an infopass but you seem to have way too high of expectations. They will give you no such letter for the interview. They may take your documents or direct you to mail them. Either way its the same thing because if they do take the papers they will simply forward them to the service center. No one in the office is currently assigned your file and can actually do anything with it.

 

Also to clarify IMBRA doesnt really apply to this. So the tier 2 was right that the offense itself is not something that would cause a delay or denial HOWEVER failing to disclose it is a totally separate issue. 

He used a differebr address in the order.  Never stated he lived with  me.

[Russel1995 163]

35 minutes ago, Russel1995 said:

He used a differebr address in the order.  Never stated he lived with  me.

So.  By looks it was not a domesric violence case 

 

Just harrasment, uninvited visits to his place of employment, property damage, theft, and harrasing text messages.

 

😀

 

Also the petitioner normally can not enter the consulate with the applicant at jurauz, however they all requests to enter for help of the applicant if disabled or has a small child.  My fiance has a 4 year old son,  we will request i enter with to help care for him.  My fiance will also have the documents of the report to give them.

 

Even if they can not give a letter at the info pass appointment, i can still obtain a record showing i was there.  To try to correct the information if needed to be corrected.

Edited May 29, 2019 by Russel1995

[Villanelle 4,122]

7 hours ago, Russel1995 said:

So.  By looks it was not a domesric violence case 

 

Just harrasment, uninvited visits to his place of employment, property damage, theft, and harrasing text messages.

 

😀

 

Also the petitioner normally can not enter the consulate with the applicant at jurauz, however they all requests to enter for help of the applicant if disabled or has a small child.  My fiance has a 4 year old son,  we will request i enter with to help care for him.  My fiance will also have the documents of the report to give them.

 

Even if they can not give a letter at the info pass appointment, i can still obtain a record showing i was there.  To try to correct the information if needed to be corrected.

But you posted he had lived with you. Just because that material fact was not in the paperwork does not mean it's still not a material fact.

 

I'm not trying to give you a hard time. I really hope there is no delay, I'm just being realistic. Hopefully you can get into the embassy and hopefully they look at your paperwork and say it is ok, but worst case scenario they send it back to USCIS - be prepared for that. Research your congressman as they will be the best to help you if it gets sent back. 

 

Please keep us updated as to what happens!