I have been arrested for Dating Violence

[JFH 12,191]

1 hour ago, Rob Beri said:

In your instance, what effect did your husbands arrest have on the application?

None at all. But it was a spouse visa and his conviction was for theft in the early 1990s, not dating violence last year. We are comparing apples and oranges. 

[Rob Beri 68]

9 minutes ago, JFH said:

Likely your process will be slower as the petition may be sent to Vermont for additional research into your past.

 

How fast would it be for you to move to her country, whichever one that may be? If speed is your major concern, then it’s worth looking at all options. 

I thought all I-129F applications are currently going to the California Service Center. Why would my case be forwarded to one and then redirected to another one? What is the point? What is the difference between the California Service Center and the Vermont Service Center? 

Edited November 24, 2019 by Rob Beri

[Rob Beri 68]

4 minutes ago, JFH said:

None at all. But it was a spouse visa and his conviction was for theft in the early 1990s, not dating violence last year. We are comparing apples and oranges. 

Right, but again I was never convicted. I was only arrested and my case was ultimately dismissed. Nowadays, you can get arrested for pretty much anything. 

[JFH 12,191]

10 minutes ago, Rob Beri said:

I thought all I-129F applications are currently going to the California Service Center. Why would my case be forwarded to one and then redirected to another one? What is the point? What is the difference between the California Service Center and the Vermont Service Center? 

All petitions are initially sent up California. Assuming all is straightforward they are processed in California. Those where the petitioner has a criminal record or require further FBI investigation are sent to Vermont where a dedicated team handles such cases. 

[Rob Beri 68]

1 minute ago, JFH said:

All petitions are initially sent up California. Assuming all is straightforward they are processed in California. Those where the petitioner has a criminal record or require further FBI investigation are sent to Vermont where a dedicated team handles such cases. 

And you know that how? 

[JFH 12,191]

9 minutes ago, Rob Beri said:

Right, but again I was never convicted. I was only arrested and my case was ultimately dismissed. Nowadays, you can get arrested for pretty much anything. 

It’s still on file. And it doesn’t mean you didn’t do it. The ACD just means it’s been archived. It’s not the same as being found not guilty. Obviously something happened for it to get to that stage. It’s done. You both have to live with it. You can’t change it. 

 

[Rob Beri 68]

Just now, JFH said:

It’s still on file. And it doesn’t mean you didn’t do it. The ACD just means it’s been archived. It’s not the same as being found not guilty. Obviously something happened for it to get to that stage. It’s done. You both have to live with it. You can’t change it. 

 

Right, neither was I found guilty, or not guilty it was dismissed. 

[JFH 12,191]

20 minutes ago, Rob Beri said:

And you know that how? 

Know what? That all petitions go to California? That ones with criminal activity in the past ho to Vermont? If it’s the latter, it comes from years of research into the process. Before filing we spent a LONG time researching all of our options and the various stages of each path. We weighed up the K-1 vs the CR-1 vs my husband moving to the UK (my home country). We starting investigating our options in 2012. We filed for the CR-1 in 2016 after a denial for a UK visa for my husband. It’s a marathon, not a sprint. 

Edited November 24, 2019 by JFH

[Rob Beri 68]

1 minute ago, JFH said:

Know what? That all petitions go to California? That ones with criminal activity in the past ho to Vermont? If it’s the latter, it comes from years of research into the process. Before filing we spent a LONG time researching all of our options and the various stages of each path. We weighed up the K-1 vs the CR-1 vs my husband moving to the UK (my home country). We starting investigating our options in 2012. We filed for the CR-1 in 2016 after a denial for a UK visa for my husband. It’s a marathon, not a sprint. 

Right, it is done based on your research and things keep constantly changing. So I assume the service center in California has the same capabilities as the service center in Vermont and vice-versa. 

[JFH 12,191]

6 minutes ago, Rob Beri said:

Right, it is done based on your research and things keep constantly changing. So I assume the service center in California has the same capabilities as the service center in Vermont and vice-versa. 

Nope. Such cases are still transferred to Vermont. We regularly see people posting here that their cases are being transferred to Vermont. 

[Pitaya 2,577]

2 minutes ago, JFH said:

Know what? That all petitions go to California? That ones with criminal activity in the past ho to Vermont? If it’s the latter, it comes from years of research into the process. Before filing we spent a LONG time researching all of our options and the various stages of each path. We weighed up the K-1 vs the CR-1 vs my husband moving to the UK (my home country). We starting investigating our options in 2012. We filed for the CR-1 in 2016 after a denial for a UK visa for my husband. It’s a marathon, not a sprint. 

Additionally, like several of us, JFH, have been involved with the VJ forums for a number of years acquiring knowledge about the immigration process, helping people, and seeing the myriad of changes by USCIS/DOS/CBP/ICE/etc. and a whole bunch of other federal agency acronyms that have occurred over the years. JFH is quite correct in describing this entire process as a marathon, not a sprint, you have to pace yourself.

 

 

[jaysaldi 213]

The worst thing you can do here is not disclose it in the hope they won't find it because it's "sealed"

 

Law enforcement agencies have access to your full rap sheet, whether the charges were dismissed or sealed.  If they think you are lying or trying to conceal something, your petition could be in serious jeopardy.

 

You need to disclose this and show remorse or have an argument why you were actually innocent of the charges.

 

You should consider getting a copy of the arrest report and assume that USCIS will have that. The arrest report should contain a narrative from the police officer describing what happened and why you were arrested. Give that to your fiancee so she can say she is familiar with the documented allegations against you and not just your description of what happened.

 

I'm not sure why you call your arrest for domestic violence an "accident" but you may need to have a better explanation than that.

Edited November 24, 2019 by jaysaldi

[debbiedoo 2,339]

9 minutes ago, jaysaldi said:

 

You need to disclose this and show remorse or have an argument why you were actually innocent of the charges.

 

 

 

ding ding ding. I am certain that my case was NOT sent to VT because I sent a letter with my criminal record with ... not an explanation, but my viewpoint of things and expressing how I wish i could have changed what I had done back then (and it wasnt even a serious or physical crime). I am quite certain that letter helped and why it may not have been transferred to VT and cause a delay.

 

So many on here, have been on here for years. learning and researching. myself included. The majority of petitioners with a criminal record ARE SENT TO VT. This is a fact. It is to help california get through the 'normal' cases quicker, and delegate 'special ones' to another office with the time and resources to spend researching the person.

[Ann Pollick 0]

No, it.wont denied due to your arrest, first you should not dinie that in the form and then your fiancee need to know your case coz consul will be ask that for sure during interview like me. and then you should get and court clearance  too base on my experience im.on k1 visa my husband has arrest record before that's we do all is okay dont worry. God bless.

[Dale. 264]

Always disclose.  As others have said, sealed expunged or 100 years old it doesnt matter.  There is a strong chance it will be transferred to vermont for deeper further checks I can speak from experience on that.  But you may get lucky

 

There is always a chance for visa denial at any stage, regardless of criminal record or not.  Just be honest and cross your fingers.

 

Good luck