K1 Petitioner w/ Criminal Record

[ponchomo 1]

Hi guys

 

I am (naturalized citizen, male in US) working on my K1 process for my finance. I was arrested in 2018 with one count of assault w/ domestic violence tag. I stayed one night in jail and was released with a no-contact order to the victim (my ex-gf at the time). The charge was changed to one count of disorderly conduct, I was subsequently sentenced to a 6-month deferral sentence and ultimately the charge was dismissed after the period.

 

I don't know if, as a petitioner, this record would affect my visa process. Below are the questions related to criminal record on I-129 and I was hoping you could help me clarify my confusion:

 

Have you EVER been arrested or convicted of any of the following crimes:

2a) Domestic violence, sexual assault, child abuse, child neglect, dating violence, elder abuse, stalking or an attempt to commit any of these crimes?

 

I will answer "YES" to question 2a and I will submit any certified/official court document to support this (are the certified copies the papers you got after each court proceedings OR they must be requested separately?)

 

THEN later in I-129 there's ANOTHER question that reads:

4a) Have you ever been arrested, cited, charged, indicted, convicted, fined, or imprisoned for breaking or violating any law ordinance in any country, excluding traffic violations.

 

I am wondering if I need to answer YES again to this question because this is a more general question that I would otherwise answer YES to, HOWEVER, the I-129 Instruction files has:

 

Indicate whether you have ever been arrested, cited, charged, indicted,convicted, fined, or imprisoned for breaking or violating any law or ordinance in any country, for any offenses other than those you have already outlined in the previous section.

 

Do I then answer NO to question 4a since the instruction says crime other than those I already outlined in previous section?

 

I am wondering if people who have similar experience can share what they did in the past and their experience surrounding this disclosure of past crimes. I am particularly worried since the crime I was arrested for, not convicted of, is listed in a separate item as one of the more serious crimes. I am afraid having this record would result a denial for the application.

 

Thanks for reading and much appreciated for your help/comment/suggestion

 

Edited May 9, 2020 by ponchomo

[Nitas_man 3,100]

Yes to the first one and once you have declared it if there is nothing else then the second one is no