k1 I had case of Simple Assault. It will be resolved; can I then file I-129F? [edited title]

[Hamina 0]

I have an question also I don't know how to ask , Im new here .

I am a US Citizen ..

2 years ago i divorce after divorce i go to ex husband's place to see my child .

I'm outside the house he called police and i arrest two times he put case on me of

 " Simple Assault" 

but now last month ago I engage..

and before filled petition i want to remove charge.

 

my ex husband also agree he says Infront of judge that i want to withdraw my case .

judge say that like to me you have pay pay fine. 

i said ok.

 

now after clear can I filled i-129f petition to bring my future husband into US.

Edited May 1, 2022 by TBoneTX
thread title edited for more clarity

[TBoneTX 45,273]

Thread is moved to the K-1 Process forum.

[Rocio0010 5,579]

You can, but you have to disclose your record. As per I-129f instructions:

 

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.

[Rocio0010 5,579]

After re- reading the instructions, it seems to me that it all depends on if it was categorized as “domestic violence” (at least the part that I’m reading with regards to “specific crimes”). However, my understanding is that you have to disclose this charge regardless of the instructions

[Hamina 0]

11 hours ago, Hamina said:

I have an question also I don't know how to ask , Im new here .

I am a US Citizen ..

2 years ago i divorce after divorce i go to ex husband's place to see my child .

I'm outside the house he called police and i arrest two times he put case on me of

 " Simple Assault" 

but now last month ago I engage..

and before filled petition i want to remove charge.

 

my ex husband also agree he says Infront of judge that i want to withdraw my case .

judge say that like to me you have pay pay fine. 

i said ok.

 

now after clear can I filled i-129f petition to bring my future husband into US.

 

[Family 3,988]

You posted that you were arrested twice, but seems only one resulted in charges being filed. The arrest records more than likely were marked as domestic violence ( look at your police reports at the top left of the first page and you will see some codes / words)..but even if they were not it will be “looked “ at as such since it involved ex and children. You would need to provide the arrest records, extensive court records  w charging documents, any plea agreements, not just sentencing mintutes and of course some argument that you do not pose a danger to your fiancé…may have some delays at USCIS and still end up with the uncertainty of Consular discretion.

 

All things considered, if your fiancé is a keeper and you don’t need the personal safety net of the 90 “ trial run” relationship test, then it is more practical  to just marry the fellow and file an I-130 Spousal , because once bonafides are in place , you are no longer at the mercy of “ discretion  of Consulate “:

 

What country is your fiancé in?
 

[Hamina 0]

2 hours ago, Family said:

You posted that you were arrested twice, but seems only one resulted in charges being filed. The arrest records more than likely were marked as domestic violence ( look at your police reports at the top left of the first page and you will see some codes / words)..but even if they were not it will be “looked “ at as such since it involved ex and children. You would need to provide the arrest records, extensive court records  w charging documents, any plea agreements, not just sentencing mintutes and of course some argument that you do not pose a danger to your fiancé…may have some delays at USCIS and still end up with the uncertainty of Consular discretion.

 

All things considered, if your fiancé is a keeper and you don’t need the personal safety net of the 90 “ trial run” relationship test, then it is more practical  to just marry the fellow and file an I-130 Spousal , because once bonafides are in place , you are no longer at the mercy of “ discretion  of Consulate “:

 

What country is your fiancé in?
 

Pakistan

 

[Hamina 0]

1 minute ago, Hamina said:

Pakistan

 

But again travel isn't possible...

please please help me out with k1.

my ex already told infront of judge that he wants to dropped case .

when i clear from court then I filled k1 petition?

[JeanneAdil 6,498]

1 hour ago, Hamina said:

But again travel isn't possible...

please please help me out with k1.

my ex already told in front of judge that he wants to dropped case .

when i clear from court then I filled k1 petition?

u can file when u have the court disposition of your case if  have met him in person in the last 2 years

Edited May 1, 2022 by JeanneAdil

[Hamina 0]

Just now, JeanneAdil said:

u can file when u have the court disposition of your case

then after no need to worry

[JeanneAdil 6,498]

3 minutes ago, Hamina said:

then after no need to worry

that i did not say

the process itself never is guaranteed  for anyone 

and a man from Pakistan will undergo extra security checks at some point