criminal background and I-129F

[dudeguy 0]

I (petitioner) have a criminal background, stemming from being falsely accused of domestic assault- the subsequent Domestic Assault No Contact Order that was imposed by the judge, put me in a difficult position and long story short I (stupidly) pled guilty to 3 seperate DANCO violations (all occurred in 2016.)

They received my papers for the I-129F in August 2022 and then transferred my case to Vermont in January 2023. I was told to do biometrics in February 2023 and so Ive done that and now Im just waiting.

My question is, has anyone here had DANCO violations and got denied for the K1 visa to bring their partner to the U.S.? Or had DANCO violations and let them being their partner here anyways? My girlfriend says theyve let rapists and murderers still bring their partner over which I find hard to believe. I dont know exactly what criteria USCIS uses to determine denial.

[SalishSea 17,747]

32 minutes ago, dudeguy said:

I (petitioner) have a criminal background, stemming from being falsely accused of domestic assault- the subsequent Domestic Assault No Contact Order that was imposed by the judge, put me in a difficult position and long story short I (stupidly) pled guilty to 3 seperate DANCO violations (all occurred in 2016.)

They received my papers for the I-129F in August 2022 and then transferred my case to Vermont in January 2023. I was told to do biometrics in February 2023 and so Ive done that and now Im just waiting.

My question is, has anyone here had DANCO violations and got denied for the K1 visa to bring their partner to the U.S.? Or had DANCO violations and let them being their partner here anyways? My girlfriend says theyve let rapists and murderers still bring their partner over which I find hard to believe. I dont know exactly what criteria USCIS uses to determine denial.

Petitions submitted by people with AWA-related criminal backgrounds take much longer to be adjudicated.  There is no way for anyone on VJ to know whether you will get a denial, anything is possible.  

[dudeguy 0]

Just now, SalishSea said:

Petitions submitted by people with AWA-related criminal backgrounds take much longer to be adjudicated.  There is no way for anyone on VJ to know whether you will get a denial, anything is possible.  

I guess what I want to know is if anyone here has heard anyone getting denied for it, or been denied themselves. or if anyone got approved or heard of someone getting approved.

[SalishSea 17,747]

Just now, dudeguy said:

I guess what I want to know is if anyone here has heard anyone getting denied for it, or been denied themselves. or if anyone got approved or heard of someone getting approved.

In the nearly 8 years I've been reading VJ, I have been both denials and approvals.  You just have to use the search option, or look at the IMBRA/Special Topics lower subforum of K-1 for historical posts.

[powerpuff 6,606]

~~ Topic moved from K1 process to IMBRA sub forum ~~
 

~~ Duplicate thread removed. Please refrain from starting a new thread on same/related topics, in the future if you want a thread moved, hit the report button and it to be moved ~~
 

53 minutes ago, dudeguy said:

My I129F case was transferred to Vermont. I have 3 misdemeanor convictions DANCO violations. The original domestic assault level 5 charge was dropped altogether but still made me attend a class on how to not beat your spouse. all this transpired in 2016. I cant work for Lyft, cant rent from AirBnb, got turned down for jobs and apartments over this.

 

I cant give a 10 page essay on what lead to all this but all Im gonna say is my ex's now-partner messaged me BEGGING me for help a year ago because hes in a situation like mine now. should tell you everything you need to know

 

just seeing if anyones in a similar situation. California received my case in August 2022 and then transferred to Vermont in January 2023. I submitted my biometrics in March 2023. Just wondering what my timeline looks like at this point. I know they go by first come first serve but does that 5 months push back to January 2023 filers instead of August 2022 filers?

 

[evli1966 88]

If you want to know what people with the experiences towards what you are about to go through, I don't recommend referring to them in a derogatory manner. I am not saying you can't be disgusted by such crimes.

 

1. domestic violence falls under the AWA; Adam Walsh Act.

2. Immigration doesn't necessarily distinguish between the crimes that fall under AWA and will approach in the same manner as all cases.

3. Hire an experienced Immigration attorney with successful AWA cases. Your case maybe easier to win based on the actual crime facts and supporting documents to prove you are no danger to you prospective spouse

4. It took us 8 years and over 100k in living expenses and attorney fees (little over $20k)

5. Be honest, patient and I highly recommend waiting on building a family such as children until your spouse is here. But that is a choice you 2 need to make.

 

I wish you the best 

 

PS if immigration falls through I recommend having a backup plan.

 

 

[Cheesehead22 86]

Is it possible to withdraw your application and go the spousal visa route? 

[widude 38]

 A little older, but I wanted to throw this out. I went through the divorce process just over a year ago, long term marriage. My overall experience went rather well, but I was on high alert for the ‘false’ domestic violence ’ charge. Part included me having the digital voice recorder going as needed. I even called 911 when the ex was drunk, pushing me, trying to get me to hit her. 
 

  I don’t know the posters exact experience, but I have heard advice from ‘divorce coaches’. The false DV charge is real, for many.