Domestic violence conviction and dismisal

[Rail 0]

Hi, I am new here and I want to thank everyone for all the great help and valuable info. I was convicted 5 years ago of domestic violence and I appealed it and it was dismissed. My question is, will I need to send a waiver with the conviction and where it was dismissed when I file the Fiance petition? Thanks for any help

Edited September 23, 2007 by Rail

[niceguy26 0]

yes, because you were "convicted". I wouldn't take any chances. You should be fine as long as your fiancee knows all about it

[Rail 0]

yes, because you were "convicted". I wouldn't take any chances. You should be fine as long as your fiancee knows all about it

Thanks, your right it's best to do it right the first time. I did tell her about this and every other thing that has been in my past life. I had rather be the first to tell her than someone else. Thanks again

[Angie Y Shane 2]

You will be fine as long as she knows. they may try scaring her away in the interview maybe. Juts make sure she knows the storey. they may even present her at the interview with the court documents. I have heard of this happening. I to have a prior conviction from 11 years ago. My attorney said they may only try scaring the spouse away with this. But that is if my wife had no knowledge of my conviction. Do not worry. You may have to do a wavier at most. NO WORRIES...

[archie07 0]

Hi, I am new here and I want to thank everyone for all the great help and valuable info. I was convicted 5 years ago of domestic violence and I appealed it and it was dismissed. My question is, will I need to send a waiver with the conviction and where it was dismissed when I file the Fiance petition? Thanks for any help

In other words, you were originally convicted, the case was appealled, you were found not guilty?

[pushbrk 13,173]

Hi, I am new here and I want to thank everyone for all the great help and valuable info. I was convicted 5 years ago of domestic violence and I appealed it and it was dismissed. My question is, will I need to send a waiver with the conviction and where it was dismissed when I file the Fiance petition? Thanks for any help

In other words, you were originally convicted, the case was appealled, you were found not guilty?

I'd get a legal opinion on this but it has always been my understanding that when you win an appeal of a conviction, the conviction is vacated, meaning its the same as not being convicted.

[Rail 0]

Hi, I am new here and I want to thank everyone for all the great help and valuable info. I was convicted 5 years ago of domestic violence and I appealed it and it was dismissed. My question is, will I need to send a waiver with the conviction and where it was dismissed when I file the Fiance petition? Thanks for any help

In other words, you were originally convicted, the case was appealled, you were found not guilty?

I was found guilty and when I appealed, the victim chose not to prosecute and it was dismissed.

[Rail 0]

Hi, I am new here and I want to thank everyone for all the great help and valuable info. I was convicted 5 years ago of domestic violence and I appealed it and it was dismissed. My question is, will I need to send a waiver with the conviction and where it was dismissed when I file the Fiance petition? Thanks for any help

In other words, you were originally convicted, the case was appealled, you were found not guilty?

I'd get a legal opinion on this but it has always been my understanding that when you win an appeal of a conviction, the conviction is vacated, meaning its the same as not being convicted.

I think you are right and it hasn't affected me in anything up till now. I have worked security jobs with a gun and a permit to carry.

[niceguy26 0]

Someone correct me if I am wrong, but I dont think there is a waiver needed for criminal convictions listed under IMBRA if it is your 1st petition. If you read it carefully, the criminal convictions only come into play if you have filed multiple petitions.

[archie07 0]

Hi, I am new here and I want to thank everyone for all the great help and valuable info. I was convicted 5 years ago of domestic violence and I appealed it and it was dismissed. My question is, will I need to send a waiver with the conviction and where it was dismissed when I file the Fiance petition? Thanks for any help

In other words, you were originally convicted, the case was appealled, you were found not guilty?

I was found guilty and when I appealed, the victim chose not to prosecute and it was dismissed.

Your conviction should have been vacated also, as someone else stated. I would get legal advice or check with the clerk of the circuit court . The victim choose not to prosecute on an appealed case leaving the original conviction null. This should all be disclosed in your case records in the clerks office. You may be able to access them online.

[jrmach1 0]

hi I think it would be the best thing to do if you show your ex D..V.O because if they ask for it before you volunteary do it they may think you have a reason to hide it or something and by the way for how long they issued when they did ?.

Good Luck with everything .

[Rob & Jin 0]

yes, because you were "convicted". I wouldn't take any chances. You should be fine as long as your fiancee knows all about it

Thanks, your right it's best to do it right the first time. I did tell her about this and every other thing that has been in my past life. I had rather be the first to tell her than someone else. Thanks again

Any other felony convictions in the past, not overturned ? did you answer the questions honestly on I -129f ? did you answer yes and attach a sheet explaining it was overturned ? I'm not a lawyer, but if you lie on these forms you will be denied and could even face prosecution. Best to be totally honest I think, but thats just my opinion.

[Rail 0]

yes, because you were "convicted". I wouldn't take any chances. You should be fine as long as your fiancee knows all about it

Thanks, your right it's best to do it right the first time. I did tell her about this and every other thing that has been in my past life. I had rather be the first to tell her than someone else. Thanks again

Any other felony convictions in the past, not overturned ? did you answer the questions honestly on I -129f ? did you answer yes and attach a sheet explaining it was overturned ? I'm not a lawyer, but if you lie on these forms you will be denied and could even face prosecution. Best to be totally honest I think, but thats just my opinion.

I don't think it was a felony and I don't have anything else on my record. The papers sat DMV 3rd degree harassment. Thanks, I will give them everything so I have no problems in the future.

yes, because you were "convicted". I wouldn't take any chances. You should be fine as long as your fiancee knows all about it

Thanks, your right it's best to do it right the first time. I did tell her about this and every other thing that has been in my past life. I had rather be the first to tell her than someone else. Thanks again

Any other felony convictions in the past, not overturned ? did you answer the questions honestly on I -129f ? did you answer yes and attach a sheet explaining it was overturned ? I'm not a lawyer, but if you lie on these forms you will be denied and could even face prosecution. Best to be totally honest I think, but thats just my opinion.

I don't think it was a felony and I don't have anything else on my record. The papers say DMV 3rd degree harassment. Thanks, I will give them everything so I have no problems in the future.

[pushbrk 13,173]

Someone correct me if I am wrong, but I dont think there is a waiver needed for criminal convictions listed under IMBRA if it is your 1st petition. If you read it carefully, the criminal convictions only come into play if you have filed multiple petitions.

You are actually wrong. Criminal convictions are disclosed and records provided regardless of the number of petitions filed. Waivers have nothing to do with criminal convictions. You need a waiver if you are filing your second K1 petition within two years. The law actually reads "more than two" but USCIS is requiring the waiver from people filing their second petition.

[pushbrk 13,173]

I don't think it was a felony and I don't have anything else on my record. The papers sat DMV 3rd degree harassment. Thanks, I will give them everything so I have no problems in the future.

Catch 22. If you answer yes, you must provide the court records to go with the yes. You better make sure the records are available to back up any answer. If you are even contemplating answering yes to any of the criminal record questions, you might as well obtain the records because you must send them when you file.

I reaffirm my original suggestion. Get a legal opinion on how to answer the question about whether you were "convicted", then answer and act accordingly.