wyvernrider

I wanted to add this as information I have found regarding the mental health diversion, specific to California, if it should help anyone else wondering: https://www.ilrc.org/sites/default/files/resources/definition_conviction_april_2019.pdf

Thank you. It wasn't clear that you meant to include VAWA under that context as VAWA does not involve charges being pressed, and the spouse did not do so.

Thank you for your answer. Do you have any knowledge about any possible complications from a previous sponsored spousal visa potentially resulting in the immigrant having pursued a VAWA? Obviously, I'm not even certain if this was actually pursued.

Yes, they would be able to see the record, but it would not be counted as a conviction. The link you posted yourself supports what I am saying. This specific type of diversion does not involve any plea of guilt or anything related. https://www.uscis.gov/policy-manual/volume-12-part-f-chapter-2 "If the accused is directed to attend a pre-trial diversion or intervention program, where no admission or finding of guilt is required, the order may not count as a conviction for immigration purposes.[10]" I am fully aware of the importance of the partnership and communication in a relationship. That will not be an issue. The focus of this thread is regarding the legal process itself of obtaining the Visa in this situation.

As I just mentioned, I would inform them when the time is best in an appropriate manner. Please understand this is a very touchy subject as it was a first break of psychosis for a severe mental health condition I had no knowledge of prior. I am stably treated now to prevent it ever happening again.

Thank you for the advice. From what I have read, the nature of my charges being dismissed under mental health diversion without conviction or anything that could be possibly considered a conviction given no plea or such would not raise much concern with USCIS. I want to be as cautious as possible though, so I will be sure to do this just in case.

I believe so from what I just read.

I am a US citizen living in California. I have a history of sponsoring a spousal CR1 Visa. Marriage in 2016, divorce finalized early 2023. In 2021, due a history of bipolar disorder I had a severe psychotic break that led to criminal charges (nothing involving a minor of course). There was no conviction history for these charges as they went through a mental health pretrial diversion with records sealed and expunged. There was no plea or anything. This situation led to spouse filing for divorce and likely a VAWA. I'm currently in a good relationship with someone else. We would likely be getting married next year. Would there be any estimated significant issues to sponsor someone again with this history? I plan on consulting with an immigration lawyer when the time comes to file the initial packet of course, but this has me a bit stressed thinking of complications.