Please, Please help us out! Criminal Record - FELONY

[Nicole_Filipina 2]

Please Please help me out! We are really confused about this matter!

I am about to have my interview soon and my fiance (the USC Petitioner) has a criminal record which is felony...

The record was breaking and entering with a deadly weapon and robbery...

It was filed by his ex wife against him but then he wasnt charged Domestic Violence so we didnt click the YES on the I-129f and we didnt submit his criminal records thinking we dont fall under those that are listed in IMBRA category since it's only Breaking & Entering with deadly weapon and Robbery and bothe were not listed there...

And now as we read about domestic violence definition, it says:

The term "domestic violence" includes felony or misdemeanor crimes of violence committed by a current or

former spouse of the victim, by a person with whom the victim shares a child in common, by a person who is

cohabitating with or has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of

the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other

person against an adult or youth victim who is protected from that person's acts under the domestic or family

violence laws of the jurisdiction.

So, our question is.... did his case still fall under Domestic Violence since it is a felony case filed by his ex wife? If so, will we be in trouble by not disclosing it and will we be denied because of it? We are really worried about it. Hope we knew earlier so we could have just sent them his criminal records and disclosed it... i feel so bad about this.

My fiancee is a really good man and he's not even guilty about the charges and he was just set up by his crazy ex wife... he could have fought with it in the court for him not to be convicted but he pleaded guilty and paid the fine just for them to release him from jail and so he can get back to work fast and provide for his kids and his mom. Coz if he stays in the jail for a longer time while the trial is ongoing, then his family might have nothing to eat and cant pay the rent and the bills...

This is really getting us down. Please help us out with your answers...

Edited November 15, 2015 by Nicole_Filipina

[LionessDeon 2,060]

Is the person with this felony charge the petitioner or the beneficiary?

[Nicole_Filipina 2]

Is the person with this felony charge the petitioner or the beneficiary?

He's the Petitioner. The USC.

Edited November 15, 2015 by Nicole_Filipina

[LionessDeon 2,060]

http://www.visajourney.com/examples/Form-I-129F.pdf

Here is an example of the I-129f. Part 3 pertains to the beneficiary. Based on what you stated looks like he answered correctly. You have no timeline completed but if you are at the interview stage then I assume you were approved by USCIS (which is the petitioner part). The interview stage is for the beneficiary.

I highly doubt court records for the petitioner will be needed, especially at your interview. I've never heard of that happening.

[Nicole_Filipina 2]

http://www.visajourney.com/examples/Form-I-129F.pdf

Here is an example of the I-129f. Part 3 pertains to the beneficiary. Based on what you stated looks like he answered correctly. You have no timeline completed but if you are at the interview stage then I assume you were approved by USCIS (which is the petitioner part). The interview stage is for the beneficiary.

I highly doubt court records for the petitioner will be needed, especially at your interview. I've never heard of that happening.

So his case doesnt fall on that Page 3; Part 3c? Even if the case was filed by his ex wife?

Im sorry if im repeating myself... it's just really confusing for us...

Thank you so much for your reply. That makes me feel better. It's really hard going thru all these dillemas.

[LionessDeon 2,060]

It doesn't sound like domestic violence from what u described. I assume if there was a problem or some issue you would not have received NOA2. At this point you should just prepare your paperwork for your interview. Best of luck!

[Nicole_Filipina 2]

Yeah... He wasn't charged with domestic violence. Only those two cases which is a felony...

The definition of Domestic Violence just makes us confused

(The term "domestic violence" includes felony or misdemeanor crimes of violence committed by a current or

former spouse of the victim, by a person with whom the victim shares a child in common)

Thats why we were really worried we might answered it wrong.

Anyway, we can sleep a bit better now with lesser worries. Thank you so much for your help! We really appreciate it. God bless you.

[LionessDeon 2,060]

Your welcome. I truly think the first portion is for the petitioner and once you get NOA2 the interview stage is for the beneficiary. Try to relax and just prepare for your interview. Let me know how it works out for you. Try not to worry!

[Nicole_Filipina 2]

Your welcome. I truly think the first portion is for the petitioner and once you get NOA2 the interview stage is for the beneficiary. Try to relax and just prepare for your interview. Let me know how it works out for you. Try not to worry!

Thanks so much! I will definitely keep you posted and inform you how it goes... visa interview is still a month from now.

Thank you again... May God bless you and all of us on this same journey.

[deleted this acco 44]

so you are not concerned about that fellonious act?

[Nicole_Filipina 2]

so you are not concerned about that fellonious act?

No im not coz I know what happened exactly and I know him better than that. He doesn't even have the deadly weapon that they were trying to say in the case. It was a set up. He's supposed to win the case if he went on trial due to lack and misleading evidences. But then again, he pleaded guilty for him to be out of the jail sooner so he can continue providing for his kids and mom which was depending on him solely that time.

[deleted this acco 44]

I wish u well and hope that u will not be putting yourself in a situation where u sleep with one eye open.

[Nicole_Filipina 2]

I wish u well and hope that u will not be putting yourself in a situation where u sleep with one eye open.

Thank you so much for your concern... I do appreciate that and I understand completely what you mean...

But I'm pretty confident about my relationship with him coz we've been together for quite a long time and basically already lived together but yes, I waited until it's the right time for us to move together and live together and that's why we just processed the K1 just now. We could have gotten married too and filed for Spousal Visa instead... but since my fiance thinks about my own welfare and i on the same hand thinks the same, we both agreed to live together in the US for maximum of 90 days and see if I can stand living there and if I wont be feeling homesick.. coz if not, he will be willing to sacrifice his job and move with me here. Which we hope wont happen coz i also want him to be where his kids are.

Thanks so much for your concern abbynak.

[deleted this acco 44]

ur welcome

[Anh map 2,098]

The CO will have a background check on the petitioner so expect it to be a topic in the interview. The CO will want to make sure that you know about the petitioner's past.