judithjosie

dear all,

my fiance and i are preparing our I 129 F package but we are having some trouble with part C on the I 129 F, petition for alien fiancé(e). my fiance (the u.s citizen) was once convicted for a minor, non violent incident that resulted in a domestic disorderly conduct, which was amdended down to an ordinance. however, when we look up the court case online, the case is still mentioned as criminal.

the instructions of the I 129 F state that 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".

personally, i do not think we need to add it as it is amended down to an ordinance, but we still worry about it. we already called several institutions and also USCIS itself, who is not able to give legal advice on this.

do you think we need to add this case to the part C section on I 129 F? please help! we would really appreciate your answer

Noorah101

USCIS does not give legal advice. You'll need to get a professional legal opinion from a reputable immigration attorney. A consultation shouldn't cost more than $100 to $200.

If you don't want to consult an attorney, then go ahead and declare it, provide all the police/court information, write a detailed description of the event as an attachment to the I-129F, and let the USCIS adjudicator be the one to say "no, you're fine".

Don't hide it.

Rene

judithjosie

thanks for your reply. so we need to fill in yes when they ask "have you ever been convicted by a court of law (civil or criminal) or court martialed by a military tribunal for any of the
following crimes: Domestic violence, sexual assault, child abuse and neglect, dating violence, elder abuse or stalking."?

because i do not think it is considered domestic violence, as the domestic violence definition described in the instructions is a misdemeanor or felony. what my fiance had used to be a domestic disorderly conduct (disorderly conduct) but is amended down to an ordinance.

if we do add it, do we need an official statement saying it is an ordinance or can we just explain the case?

Rete

Please consult with an immigration attorney if you are unsure what to do.

Rete

Your fiancee with the conviction is a USC, his criminal records has no bearing on your petition. If he has paperwork that proves it was not a domestic violence charge then he will be fine. The question is there in response to the Adam Walsh Act. If here were convicted of any sexual abuse or domestic violence crimes, the US government must make you aware of these charges and convictions in an effort to "protect" you from harm.

Rete

also note that they will do a name check on your fiancee through all the security and criminal databases available to the US. If his name pops up, it is best he is upfront NOW.

ian-mstm

You are making a classic beginner's mistake. You don't get to interpret the intent behind the wording - that privilege is reserved for the immigration officer. All you get to do is disclose the incident, provide supporting documentation for the incident, and then leave it up to the adjudicating officer.

Ian

Rete

Ian

The fiancee in question is a US Citizen. It will not be brought up at the interview. His criminal history is irrelevant with exception to crimes covered under the Adam Walsh Act.

Even if he were a bono fide child abuser, she would get the visa if everything else checks out. The only extra thing to occur is that the USCIS will advise her of his criminal background.

meauxna

And even if it IS a DV charge, there is a wavier available. We haven't had much discussion about the AWA and IMBRA (the other Act that covers the new I-129f questions) but you might check at visajourney for an attorney who is qualified to interpret it (I wouldn't count on any old immigration attorney being familiar with the specifics of this question). They may need to investigate the laws of the state where it occurred so be prepared to pay for that service.

I agree with Ian that this is not up to you to determine; it's up to the CIS officers.

judithjosie

i just talked to a police officer familiar with wisconsin's laws who actually said i should not have to include this case, as my fiance was never charged with anything and it was not a criminal offense and results only in a money penalty for this offense.

traceym

With respect asking a Police Officer an Immigration question is like asking a plumber to fix your electric. (Just my opinion based on UK Law.)

meauxna

I don't get this, someone else tried said it in another thread.

If you're not charged with anything, why would there be a fine?
Fine = admission of guilt

judithjosie

thank you all for replying and helping out. i was wondering about one more thing; unfortunately, my fiance also had 3 underage drinking tickets in the past. part C also mentions "Three or more convictions for crimes relating to a controlled substance or alcohol not arising from a single act."

do we also add the case details of the underage drinking tickets?

and does anybody know if this slows down the process for us?

and concerning the domestic disorderly conduct, is a waiver necessary in our case?

again thanks for your help.

Elvira

Seems a real catch...

judithjosie

sorry but i don't think this comment really helps.