Legal Question in Immigration Law in Michigan
Domestic violence
Hello,���� I intend to go to the Philippines to meet a women ( Fe ) that I have been corresponding with. As part of the requirements for a fianc� visa k1 I have to physically go there to see her. While reading some of the requirements I noticed that it mentioned domestic violence.����� When I was going through a divorce a couple years ago I was charged with a attempted domestic violence charge. My wife at the time was trying to get me out of the home, which worked. However will those charges keep me from acquiring a fianc� visa? On the forms are they asking for my criminal record or the women ( Fe ) record? Should I even bring it up because the charge was attempted, even though I did have to plea guilty to that charge to avoid a 90 day jail sentence for violating a no contact order?Thank You Michael
3 Answers from Attorneys
Re: Domestic violence
First, you are petitioning on behalf of your fianc�. As such, the bulk of the questions are about your fianc�. Visa processing for K-1 status requires more detailed documentation than does visa processing for most other nonimmigrant statuses. Indeed, it�s more like immigrant visa processing and requires medical and police certificates from the fianc�s current place of residence and from any place she has reside for six (6) months or more since age 16.
Second, while you and your fianc� must always be truthful with the Service, it�s a good rule of thumb not to volunteer answers to unasked questions. Best of luck.
Re: Domestic violence
Assuming this is your first K-1 fiancee visa petition, you'll need to submit all certified police and court records showing the disposition of the case.
You may find additional information here:
http://www.msclaw.com/imbra-guidance.html
Re: Domestic violence
They are looking for the women's criminal record not yours. The attempted domestic violence charge should not affect any petition you file on behalf of the woman.
If you need more specific info, please contact us. Caridad
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