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 fiancé 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 fiancé 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


Asked on 6/14/08, 9:30 am

3 Answers from Attorneys
Rod Johnson Law Offices RL Johnson

Re: Domestic violence

First, you are petitioning on behalf of your fiancé. As such, the bulk of the questions are about your fiancé. 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 fiancé’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 fiancé must always be truthful with the Service, it’s a good rule of thumb not to volunteer answers to unasked questions. Best of luck.

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Answered on 6/14/08, 11:37 pm
Michael Cho Law Offices of Michael Cho

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

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Answered on 6/14/08, 9:39 am
Caridad Cardinale Pastor & Associates, P.C.

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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Answered on 6/14/08, 10:37 am


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