dismissed complaint for spousal battery

[steve22222222]

I am waiting for my interview currently. I was contemplating whether I will have problems because of what happened 2 years ago:
we had argument with my wife and she called the Police which filed a report for alleged spousal battery. There was nothing like this, but we still had to go to the City Attorney office, where I and my wife spoke with someone, my wife withdrew the allegations and the case was dismissed with no charges pressed. I was told that this will stay active for 1 year in case something happens again. I am wondering: would this be in the FBI report to INS and would I be questioned about this? Also right now my wife and our baby don't live with me (nothing to do with the argument, we straightened out all problems but my wife doesn't have green card so I am waiting for my citizenship to get her here again), do I need to bring additional documents showing support?

 

[zzerous]

I am waiting for my interview currently. I was contemplating whether I will have problems because of what happened 2 years ago:
we had argument with my wife and she called the Police which filed a report for alleged spousal battery. There was nothing like this, but we still had to go to the City Attorney office, where I and my wife spoke with someone, my wife withdrew the allegations and the case was dismissed with no charges pressed. I was told that this will stay active for 1 year in case something happens again. I am wondering: would this be in the FBI report to INS and would I be questioned about this?

a-Have they arrested you and took your finger prints? if yes then it will show. and you are supposed to report that arrest on the N400.


b- did you recieve the interview letter? they usually ask you for docs to bring and if this incident showed up as an arrest they most likely will ask you for specific docs to bring. My advice to yoy is to takke with you a certifed copy of the arrest and the dismissal to the interview.

Also right now my wife and our baby don't live with me (nothing to do with the argument, we straightened out all problems but my wife doesn't have green card so I am waiting for my citizenship to get her here again), do I need to bring additional documents showing support?

does your wife live outside the USA? did you list her and your child on the N400? which address did you put down for them?

 

[steve22222222]

No, there was not arrest. I wasn't home at the time they came, they just filed a report. That went to City Attorney office and I and my wife were asked to come there to explain couple of months later. So if there is no arrest it wouldn't show on FBI report? Can I get a copy of my report to make sure one month after fingerprints?
My wife lives outside the US with our baby and I listed her foreign address in my N-400. I also attached a copy of wire transfer I did to her to show support. But I am not sure if it is enough - it was for $4000 which is an yearly income of a household over there (completely different living standard), but INS officer might feel it is not enough.

a-Have they arrested you and took your finger prints? if yes then it will show. and you are supposed to report that arrest on the N400.


b- did you recieve the interview letter? they usually ask you for docs to bring and if this incident showed up as an arrest they most likely will ask you for specific docs to bring. My advice to yoy is to takke with you a certifed copy of the arrest and the dismissal to the interview.



does your wife live outside the USA? did you list her and your child on the N400? which address did you put down for them?

 

[AlexanderG]

The charge has been dismissed as you say - so bottom line is this incident cannot be held against you as for as denial of the petition for this matter is concerned.

You have to be CLEAR about if you have been arrested, cited or detained by a law enforcement officer - I am not sure where your situation falls legally though. Sounds to me like the report did not result in any of those. It may be worth it to discuss the private details with an immigration attorney. You want to be sure that you do not withhold information that the USCIS is asking for.

If in doubt I would make sure to provide the information verbally and in a written statement to the adjudication officer. If you create the impression that you tried to hide something that was requested you would be on a pretty slippery slope.

Alex

No, there was not arrest. I wasn't home at the time they came, they just filed a report. That went to City Attorney office and I and my wife were asked to come there to explain couple of months later. So if there is no arrest it wouldn't show on FBI report? Can I get a copy of my report to make sure one month after fingerprints?
My wife lives outside the US with our baby and I listed her foreign address in my N-400. I also attached a copy of wire transfer I did to her to show support. But I am not sure if it is enough - it was for $4000 which is an yearly income of a household over there (completely different living standard), but INS officer might feel it is not enough.

 

[zzerous]

No, there was not arrest. I wasn't home at the time they came, they just filed a report. That went to City Attorney office and I and my wife were asked to come there to explain couple of months later. So if there is no arrest it wouldn't show on FBI report? Can I get a copy of my report to make sure one month after fingerprints?
My wife lives outside the US with our baby and I listed her foreign address in my N-400. I also attached a copy of wire transfer I did to her to show support. But I am not sure if it is enough - it was for $4000 which is an yearly income of a household over there (completely different living standard), but INS officer might feel it is not enough.

I agree with Alex, the bottom line this case will not deny your citizenship. And if there was not arrest and no fingerprinitng then I highly doubt it will show up. However, you said that you went to City Attorney Office etc..was there a case in the court of the City Attorney decided not to press charges? Do you have a proof of the dismissal?

I recommend that you talk to a lawyer and prepare a statment to describe the case so you can give it the officers if they ask you about the case. Clearly you were not arrested but not exaclty sure how your situation can be looked at from CIS point of view.

I am not sure why you are worried about showing support money to you wife and child. You are still married not divorced. They might ask you for her( and kid) birth certificat and will ask for your marrige certificat. that is all they did with me. If you were divorced and ordered to pay child support of allimony if becomes a different story.

 

[steve22222222]

The city attorney decided not to press charges. But I don't have any document - we just talked and she said that no charges will be pressed.
I am applying on the basis of having 5 years green card, which I won from the lottery. Would they still ask for marriage certificate? I have it in my original language only, I don't have it in English. Also I don't have my wife's birth certificate. Are these really needed?

I agree with Alex, the bottom line this case will not deny your citizenship. And if there was not arrest and no fingerprinitng then I highly doubt it will show up. However, you said that you went to City Attorney Office etc..was there a case in the court of the City Attorney decided not to press charges? Do you have a proof of the dismissal?

I recommend that you talk to a lawyer and prepare a statment to describe the case so you can give it the officers if they ask you about the case. Clearly you were not arrested but not exaclty sure how your situation can be looked at from CIS point of view.

I am not sure why you are worried about showing support money to you wife and child. You are still married not divorced. They might ask you for her( and kid) birth certificat and will ask for your marrige certificat. that is all they did with me. If you were divorced and ordered to pay child support of allimony if becomes a different story.

 

[AlexanderG]

The city attorney decided not to press charges. But I don't have any document - we just talked and she said that no charges will be pressed.
I am applying on the basis of having 5 years green card, which I won from the lottery. Would they still ask for marriage certificate? I have it in my original language only, I don't have it in English. Also I don't have my wife's birth certificate. Are these really needed?

Marriage Certificate : unlikely since you are not petitioning based on being married to a US-citizen for three years.

Documentation of the dismissed charges: Make an effort to contact the respective offices and keep record of when and what you did and what the result was. Just in case this would come up you can show that you tried to provide proof of the outcome of that situation. If you explain the clerks/city attorney, that you are applying for citizenship and that you need some written documentation, there is a good chance that you will get a form of statement that can back you up.

Again, as long as you stick to the truth, you are safe - even if in the worst case you would encounter some short delay.

Alex

 

[zzerous]

The city attorney decided not to press charges. But I don't have any document - we just talked and she said that no charges will be pressed.
I am applying on the basis of having 5 years green card, which I won from the lottery. Would they still ask for marriage certificate? I have it in my original language only, I don't have it in English. Also I don't have my wife's birth certificate. Are these really needed?

Steve...you look good with respect to the incidint...no charges, no arrests, no fingerprints etc I would not worry too much about. And I want to bet money it wont come up in your case.

When I went for the interview they asked me for my marriage certf ( I also applied based on 5 yrs)... check this thread out ...

http://boards.immigrationportal.com/showthread.php?t=197782

 

[AlexanderG]

Steve...you look good with respect to the incidint...no charges, no arrests, no fingerprints etc I would not worry too much about. And I want to bet money it wont come up in your case.

When I went for the interview they asked me for my marriage certf ( I also applied based on 5 yrs)... check this thread out ...

http://boards.immigrationportal.com/showthread.php?t=197782

Steve, you could get a certified translation of your marriage certificate if you decide/prefer to bring it with you. That would be an small expense but at some point when you and your family will live in the United States together you will need a translation anyway. So the money would not be totally wasted.

Alex

 

[steve22222222]

yeah, but I am not sure where I can get a translation from Bulgarian here in Los Angeles. I'll probably need to go back to Bulgaria to get it. Do you think this would really be an issue just to bring my original Bulgarian marriage certificate?

Steve, you could get a certified translation of your marriage certificate if you decide/prefer to bring it with you. That would be an small expense but at some point when you and your family will live in the United States together you will need a translation anyway. So the money would not be totally wasted.

Alex

 

[zzerous]

yeah, but I am not sure where I can get a translation from Bulgarian here in Los Angeles. I'll probably need to go back to Bulgaria to get it. Do you think this would really be an issue just to bring my original Bulgarian marriage certificate?

Cannot you try and ask you wife to get you a certified English copy from Bulgaria? or call your Embassy in the USA and ask them for help.

Once I was at the DO with an info pass...a guy came (Eastern Europe) with a birth certificate and the one of the officers asked him to translate it, he told her that he could not find a translator then she suggested that he can do it him self.... now I am not sure if that is really possible or acceptable but that is the conversation that I heard...you can try if you have not other choice.