DV N400


New Member
I am a 10 yr GC holder, arrived in the US 2016 and married my spouse on a K1 visa. In Jan. 2018 we argued, pushed each other around, called the police but then told them that neither of us were going to press charges and the case was closed. A few days later my wife filed a restraining order Ex parte. It wasn't served correctly and the judge ended up serving me. I moved out of the house, informed USCIS after I found an apartment (few days I had to stay in a hotel). The wife and I went to court. She filed a motion to terminate the order, and the judge granted this. I moved back home, informed USCIS about the move, and dissolved my lease with the apartment complex. In Feb. 2019, we filed to remove conditions and eventually I got my 10 yr GC. Feb. 2020, I filed the N400 and I just had my interview. I signed a digital form before the test, passed my test and then the topic turned to the restraining order. I had my court documents with me but the officer said she had everything she needed. I had not uploaded the court documents regarding the restraining order, just the required evidence. I felt it was better to show these in person, but being nervous and her not accepting anything new, I did not have the chance to present these papers. I did not disclose the information with the application as I did not commit a crime. The judge in his order to terminate checked off these three boxes:
1. Terminate the personal protection order dated Jan. 2018
2. Circumstances do not exist that would require a continuation of the term of the order
3. The motion to terminate the protection order is granted. The court clerk shall complete and file the Removal of Entry from Lein (form MC 239) with the law enforcement agency named in the last order.

Regarding the police report: it states that the confrontation between my wife and myself and at the bottom of it says that neither of us wish to pursue charges, case closed. NO ARREST. A couple days later she went to the courthouse and filed for a restraining order ex parte.

When the restraining order was terminated I was not required to attend counseling or anything else so - no diversion; On the termination document, I do not see the words Nolle Prosequi or Nolo Contendere.

I passed my civics/reading/writing test but the officer checked off a decision cannot be made and also checked the box that say we will contact you in writing.

I spoke with a retired immigration attorney and she said that I should try to find the officer's email address (which seems impossible) or send her by FedEX Att: officer _____ and provide her with those documents that she did not accept. She said that either myself or my wife could do this. She suggested that I do not involve our congressman or senator at this point in time.

I really don't know what to think or do; I filed on the 3 year rule and I wasn't trying to hide anything. I had the police report and embossed court document with me.

I read on here, a comment by JohnnyCash, he said that restraining order are civil in nature, not criminal. Mine was in family court, I called the courthouse and they said yes it was a civil matter. USCIS knew about it, which JohnnyCash mentions that normally they do not find this yet they did. It's not that I'm trying to hide anything either, I just want to represent my side of the stroy. I am still married to my wife and we have not called the police, since 2018. The officer asked if she work and I said not for some time. I work a swing shift, sometimes 8, 12 or 16 hours. She carries out a more traditional role. She had worked in the past. I'm not sure why the officer asked about her work?

Anyway, now I wait. Do you think I will be denied?