US Citizenship and 498a

krishna498

New Member
Friends,
I am a victim of false 498a case filed by my wife in India, my family in India got the bail, me and my brother are in US and have not visited India since 498a. Charge sheet has not been filed yet, it's been more than a year since the FIR was sent to magistate.

Now I am eligible to apply for the US Citizenship, and was wondering what to answer for following questions in "Part 10 -D. Good Moral Character" of US Citizenship form N400 :

15. Have you ever committed a crime or offense for which you were not arrested? Yes/No
17. Have you ever been charged with committing any crime or offense? Yes/No
18. Have you ever been convicted of a crime or offense? Yes/No

Your response is appreciated.

Thanks & Regards,
Krishna
 
krishna498 said:
Friends,
I am a victim of false 498a case filed by my wife in India, my family in India got the bail, me and my brother are in US and have not visited India since 498a. Charge sheet has not been filed yet, it's been more than a year since the FIR was sent to magistate.

Now I am eligible to apply for the US Citizenship, and was wondering what to answer for following questions in "Part 10 -D. Good Moral Character" of US Citizenship form N400 :

15. Have you ever committed a crime or offense for which you were not arrested? Yes/No

No. In your opinion you didn't commit any crime or offense, right?

17. Have you ever been charged with committing any crime or offense? Yes/No

Have you ever been charged? She filed a complaint in your absence, she could say a lot of things...In my opinion the answer is NO, and you don't need to volunteer info and details, about things which happened in your absence and without your knowledge.

18. Have you ever been convicted of a crime or offense? Yes/No

I don't know what was the outcome after her allegations but you weren't there to defend yourself, you don't know what she did...
Did anyone, officially announced you that you were convicted of any crime? If yes...is yes, if no, is no.


Your response is appreciated.

Thanks & Regards,
Krishna
 
Hi , thanks for the clarification. i must disagree with suzy especially on number 18. The fact that there is a complaint against you in a court of law is something that you cannot just dismiss and play like you do not know about it and that your innocent and that your wife is just using the system. The CIS has no way yo verify that, they need a proof.

Your case is a bit sticky and could get complicated becuse what ever you decide you will end up in a gray area....I recommend that you consult with a lawyer and even better hire some and ask him/her to go with you to the interview. Play it safe and never hide material facts. Good luck.
 
krishna498 said:
Friends,
I am a victim of false 498a case filed by my wife in India, my family in India got the bail, me and my brother are in US and have not visited India since 498a. Charge sheet has not been filed yet, it's been more than a year since the FIR was sent to magistate.

Sorry, I do not have an answer to your questions.

What if you this happens.
You answer no to the questions and naturalize. Few years later you travel to India. They arrest you there and US consulate had to involve since you are a US Citizen. At that time (US Consulate/State department informs USCIS)they find out that you had answered "No" to the questions and yet you had a warrant issued before you filed your N-400!

This may not happen ever but you may want to think about it and be prepared to handle it.

Good Luck.
 
I would answer no to the questions atleast for naturalization. Minor things happened in india would not reach the US agencies.
 
There is a key difference in your case. An accusation has been made against you, but the authorities have yet to charge you with the crimes you have been accused of.

15. You have not been arrested in regard to this accusation so I would say the answer is NO.
17. You have not been charged with committing any act as the charge sheet has not been filed so I would answer NO.
18. Charges have not been filed against you by the police of other authorities and the trial has not taken place so you have not been convicted so I would answer NO.
 
498 a Victim

Hi Friends,

I am a victim of false 498a case filed in India.Could you suggest good lawyer in usa for this problem.


Regards,
Raju
 
dude u guys are scaring me,Last nov my cousin got married...he has never raised his voice against anyone...after a couple of months the 2 broke up...she directly went to the cops and lodged a case against him and his family(dowry)...
And on the other side my parents are looking for a girl for my brother in india
:eek:
 
Well find a partner for your brother in the US. There is a lot of good choice here!

query11 said:
dude u guys are scaring me,Last nov my cousin got married...he has never raised his voice against anyone...after a couple of months the 2 broke up...she directly went to the cops and lodged a case against him and his family(dowry)...
And on the other side my parents are looking for a girl for my brother in india
:eek:
 
I am a little ignorant of the dowry process since I don't believe in it. Isn't the dowry supposed to be given by the bride's family to the groom's family? Why are the women filing cases against the men???

On another note, why the hell is dowry even an issue? You guys are supposed to be educated and "enlightened". Why are you still following such archaic customs?
 
who is demanding dowry,superho?
cant you read its a false case.Dowry is a issue of the past.There were strict government rules and people were prosecuted religiously.Eversince then the dowry system in india is almost forgotten.
What is hapening now is,say a girl after marriage wants to go for another guy all she does is put a dowry case on guys.thats it she is eligible for a hassle free divorce.Unfortunately such cases have been on the rise in india....
Innocent guys get stuck for no reason as they always opt for arranged marriages not knowing anything about the girl as they dont want to hurt their elders feelings.
FYI 90% of abcd's go for arranged marriage.
So dont try to be a smart ass now.....
 
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All I can say then is: you get what you pay for. If one is too dumb to be one's own man and get to know the potential marriage candidate and their family before deciding on marriage, then be it on your head...
 
query11 said:
who is demanding dowry,superho?
cant you read its a false case.Dowry is a issue of the past.There were strict government rules and people were prosecuted religiously.Eversince then the dowry system in india is almost forgotten.
....

I'm just curious;

Obviously I'm not Indian and by asking this question obviously I don't know much about the Indian traditions.

So, for my own education, could you explain to me what is a "dowry"?


P.S. I like your new signature :p :D
 
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i am sorry i am working on something will give u a detail reply later...

Dowry (Dahej/Hunda) as we all know is paid in cash or kind by the bride's family to the groom' s family alongwith the giving away of the bride (Kanyadanam). The ritual of Kanyadanam is an essential aspect in Hindu marital rites. Kanya = daughter, dana = gift.
The word 'Hunda' appears to be derived from 'Handa' which means a pot. This could be due to the now extinct practice of offerring dowry in a pot.
Suzy977 said:
I'm just curious;

Obviously I'm not Indian and by asking this question obviously I don't know much about the Indian traditions.

So, for my own education, could you explain to me what is a "dowry"?


P.S. I like your new signature :p :D
 
Superho said:
All I can say then is: you get what you pay for. If one is too dumb to be one's own man and get to know the potential marriage candidate and their family before deciding on marriage, then be it on your head...

o.k pal,time to suck it up and get to bed
 
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