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My fiance's application was denied yesterday at the interview. The reason given is because of my criminal past on the basis of the safety of her and her daughter. We were first given a yellow 221g administration processing slip on July 22, then told to come back. When she went back she was given a pink 221g refusal and told the papers are being sent back to USA.
I have read online on several government sites that I can reapply for free within 1 year if rejected for 221g, however, when I try to schedule an interview it's asking for a fee.
I have been arrested 4x. My last arrest was 2009 for driving without a license (which was dismissed as I have a license, just not on my person at the time). An arrest it 2007 for strangulation, battery and bodily harm. On the front of my I-129 application in pen they hand wrote "arrested in 2009 for battery/bodily injury and strangulation" (I was arrested in 2007, but anyways) in which I was convicted of disorderly conduct (class 2 misdemeanor). I was arrested in 2005 for domestic violence in which was convicted of possession of *********. I was arrested in 2004 for being part of a fight at a house part (I was the only one that stuck around) and was convicted or public intoxication. Also, when I say convicted I mean that plea deals were entered.
I indicated all of this on my original application and included court documents for each of the 4 arrests
In the 2007 fight I did hit my father (he kicked me, I hit him back and pinned him against the wall holding his shoulder). The domestic violence I pushed my wife's head in a rude manner. Both were terrible things that I did, hitting my father is especially bad for me (as I had no write to fight him back). I lost my job from the domestic violence issue (police arrested me at work even though I called the day before to see if I had a warrant, then they came back 2x to my work to have me sign stuff), didn't see my son's first birthday, spent 24 hours in jail, and close to $2000 in misc costs and have learned my lesson.
These violent arrests were 14+ years ago, and according to IMBRA my fiance should be notified and allowed to choose. She was not, instead the officer denied it completely. I do not have any child related offenses that would make me ineligible from Adam's act. So I AM qualified, and I already was approved by USCIS.
I have lived with my fiance for 5 years and have proof. I brought 200+ photos, many of us traveling to other countries together. My son lived with us for 1 1/2 years. My mother has visited twice and my daughter once. I just purchased a house and car in the states (thinking that I was all clear once I received the USCIS approval) but am here in Cambodia with my fiance.
She was told the only reason for refusal was me, that I AM NOT ELIGIBLE which is not correct. Everything else was fine with the application.
I have sent an email to the embassy asking them to let me present additional documentation before they return it to USCIS saying I would like to present:
- A 2008 affidavit from the witness to the strangulation saying that the police misrepresented her (not previously provided)
- A 2008 court document showing the charges were dropped and that the order of protection was also dropped and I pled guilty to disorderly conduct
- A signed/notarized statement from my ex-wife saying that the 11 years we were together after the incident were 100% free of abuse
- A signed/notarized statement from the alleged strangulation victim (my father) saying I did not nor attempt to strangle him
- Signed and notarized character references from family, friends and business associates.
What should I do? Also, I'm confused about how to reapply for free. I talked to a lawyer today here and he advised we just get married. However, Cambodia requires a background check. I the regular FBI background check on myself when I was gathering my arrest records over a year ago and it was blank. It wasn't the fingerprint check, so not sure, but if it shows something then I can't marry here (however, I did look into it and it's possible for me to marry online in Utah). Plus that would take another year. I have 4 kids in the states, and my 2 youngest are having behavior issues at school. My mom is their caretaker while my ex works on weekdays or visits her out of town boyfriend on weekends, and my mom's health has been fading badly over the past year.
I have read online on several government sites that I can reapply for free within 1 year if rejected for 221g, however, when I try to schedule an interview it's asking for a fee.
I have been arrested 4x. My last arrest was 2009 for driving without a license (which was dismissed as I have a license, just not on my person at the time). An arrest it 2007 for strangulation, battery and bodily harm. On the front of my I-129 application in pen they hand wrote "arrested in 2009 for battery/bodily injury and strangulation" (I was arrested in 2007, but anyways) in which I was convicted of disorderly conduct (class 2 misdemeanor). I was arrested in 2005 for domestic violence in which was convicted of possession of *********. I was arrested in 2004 for being part of a fight at a house part (I was the only one that stuck around) and was convicted or public intoxication. Also, when I say convicted I mean that plea deals were entered.
I indicated all of this on my original application and included court documents for each of the 4 arrests
In the 2007 fight I did hit my father (he kicked me, I hit him back and pinned him against the wall holding his shoulder). The domestic violence I pushed my wife's head in a rude manner. Both were terrible things that I did, hitting my father is especially bad for me (as I had no write to fight him back). I lost my job from the domestic violence issue (police arrested me at work even though I called the day before to see if I had a warrant, then they came back 2x to my work to have me sign stuff), didn't see my son's first birthday, spent 24 hours in jail, and close to $2000 in misc costs and have learned my lesson.
These violent arrests were 14+ years ago, and according to IMBRA my fiance should be notified and allowed to choose. She was not, instead the officer denied it completely. I do not have any child related offenses that would make me ineligible from Adam's act. So I AM qualified, and I already was approved by USCIS.
I have lived with my fiance for 5 years and have proof. I brought 200+ photos, many of us traveling to other countries together. My son lived with us for 1 1/2 years. My mother has visited twice and my daughter once. I just purchased a house and car in the states (thinking that I was all clear once I received the USCIS approval) but am here in Cambodia with my fiance.
She was told the only reason for refusal was me, that I AM NOT ELIGIBLE which is not correct. Everything else was fine with the application.
I have sent an email to the embassy asking them to let me present additional documentation before they return it to USCIS saying I would like to present:
- A 2008 affidavit from the witness to the strangulation saying that the police misrepresented her (not previously provided)
- A 2008 court document showing the charges were dropped and that the order of protection was also dropped and I pled guilty to disorderly conduct
- A signed/notarized statement from my ex-wife saying that the 11 years we were together after the incident were 100% free of abuse
- A signed/notarized statement from the alleged strangulation victim (my father) saying I did not nor attempt to strangle him
- Signed and notarized character references from family, friends and business associates.
What should I do? Also, I'm confused about how to reapply for free. I talked to a lawyer today here and he advised we just get married. However, Cambodia requires a background check. I the regular FBI background check on myself when I was gathering my arrest records over a year ago and it was blank. It wasn't the fingerprint check, so not sure, but if it shows something then I can't marry here (however, I did look into it and it's possible for me to marry online in Utah). Plus that would take another year. I have 4 kids in the states, and my 2 youngest are having behavior issues at school. My mom is their caretaker while my ex works on weekdays or visits her out of town boyfriend on weekends, and my mom's health has been fading badly over the past year.
