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xDiamond

Police Certificate issue and question

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Hey board, first post here. I have a dilemma!

I'm an American, my girlfriend is British. We're applying for the K-1 visa, gathering the docs for the I-129F form.

Looking ahead at the interview, it says police certificates are required if she's lived in another country for 6+ months. When she was younger (although older than 16), she lived in both Australia and the Czech Republic for more than six months. However, she was unaware about registering with foreign police, and thus never did for either country.

We're both now currently living in the UK, but we're not sure how to proceed with acquiring the certificates. Given she never registered, is it even possible? What do we do?

Appreciate any help!

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Hey board, first post here. I have a dilemma!

I'm an American, my girlfriend is British. We're applying for the K-1 visa, gathering the docs for the I-129F form.

Looking ahead at the interview, it says police certificates are required if she's lived in another country for 6+ months. When she was younger (although older than 16), she lived in both Australia and the Czech Republic for more than six months. However, she was unaware about registering with foreign police, and thus never did for either country.

We're both now currently living in the UK, but we're not sure how to proceed with acquiring the certificates. Given she never registered, is it even possible? What do we do?

Appreciate any help!

From the London website--

"Police Certificates: Required for all countries where you have lived for more than 12 months since the age of 16 and any country where you have been arrested, even if you were not resident there. U.S. police certificates are not required. ". Source http://london.usembassy.gov/iv/application_documents.html#007

Page where you can look up how to get police certificate from every country http://travel.state.gov/content/visas/english/fees/reciprocity-by-country.html

Find the country page then scroll down a bit to get to how to get documents from that country

I know the version needed for Australia requires fingerprints. The places she can have those done are listed here http://photos.state.gov/libraries/unitedkingdom/39181/pdfs/UK_police_forces.pdf

I would suggest she order those now, even though they do not go in the I-129F petition pack. They are presented at the interview in London.

It doesn't matter if she registered with the police in a country. If she committed a crime, they will have her name. If not, she will get a clear police check and that's what they want to see.


England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

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Since you are living in the UK, there is a super shortcut to save MONTHS of time off the process. If you marry first, then you could file the spouse petition at the USCIS office in London. Processing there is way faster than petition processing in the US. it's called DCF (Direct Consular Filing). Information http://london.usembassy.gov/dhs/uscis/i130filing.html

Not sure if that fits your plans, but worth mentioning the unique option you have.

The visa would be a true immigrant visa meaning she is a permanent resident the day she enters the US and can work and get a driver's license from Day 1. With a fiancé visa, she has to marry then apply for adjustment of status ($1070) and won't be allowed to work until authorization is approved. You can count on at least 4 months after arrival because you won't get it sent off the first day.

Also remember to file your US tax return including any UK income if you are employed there.


England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

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Nich-Nick, are you sure about the 12 months? According to: http://travel.state.gov/content/visas/english/immigrate/types/family/fiance-k-1.html

"Police certificates from your present country of residence and all countries where you have lived for six months or more since age 16"

I would love if it was 12 months (as she did not live in either country for that long), but that's under "Immigrant Visa", which a fiance visa isn't... right?

As for the spouse visa, we did somewhat look into the process. My UK visa expires next January. I had heard that the spouse visa took a little longer than the fiance, but maybe that was wrong? What's the time difference between them? We would consider marriage if it were an easier option. Money isn't a problem, but the lease on our apartment here (in Sheffield) ends at the end of August. We're expecting to stay with a friend nearby until her K-1 is sent to us. That's basically our timeframe. I have to leave in January, we both have to leave our place in September.

Edited by xDiamond

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Also: I'm on a student visa. Getting my Master's. Will that make acquiring an immigrant visa through DCF a problem? I have been in the UK for over 6 months, but damn there is so much information, it's difficult to tell what all is acceptable.

Edited by xDiamond

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Nich-Nick, are you sure about the 12 months? According to: http://travel.state.gov/content/visas/english/immigrate/types/family/fiance-k-1.html

"Police certificates from your present country of residence and all countries where you have lived for six months or more since age 16"

I would love if it was 12 months (as she did not live in either country for that long), but that's under "Immigrant Visa", which a fiance visa isn't... right?

As for the spouse visa, we did somewhat look into the process. My UK visa expires next January. I had heard that the spouse visa took a little longer than the fiance, but maybe that was wrong? What's the time difference between them? We would consider marriage if it were an easier option. Money isn't a problem, but the lease on our apartment here (in Sheffield) ends at the end of August. We're expecting to stay with a friend nearby until her K-1 is sent to us. That's basically our timeframe. I have to leave in January, we both have to leave our place in September.

The quote is directly off the London Embassy website of documents needed for the interview. You can also read this document http://photos.state.gov/libraries/unitedkingdom/164203/cons-visa/iv_and_k_interview_checklist2014.pdf

I am confident that it is 12 months. I've been following London K1s many years and that's how it has been.

A spouse visa normally takes longer because there is the wait for the petition approval...maybe 5 months? The VJ timelines indicate they are currently approving petitions sent last September.Then there is several months processing at the NVC (National Visa Center). Then the case gets to the visa Unit at the Embassy for medical and interview.

So with DCF filing, the spouse petition does not go to the United States at all. It is filed at the USCIS branch office in London. They could approve the petition in 3-6 weeks. That is WEEKS, not months. Their website says: "As of February 27, 2015, we are processing petitions filed on January 19, 2015. The next update will be published on Friday, March 6, 2015.

Then the approved petition goes straight across the building to the VISA unit, entirely skipping the months at NVC. She could have a visa in hand by summer. Of course you can't start the clock until you are married and have a marriage certificate.

By contrast the fiancé petition-- your service center for Maryland is going to be Texas Service Center which is currently very slow.. Some of those petitions are exceeding 6-7 months for approval. Then a short stop at NVC, then the same 2.5-3 months in London that a DCF file experiences at the London Visa Unit.

It is impossible to predict timelines but roughly for comparison--

Spouse visa in US: 11 months stateside + about 5 more weeks to interview

Fiancé visa in US (Texas Service Center): 6-8 months stateside + 2.5-3 months London visa Unit

Spouse DCF London: 1 month London USCIS office + 2.5-3 months London visa Unit

This is a London DCF guide written by one of our UK group who went through the process. Bookmark it if you think you might want to follow that path. http://www.visajourney.com/wiki/index.php/DCF_London

Edit: it used to say students were not eligible, but that has been removed. I think your visa showing you are approved to live in the UK is now okay based on others who have been accepted. Just going over as a tourist would not be okay.

Edited by Nich-Nick

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

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Nich-Nick, thank you SO much. I've been exploring this DCF method ever since you mentioned it, and yeah, it seems very much the way for us to go. We fit the criteria. I think the biggest hurdle might be getting into contact with the consulate in London. So we need to submit the entire package to the US consulate in person, according to: http://www.visajourney.com/content/dcf Our package shouldn't be posted, then? It does say "typical", but wording is important.

By any chance do you know of a particular way to reach the consulate for this matter? I spent about an hour earlier today trying to reach the embassy and it was all switchboards and robotic voices (albeit it was for a different matter than DCF). Or can I make an appointment online to submit the package in person?

Regardless, both of us are glad this is an option we can take. We're strongly considering it now. Assuming this works, you've very much changed our future for the rest of the year, and we appreciate the help.

Edit: Got ahead of myself, that link isn't specific to London. Also it tells me in the link you provided that I-130 forms should be posted to the consulate. Okay. So is that for DCF as well?

Oy, so many questions.

Edited by xDiamond

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Nich-Nick, thank you SO much. I've been exploring this DCF method ever since you mentioned it, and yeah, it seems very much the way for us to go. We fit the criteria. I think the biggest hurdle might be getting into contact with the consulate in London. So we need to submit the entire package to the US consulate in person, according to: http://www.visajourney.com/content/dcf Our package shouldn't be posted, then? It does say "typical", but wording is important.

By any chance do you know of a particular way to reach the consulate for this matter? I spent about an hour earlier today trying to reach the embassy and it was all switchboards and robotic voices (albeit it was for a different matter than DCF). Or can I make an appointment online to submit the package in person?

Regardless, both of us are glad this is an option we can take. We're strongly considering it now. Assuming this works, you've very much changed our future for the rest of the year, and we appreciate the help.

Edit: Got ahead of myself, that link isn't specific to London. Also it tells me in the link you provided that I-130 forms should be posted to the consulate. Okay. So is that for DCF as well?

Oy, so many questions.

I gave you the link to London DCF my first reply to you. It says on the page:

How do I file the Petition?

I-130s will ONLY be accepted by post/mail. Send to:

USCIS Field Office London (I-130)

Embassy of the United States of America

24 Grosvenor Square

London W1K 6AH

They give you the forms and a checklist, and sample forms. Use the London page http://london.usembassy.gov/dhs/uscis/i130filing.html

Use the London DCF guide for a first hand experience http://www.visajourney.com/wiki/index.php/DCF_London

It is impossible to speak to somebody at the embassy. And do understand that your petition is not going to the embassy/consulate. It is going to USCIS who has offices in the embassy building. They are separate pieces of the government. Calling the embassy will not get you a petition answer. And calling USCIS London will not get you a visa answer.

Petitions for spouse > USCIS under Dept of Homeland Security

Actual visa application/issuance > Embassy Immigrant Visa Unit under Department of State.

Your petition switches to I-130 Instead of I-129F.


England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

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Thank you for the information.

One last question: In regard to the affidavit, I don't have the income to sponsor her. My father does, and he's more than willing to co-sponsor. However, my fiance also has a lot of money in the bank, enough to move to the US and not work comfortably for some time. Does the fact that she has money matter in regard to the affidavit?

From what I've found, it seems like it doesn't. But if we didn't have to get my dad involved, it would probably be easier.

Thanks again for your time.

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Thank you for the information.

One last question: In regard to the affidavit, I don't have the income to sponsor her. My father does, and he's more than willing to co-sponsor. However, my fiance also has a lot of money in the bank, enough to move to the US and not work comfortably for some time. Does the fact that she has money matter in regard to the affidavit?

From what I've found, it seems like it doesn't. But if we didn't have to get my dad involved, it would probably be easier.

Thanks again for your time.

If you get married and go with the DCF, then the affidavit of support is form I-864. There is a very long instruction packet that goes with it. Read that several times. With no US job, you have zero income. The level you want to attain is around $20,000 for two people. Her assets (cash savings) can be used because you will be a married couple so it is family assets. So with no income, you fall short of the income mark by $20,000. Multiply your shortfall by 3 to figure out how much in assets would pass.

3 x $20,000 = $60,000. Does she have that much? If not, go with Dad as the joint sponsor.

Cash is not the only asset that can be used, but I am guessing because you may be a young couple, she may not own a home in the UK to sell and have lots of profit and neither of you have big stock portfolios to show as assets.

Edited by Nich-Nick

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

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