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Isafella

Criminal Record

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We are currently at our NOA2 stage of the K1 visa. I am about to apply for my police certificate but have a question.

When I was 18 I got in physical fight with someone. About a week later the police station called me up and requested I came in for questioning regarding this. When I arrived I was told that if I wrote an apology then the other party would not press charges. I gave my account, wrote out my apology and was told I was free to go and it was all done – never heard anything since.

Is this going to show up on my record? I assume it will say ‘No Live Trace’? I know that I was told it wouldn’t show up to any employers that request a CRB check but I don’t know if it will show up on the ACRO - Does this count as some sort of caution or reprimand?

I didn’t declare in my original application that I had been arrested or convicted because I have not. Will this affect my application?

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*** Country-specific thread moved from K-1 Process forum to the UK regional forum. ***


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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I don't know if it would or not, You weren't arrested and wasn't charged so I would guess it may not. But you ought to be applying for the police certificate now anyway so you'll see if it did or not. If something did come up then I suspect this will be queried during the embassy interview.


K1 Timeline

November 21st 2013 - First Met

November 18th 2014 - I-129f Submitted

November 24th 2014 - NOA 1

May 22nd 2015 - NOA 2 - no RFE!

June 4th 2015 - Case Sent to NVC

June 6th 2015 - NVC receives case

June 15th 2015 - Case Sent to Embassy

June 16th 2015 - Phoned NVC and finally got case number (tried 12th June and had not been assigned)

June 16th 2015 - Medical booked

June 21st 2015 - Sent Packet "3" - DS 160 and readiness

June 25th 2015 - Embassy sends letter in receipt of receiving case

June 30th 2015 - Medical

July 28th 2015 - Interview - Approved!

August 3rd 2015 - Email request to collect from courier office (Went straight from "Ready" to "Issued" did not see AP in CEAC)

August 4th 2015 - Collected packet from Chancery Lane Courier Office

August 7th 2015 - Arrived in Houston and end of K1 journey :)

Adjustment of Status Timeline

August 10th 2015 - Applied for SSN, obtained SSN number next day

August 15th 2015 - SSN card arrived

August 20th 2015 - Married! :)

August 24th 2015 - sent packet to USCIS via FedEx [AOS, AP & EAD]

August 26th 2015 - packet received at USCIS

August 28th 2015 - NOA 1 for all three applications

September 15th 2015 - RFE - request 1040A, W2's was not enough

September 24th 2015 - Biometrics completed

September 28th 2015 - RFE response received by USCIS

October 27th 2015 - EAD approved

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Is this going to show up on my record? I assume it will say ‘No Live Trace’? I know that I was told it wouldn’t show up to any employers that request a CRB check but I don’t know if it will show up on the ACRO - Does this count as some sort of caution or reprimand?

There's only one way to find out if it will show up on your ACRO, and that's to apply for it. I would also apply ASAP as if you've reached the NOA2 stage then you aren't far away from medical and interview, and you will need it for you medical as well as interview. This is also one of those documents that you should've applied for earlier in the process, not least because if it does show as a "no live trace" then you will have to apply to have a full disclosure. It all takes time, and could mean you having to delay your medical if it can't be produced in time.

Will your incident show up? I think probably not, though it might depend on how long ago this incident occured. I was involved in an incident involving the aiding and abetting of a motorvehicle being taken without the owner's consent, the said vehicle being crashed and both me and the driver of the vehicle being under age (no licence, no insurance). It was a stupid thing to do, though we were both 16 at the time (in 1985). I had to go and be reprimanded by the chief inspector at the local Police Station but that was it. No formal caution, no charges. I still had to declare this on my ACRO application, and thankfully, it came back as a "No Trace". In other words, my record is clean. Whether that was because it was so long ago and so minor that it wasn't recorded, that it pre-dated electronic records or that I was legally a "Juvenile" at the time and it got scrubbed when I reached 18, I don't know.

In your case, you need to apply for it and only once you get it will you know if you do/ do not need to take any further action. I think you will be fine, but only the ACRO report will confirm that. No one else can say for sure except the ACRO!


K1 VISA APPLICATION AND ADJUSTMENT OF STATUS

08/10/2015 Flight to USA with K1 Visa - POE NYC JFK airport

08/11/2015 Married!

10/15/2015 Moved into our new home in Bradenton, FL

11/02/2015 Filed package for AOS, EAD and AP

11/08/2015 NOA1 (Electronic) received for AOS, EAD and AP

01/07/2016 Biometrics Appointment completed

01/20/2016 EAD/ AP (I-765/ I-131) approved. Text & email confirmation

01/25/2016 EAD/ AP (I-765/ I-131) USCIS confirmed card sent

01/26/2016 EAD/ AP Card received (85 days from filing AOS)

08/05/2016 "New Card Is Being Produced" USCIS Case Status update

08/10/2016 "Card has been mailed" USCIS Case Status Update

08/11/2016 Welcome Letter received

08/12/2016 Permanent Residency/ Green Card delivered by USPS

 

 

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