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millrbrit

Urgent Adivce: London Embassy: ACRO criminal history

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Anyone who can provide some reliable information on this would really help me out, and hopefully send some nerves to rest.

My fiance, in his university years (10 years ago) was arrested for some drunken fight he got into. He was arrested, but never charged and let go the same night. His fingerprints were however taken and so forth so, I'm assuming it was recorded as an incident.

So, after many hours of reading, I assumed it safe to go ahead and order the subject access report from the ACPO site as well. I want to be prepared if need be and I read that some people were asked for it during their interview for further clarification. The ACRO police check is still in process, but I'm hoping to get some advice beforehand so that if there's anything else I need to be doing, I can do it in the meantime.

My questions are these:

1) If this shows up on the ACRO police check, which I'm just assuming it will, is this a sole reason to be denied for the K1 visa? My feeling is that it's not, but a feeling means nothing.

2) I'm aware that this will probably lead him to having to have a blood alcohol test in the medical, as I've read that anyone with a history no matter how far passed will need to attest to the fact that it is, in fact, the past, correct?

3) And, if for whatever reason it doesn't show up and there is no trace of this incident, should I answer on the DS-160 form and other places 'No' to the question about having ever been arrested?

Thanks everyone!


4/25/2017: Married

5/10/2017: Filed for AOS from K1 Visa

5/23/2017: NOA1 received by text and email

5/25/2017: NOA1 received in mail

6/12/2017: Biometrics appointment completed

7/27/2017: Case ready to be scheduled for interview

8/24/2017: Interview Scheduled

8/28/2017: EAD Approved

9/5/2017: EAD Recieved

9/27/2017: GC Interview

9/27/2017: GC Approved

10/5/2017: GC Recieved

 

 

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He should be completely honest when answering questions either on forms or during interviews.

If he was arrested then he should answer yes. I believe the question read 'Have you ever ....." Not "Does it show on your police record?" No matter how long ago it was. If ever found misrepresentating facts it can lead to a ban.

http://www.visajourney.com/content/records This may give a little insight.

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First and foremost, always answer all questions truthfully. If a question asks if he was ever arrested, the answer would be "yes" regardless of where it does (or doesn't) show up. Since you suspect that there is an arrest on his record, go ahead and order a Subject Access Report. The SAR takes about 40 days to be processed and sent to you, so the sooner you order it the better. If it comes back with details about the arrest, your fiance will need to take the SAR report with him to his interview. He should be prepared for some questions, but there really is no reason to stress. Just answer honestly when it comes up, and of course emphasize that it was a one-time offense.

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Thank you to both.

I only asked about the form because I've read a few stories on here about the immigration officer at the embassy interview asking the applicant why they would ever admit to the criminal history if there was no record of it.

As this was an incident that happened a decade ago, there are no current issues with it, and nor has there been ever since I feel confident enough in it not being grounds for denial as long as he's forthcoming and apologetic/regretful about the event.

We're at the stage here he'll be ready for his medical as soon as the ACRO certificate arrives. Just to be sure, the Subjet Access won't be needed for this correct? His interview won't be for a little over a month anyway so, it should have arrived by that time.

Edited by millrbrit

4/25/2017: Married

5/10/2017: Filed for AOS from K1 Visa

5/23/2017: NOA1 received by text and email

5/25/2017: NOA1 received in mail

6/12/2017: Biometrics appointment completed

7/27/2017: Case ready to be scheduled for interview

8/24/2017: Interview Scheduled

8/28/2017: EAD Approved

9/5/2017: EAD Recieved

9/27/2017: GC Interview

9/27/2017: GC Approved

10/5/2017: GC Recieved

 

 

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You should update your timeline and profile to show the consulate you working through....unless the default "Armenia" is correct. These things can vary depending on the embassy. If you have questions about the interview process you will need to be embassy specific.

He should not need the police record for the medical exam but yes for the interview definitely.

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We're at the stage here he'll be ready for his medical as soon as the ACRO certificate arrives. Just to be sure, the Subject Access won't be needed for this correct? His interview won't be for a little over a month anyway so, it should have arrived by that time.

The ACRO certificate is needed for the medical exam. He won't need the SAR until his interview.

Edited by Jess&Tom

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The title of her post specifically references London. :)

That may be true, however, the listed interviewing embassy/consulate in the member's timeline is "Armenia." Hence the request for the clarification.

The imputing of accurate information in VJ member's timelines makes the VJ stats more relevant and accurate.

Pitaya

VJ Moderation

Edited by Pitaya

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

> Almost 2 years of our lives involved with the USCIS/DOS "shuffle" & worth every second of it ! <

"Si vis amari, ama" - Seneca

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:idea: Read more, post less.... Google can be your friend ! :idea:

Prior apologies if I can explain it to you, but I can't understand it for you.

Keep your timeline current: http://www.visajourney.com/timeline/

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I've changed it to London. I guess I didn't notice it before.


4/25/2017: Married

5/10/2017: Filed for AOS from K1 Visa

5/23/2017: NOA1 received by text and email

5/25/2017: NOA1 received in mail

6/12/2017: Biometrics appointment completed

7/27/2017: Case ready to be scheduled for interview

8/24/2017: Interview Scheduled

8/28/2017: EAD Approved

9/5/2017: EAD Recieved

9/27/2017: GC Interview

9/27/2017: GC Approved

10/5/2017: GC Recieved

 

 

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My questions are these:

1) If this shows up on the ACRO police check, which I'm just assuming it will, is this a sole reason to be denied for the K1 visa? My feeling is that it's not, but a feeling means nothing.

2) I'm aware that this will probably lead him to having to have a blood alcohol test in the medical, as I've read that anyone with a history no matter how far passed will need to attest to the fact that it is, in fact, the past, correct?

3) And, if for whatever reason it doesn't show up and there is no trace of this incident, should I answer on the DS-160 form and other places 'No' to the question about having ever been arrested?

Thanks everyone!

From what I've read on the ACRO site, only the following show up on a Police Certificate:

https://www.acro.police.uk/Police_Certificates_FAQs.aspx#What_will_show_up_on_my_Police_Certificate?

All convictions, warnings, reprimands and cautions recorded on UK Police Systems. When preparing the Police Certificate, we apply the principles of the ACPO Retention Guidelines for Nominal Records on the Police National Computer, which incorporates the Step Down Model. Please note that Scottish convictions are not subject to the Step Down Model.

So an arrest alone would not show up, but would if he was cautioned, reprimanded etc.

As others have said, be honest. If asked whether he has convictions, the answer is no. If asked whether he's ever been arrested, its yes. I can't see an issue like this causing an issue - no prosecution was made, it was 10 years ago and there is no other criminal behaviour since then.


--- k1 visa ---
Texas Service Center (Abandon Hope All Ye Who Enter Here)
I-129F sent: 12 Aug 2014
I-129F NOA1: 15 Aug 2014
I-129F NOA2: 2 Mar 2015 (199 days from NOA1) **No RFEs!**
NVC Received: 19 Mar 2015
Case#, IIN, BIN assigned: 19 Mar 2015
NVC Left: 20 Mar 2015
Consultate Received: 23 Mar 2015
Package 3 Received: 26 Mar 2015
Medical: 10 Apr 2015
Packet 3 Sent: 10 Apr 2015
Packet 4 Received: 23 Apr 2015
Interview Date: 8 May 2015 (Approved!!!)
Visa Issued: 14 May 2015
Visa in Hand: 19 May 2015
Entry to USA: 5 Jun 2015
Married: 21 Jun 2015

---Adjustment of Status---
Sent I-485, I-131 and I-765: 7 Jul 2015
NOA1 for I-485, I-131 and I-765: 14 Jul 2015
Email notification that I-765 was approved: 12 Sep 2015
Email notification that I-131 was approved: 15 Sep 2015
Email notification that EAD/AP combo card was mailed: 15 Sep 2015
EAP and AP combo card received: 18 Sep 2015
Green Card Received: 3 Dec 2015 [ :)] Previous letter stated interview requirement was likely to be waived

 

---Removal of Conditions---
Sent I-751: 13 Oct 2017
NOA1 for I-751: 23 Oct 2017

Biometrics: 20 Nov 2017

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Thank you, Limey! Good words.

I guess my problem is that I don't know what a caution or anything else that it lists are as I've never had to deal with something like this before. If charges were never filed, can a caution still be issued? I have no idea.

But, I'm gonna stick with your message and keep my fingers crossed.


4/25/2017: Married

5/10/2017: Filed for AOS from K1 Visa

5/23/2017: NOA1 received by text and email

5/25/2017: NOA1 received in mail

6/12/2017: Biometrics appointment completed

7/27/2017: Case ready to be scheduled for interview

8/24/2017: Interview Scheduled

8/28/2017: EAD Approved

9/5/2017: EAD Recieved

9/27/2017: GC Interview

9/27/2017: GC Approved

10/5/2017: GC Recieved

 

 

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