How to handle purged arrest with no record of purge?

[lynie 0]

Does anyone have any thoughts on how to handle this situation?

My husband was arrested when he was 15 years old for stealing swim trunks (ahh, youth ). Charges weren't pressed, and the record has since been purged. When he went to his local police station when we were filing for his K-1, he was told there was nothing they could give him in writing. Basically, it's like it never happened. She actually told him to answer the questions on the K-1 forms that "no" he was never arrested. But it was too late - we had already submitted forms with the honest answer of "yes" he had been arrested.

At the K-1 interview, this was actually the hottest topic. Everyone we spoke to wanted to know about it. We explained it each time, and were approved, so it was okay, but I'm paranoid about how to handle this with the AOS paperwork.

My thought is to draft a memo stating the facts and hope for the best. Sound ok?

(thanks in advance - i'm off to watch 30 Rock and will be back tomorrow...)

[Leafgal 3]

Lynie since it was disclosed at the interview I would definately disclose it just the same way as you did for the K-1 Visa and I am sure it will be fine. I say this because I am sure the paperwork for AOS should match otherwise they may think your trying to lie about it and that may cause you problems. I am sure you could include a letter describing the incident and whatever was told during the interview (since it was not a problem then) I am sure it won't be a problem now.

[lynie 0]

Thanks Leafgal.

We have only wanted to be completely honest with everything in this entire process. We are definitely going to answer that question with a "yes." The instructions are just really explicit about providing something in writing from the police. But I guess they were for the K1 too, and we were okay. Honestly, I think the folks at the Montreal Embassy thought it was a little funny - and my head shaking in the background as poor Shaner told the story three different times might have helped our case. We'll just explain the situation again in writing this time.