Police certificate needed or not?

[Dubi 0]

First time poster. My wife is Hungarian, and I'm a US citizen, and retired military. Right now, they are asking to turn in a police certificate for her visits to the UK?

She was there for 6 months and then returned to Hungary and then returned the next year for 3 months and then returned to Hungary. Then she stayed for 4 months and then returned to Hungary. This was in a period of over 3 years.

Does she need the police certificate or not?

I asked around.

BTW, the I-130 was approved and I did the AOS and that is complete and done with. Paid for the IV fee and the AOS fee.

Just working on the DS-230 part.

Journey started in November last year with the I-130.

I thank all in advance for your suggestions and help.

[Ryan H 3,796]

If she was residing in the UK, then she will definitely need one for that 6 month period.

Even though the other two periods were under 6 months, I would suggest that she get them anyway just in the interest of being thorough.

[maviboran 0]

I thought the instructions said that you need the record if you lived in a different country for more than 12 months. Isn't that supposed to mean 12 consecutive months? If so this wouldn't apply to you. Somebody please jump in if I'm not right.

[sofaraway 2]

If she stayed in 1 country for 6 months or more than that then she will definitely be needing a police certificate...i would suggest she'll get it now as it will delay your embassy interview if you don't have it..

[Inky 1,110]

They are asking her for it so yes she needs it.

They can ask her for whatever they want and she needs to produce it, even if its not on the list.

[Lytha 2]

Hmm,, I resided in the US on J1 visa for an exchange student program ...

it was not my legal residence, yet I stayed there for over 6 months ...

I didnt get a police certificate for that, i wouldnt even know how...

Also, didnt get an RFE for it, yet a Case Complete on Sept 21st + interview date November 8th...

Should I get worried now?

[maviboran 0]

Hmm,, I resided in the US on J1 visa for an exchange student program ...

it was not my legal residence, yet I stayed there for over 6 months ...

I didnt get a police certificate for that, i wouldnt even know how...

Also, didnt get an RFE for it, yet a Case Complete on Sept 21st + interview date November 8th...

Should I get worried now?

I'm on the same boat with you. My wife was here on F1 visa. She stayed for 9 months. We did not even bother with it. That's what the instructions clearly said. And nobody asked for it.

[Lytha 2]

I'm on the same boat with you. My wife was here on F1 visa. She stayed for 9 months. We did not even bother with it. That's what the instructions clearly said. And nobody asked for it.

Yeah well, if you're not even 'a permanent resident to that country, with no SSN or any 'rights' ... how would you be able to get one anyway??

[Inky 1,110]

You don't need police certificates for the USA only other countrys. If they were in the USA on J-1 or F-1 or whatever they will not be asked for police certificate from the USA.

[Lytha 2]

Is what I thought ...

http://travel.state.gov/visa/immigrants/info/info_3195.html#police

doublechecked it, just in case

the link is usefull

thanks all

[Dubi 0]

I do not think it was well written and it is hard to translate.

Okay for the first DS-230 we submitted, she listed UK from 2004-2007, nothing else.

I think they are mixing that up. My wife wants to just list it down exactly WITH NO GAPS or anything in between which everyone is saying to do. That was a mistake on our part including the lawyer we used did not notice that error either.

With no gaps, it will show her VISITING and studying in the UK and then leaving, she was visiting and leaving only for the summer and spring terms and all visits for each year was less than 6 months total.

So adding it up, her visits are exactly almost 12 months total for the 3 years.

I want to get the police certificate.

http://www.acpo.police.uk/documents/ACRO/20110925%20ACRO%20Police%20Certificate%20Application%20Form%20v16.pdf

seems pretty complicated.

[fazmo 24]

You are giving conflicting information. Was she ever in the UK for 6 months or not? In your first post, you said she visited the UK for 6 months. If that is the case, she needs a police certificate from UK - no matter her status. However, if EACH of all her visits was less than 6 months, she does not need to submit police certificates. She can just disregard the police certificate item (Indicate N/A).

For those of you who said they were never asked a police certificate from US visit - well they don't ask that for US visit.

Edited October 2, 2011 by fazmo

[Dubi 0]

thanks for your reply. If you add up her visit in the past 3 years, yeah it would be more than 6 months. But each of her visit was less than 6 months per year.

That is why I am asking and nobody can give me a straight answer. The police certificate for the UK seems like a difficult task at hand just to get everything they want for a brief visit.

We will do it but just want to save $ in the task at hand.

plus on the instructions we got from the NVC, I thought the instructions said that you need the record if you lived in a different country for more than 12 months. Isn't that supposed to mean 12 consecutive months? If so this wouldn't apply to you. Somebody please jump in if I'm not right.

Edited October 3, 2011 by Dubi

[fazmo 24]

thanks for your reply. If you add up her visit in the past 3 years, yeah it would be more than 6 months. But each of her visit was less than 6 months per year.

That is why I am asking and nobody can give me a straight answer. The police certificate for the UK seems like a difficult task at hand just to get everything they want for a brief visit.

We will do it but just want to save $ in the task at hand.

plus on the instructions we got from the NVC, I thought the instructions said that you need the record if you lived in a different country for more than 12 months. Isn't that supposed to mean 12 consecutive months? If so this wouldn't apply to you. Somebody please jump in if I'm not right.

May be you didn't read it but many people gave you the straight answer. See the word "each" I even capitalized for you to highlight it is each visit (not the comulative) that counts towards the 6 month requirement. Visits can add up to 10 years but if each visit is less than 6 months, a police certificate is not required per say. I am saying per say here because the consular officer can request you to submit a police certificate even for a one month visit but it is unlikely. Look at her forms and if you indicated she was in UK for a minimum of 6 months in any given time, provide the police certificate. If it is close to 6 months 5+ months,I would still get the certificate for peace of mind, but like said, it is not required.

[Dubi 0]

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