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Filed: AOS (apr) Country: Canada
Timeline
Posted

So I have a big question......i have gone thru the K1 process very smoothly till now..... my interview is in Montréal on Monday. Last night I was reading reviews and for some reason it dawned on me that when I was 20 I had gotten into trouble with the police......I completely forgot about this till last night.....i could not remember the details so I went to the police headquarters this morning to see if I was arrested and get details ....... in 96 I got in trouble for shoplifting, the case is now archived and in 2005 my prints were destroyed..... my questions is will this propose a problem for me on Monday? Should I say I forgot until now? Should I skip the interview and try to reschedule after I get documents from the police proving the case was archived etc.

Any help would be much appreciated

Filed: K-1 Visa Country: Canada
Timeline
Posted

Is it on your record? Were you arrested? Was there a penalty? Does it show on your police check?

They will definitely ask you at the interview if you have ever been arrested, even if the case was dismissed, your record cleared, or expunged.

I'm not 100% sure how it will affect your case or how to proceed, but I thought I'd chime in and let you know that you will definitely be asked about it.

Good luck! :D

AOS

August 26, 2014: NOA1

September 16, 2014: RFE for further evidence of Joint Sponsor's current income

September 24, 2014: RFE response recieved

September 24, 2014: Biometrics taken At Detroit, MI

September 25, 2014: Status changed to "Request For Evidence Response Review"

October 9, 2014: I 485 changed to "Testing and Interview"

October 9, 2014: EAD changed to "Card/Document Production"

October 9, 2014: AP changed to "Post Decision Activity"

October 18, 2014: EAD and AP arrive in the mail!

October 23, 2014: Got a Job! - My very first American job! Yay!

January 14, 2015: AOS interview

Filed: AOS (apr) Country: Canada
Timeline
Posted

Is it on your record? Were you arrested? Was there a penalty? Does it show on your police check?

They will definitely ask you at the interview if you have ever been arrested, even if the case was dismissed, your record cleared, or expunged.

I'm not 100% sure how it will affect your case or how to proceed, but I thought I'd chime in and let you know that you will definitely be asked about it.

Good luck! :D

Shoplifting is a CIMT. I would go to the interview and explain that you forgot and get guidance from a person.

Is it on your record? Were you arrested? Was there a penalty? Does it show on your police check?

They will definitely ask you at the interview if you have ever been arrested, even if the case was dismissed, your record cleared, or expunged.

I'm not 100% sure how it will affect your case or how to proceed, but I thought I'd chime in and let you know that you will definitely be asked about it.

Good luck! :D

I was never charged or convicted..... it is not on my record at all......I have always worked with children, so I get a new Vulnerable Sector Screening every year...... and have always had a clean record......I feel so silly that I forgot about this..... but I guess 18 years ago I thought nothing of it and allowed it to vanish from my memory..... thanks for chiming in ? I appreciate it

I looked it up and thought I found that shoplifting is not a reason to get denied, especially since I was not convicted and my record is clear...... hmmm mm

I guess my only option is still to attend the interview and be completely honest.....

Thx for the words of wisdom.

Shoplifting is a CIMT. I would go to the interview and explain that you forgot and get guidance from a person.

Filed: Timeline
Posted

Were you arrested? If the answer is no then it doesn't apply. Go to the interview and explain it to the officer when asked. They will approve the visa pending receipt of further documentation, if required. If they are fine with the police clearance and don't want anything further, you're good to go.

iagree.gif
Filed: AOS (apr) Country: Canada
Timeline
Posted (edited)

Were you arrested? If the answer is no then it doesn't apply. Go to the interview and explain it to the officer when asked. They will approve the visa pending receipt of further documentation, if required. If they are fine with the police clearance and don't want anything further, you're good to go.

I was never taken to jail etc....but yes I was fingerprinted and the case dismissed...... now 18 years later, case has been archived .....so I guess the answer is yes I was arrested but never charged nor convicted..... my record is clean of all convictions.

I hope you are right!!!

Plus I am pregnant (only 7 weeks)..... should I reveal that n the interview? I do have a letter of intent to marry for him stating he is the daddy and at he is marrying me within 90 days

Edited by byrd_75
Filed: AOS (apr) Country: Canada
Timeline
Posted

The pregnancy won't have any affect on the K-1 process. Congratulations. :)

If they do require the records from the juvenile arrest, get at least 3 originals as you will require them at every stage of the immigration process.

Thx for the congrats and the advice.....

Sadly I was 20 when this dumb mistake occurred......

Filed: Other Country: Cuba
Timeline
Posted

You can search public records to find the case and status of it. If they threw your fingerprints away whatever that means then I'd say it is not on your record nor will it show up. If you were under 18 it is probably cleared from your record so you would answer no.

I would try to call the county where it happened and ask them to search their database see what they come up with and if you are not in their system you would have nothing to worry about. If you are in the system then you were arrested and would need to be honest at the interview.

If you are in their system you would have gone to court and been found guilty or not guilty. If not guilty then your record would be clean and you would answer no when asked if you have a criminal record.

2nd go round

1st K-1 Denied

Subitted Feb 2-6-15

NOA1 - 2-18-15

NOA2 - 8-18-15

Interview 11-25-15 - Denied

And Here we go again -

New K1 submitted - 1-9-16

NOA1 - 1-12-16 (according to USCIS)

Text received 1-15-16

hardcopy - not received yet as of 1-26-16

Filed: K-1 Visa Country: Wales
Timeline
Posted

The question is have you been arrested.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: K-1 Visa Country: Belarus
Timeline
Posted

This is tricky. My friend was arrested for public urination. It didn't appear on his police record but he listed it anyway because he didn't want to make a mistake. In the end it caused all kinds of complications because he checked yes. The guy told him he should have just checked no since it wasn't on his police report (and it wasn't a felony) but since he had checked yes now they have to go through so many more procedures that delay the process. In the end it wasn't a problem, just a bump in the road along the way.

I-129F Sent : 2014-02-13

I-129F NOA1 : 2014-02-24

I-129F NOA2 : 2014-04-08

NVC Received : 2014-04-22

NVC Left : 2014-04-24

Consulate Received : 2014-04-25

Interview Date : 2014-06-09

Interview Result : Approved

Visa Received : 2014-06-10

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted

I am sure it is better, but not more convenient, to be totally truthful. Your ds160 is a sworn statement and the question did not ask if you were arrested for a felony, just were you arrested. If subsequent interactions with the state department or border officials reveal that you were not truthful, you could be facing a lot more heartache.

The content available on a site dedicated to bringing folks to America should not be promoting racial discord, euro-supremacy, discrimination based on religion , exclusion of groups from immigration based on where they were born, disenfranchisement of voters rights based on how they might vote.

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