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kristenxo

Police Record

By kristenxo in K-1 Fiance(e) Visa Process & Procedures

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kristenxo Contributor

kristenxo   2

Posted
Filed: K-1 Visa Country: United Kingdom
 Timeline
Posted

I have a question in regards to the police certificate and D-160. We haven't received our NOA2 yet but are trying to be as prepared as possible for when that day does come. My fiancé is from England and got his police certificate back and it told him he had "no live trace" which basically means that he has does have a criminal record but it does not appear on on his police certificate because it is "no longer relevant". When he was 14 he got a "caution" for taping one of his friends to a bench. So he was never actually convicted or arrested.

On the D-160 does he need to check "Yes" or check "No" to the question "Have you ever been arrested or convicted?" According to the UK police website (gov.uk) a caution is not technically considered a conviction but we want to be 100% positive since his criminal record is not 100% clear. Either way we'll be getting ACRO SA Form which will contain more information and identifies what the caution was for.

Is there anything else we should be aware of in these regards?

Service Center: Texas Service Center

Transferred? No

I-129F Sent: 06/05/14

I-129F NOA1: 06/10/14

ARN changed: 06/16/14

NOA2: 12/04/14- 177 days later

USCIS shipped case to NVC: 12/9/14

NVC received case: 12/16/14

NVC case number assigned: 12/17/14

Medical: 01/03/15

Case became "Ready": 01/05/15

​Received packet 3: 01/10/15

Received packet 4: 01/22/15

Interview date: 02/17/15 Approved!!

U.S. Entry: 02/26/15

Marriage: 03/02/15

Nich-Nick Grand Master

Nich-Nick   3,354

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

You should report it because the US regards it as a crime, whether hidden or expired and it is the US government who is asking the questions. Also keep a record of the Subject Access Report because the question will come up again and again in immigration, especially if/when you apply for citizenship. You will need to provide the record. It won't prevent your visa, greencard, or citizenship, but having the documentation on hand is better than applying to ACRO all over again years down the road.

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

GrayL Collaborator

GrayL   47

Posted
Filed: Lift. Cond. (apr) Country: Australia
 Timeline
Posted (edited)

I agree with Nich-Nick here. If it were me I would write "Yes".

I would be very surprised if this causes you any hardship with your process but answering "No" and supplying a "NO LIVE TRACE" ACPO report will look worse IMO than just saying yes and explaining the reason.

The bottom line is it seems like a "boys will be boys" young teen tomfoolery nonsense and I'm sure the USCIS will see it that way also, especially considering a clean slate since.

My philosophy is always, and I mean always tell the honest truth, otherwise it may come back to bite you in the ### in the many steps past POE (AOS, ROC, Naturalization).

I'll end this by saying best of luck to you both on your immigration journey and nuptials. :thumbs::star:

Edited by GrayL

___________________________________________________________________________________
My name is Gray and I'm originally from Perth, Western Australia, my wife Bry is from Montana.
We met in June 2010, got engaged in November 2010, and married in January 2012!
We are now living together in Montana.

Timeline:
- NATURALIZATION, N400 -

07/04/2015: Applicable for Naturalization

For my full K-1/AOS/AP/EA/ROC process see my timeline here: http://goo.gl/AyNVBd
Check out my Flickr Page here: http://goo.gl/Yx4THU

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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