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Arrested but not charged- not an issue correct?

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Question, our K-1 interview is this Thursday the 18th. We were waiting on the final police certificate, and we got it, and I have a question. It says on there that he was arrested for rape but he was never charged and was cleared because there was no basis for the charges. We wanted it to be cleared off his record but they wanted over $1,000 and it would take us after his interview date. However, he wasn’t charged for the rape and was cleared and released because he didn’t do it, the arrest will put a red flag up, but shouldn’t affect us in the visa process because he wasn’t charged correct? On the DS160 we should say he was arrested but not charged, no lying at all because we don’t want to raise any flags, but as long as he wasn’t charged having the arrest on there shouldn’t affect his odds correct?


His ex did it to try and get full custody of their daughter many years ago, and now she's willing to say that the charges were false, but since he wasn't charged I said that shouldn't be necessary....thoughts?

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Yes I would put arrested but not convicted on the DS160. Also get as much evidence from the courts as you can that he was not convicted or sentenced and that the charges were dropped. He definitely needs to obtain documentation that he was cleared of any wrong doing.

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Question, our K-1 interview is this Thursday the 18th. We were waiting on the final police certificate, and we got it, and I have a question. It says on there that he was arrested for rape but he was never charged and was cleared because there was no basis for the charges. We wanted it to be cleared off his record but they wanted over $1,000 and it would take us after his interview date. However, he wasn’t charged for the rape and was cleared and released because he didn’t do it, the arrest will put a red flag up, but shouldn’t affect us in the visa process because he wasn’t charged correct? On the DS160 we should say he was arrested but not charged, no lying at all because we don’t want to raise any flags, but as long as he wasn’t charged having the arrest on there shouldn’t affect his odds correct?

His ex did it to try and get full custody of their daughter many years ago, and now she's willing to say that the charges were false, but since he wasn't charged I said that shouldn't be necessary....thoughts?

he will need to provide proof of the fact that charges were not brought against him...

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I would definitely get it in writing from her that the claims were false.... she should be charged for wasting police time!


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I would definitely get it in writing from her that the claims were false.... she should be charged for wasting police time!

Not proof from her. You will have to get the court documents. It needs to have the court seal. Without it it will not be verified proof. You saying he was arrested but not charged means nothing. And the wife signing a piece of paper means nothing. The court documents must be with him at interview showing he was dismissed of all charges.


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Not proof from her. You will have to get the court documents. It needs to have the court seal. Without it it will not be verified proof. You saying he was arrested but not charged means nothing. And the wife signing a piece of paper means nothing. The court documents must be with him at interview showing he was dismissed of all charges.

Yes I understand that, but I still thinking having it in writing from her, in case she tries to pull something similar in the future, would be useful (or at least, better than nothing).


Immigration Timeline

 

June 2013: Met whilst working at a summer camp in Michigan 

K1

November 1st 2014: I-129f submitted for K1 visa

February 24th 2015: Visa in hand!

February 26th 2015: POE at Las Vegas airport, then onwards to Oregon! 

March 6th 2015: Marriage (with a "real" wedding to follow next year on 7/6/2016)

March 9th 2015: AOS, EAD & AP submitted

September 22nd 2015: Interview

January 14th 2016: Two year Green card received -phew!

ROC

August 8th 2017: 90 day window begins! ROC time!

September 28th 2017: Biometric Appointment in Portland, OR

March 5th 2018: Case received by local office

August 18th 2018: 18 month extension letter mailed

N400

August 8th 2018: Window opens to submit naturalization application

August 13th 2018: N400 Application submitted online :dance:

August 14th 2018: NOA1

September 6th 2018: Biometrics

 

I am the Beneficiary

 

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It would take too long to get the paperwork that says he wasn't convicted- my thoughts were if he was convicted that would show up on the police certificate, but it's not so that's his evidence that he wasn't charged. At this point we're going with what we have and see what they say, but I am trying to ease my nerves...

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All arrest needs to be disclosed to USCIS...if the

charges were dismissed then you will need to have the

court proof (original copy) from the courts saying that

it was/is dismissed along with the police cert you have.

I would not open a can of worms by involving the accuser

letter, they may think that its coerced, and the interesting

proof to USCIS is the official court docs....I suggest you

get it before the interview and he calmly tell the IO what

happened when they ask.

Did an atty defended him cant he get a letter from him or

the DA that dropped the charges, as long as that's on a police

cert someone from the justice system can provide a letter in the

meantime

Edited by Jawaree

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He had an attorney that represented him and they dropped the charges - he wasn't in jail for long at all because he had witnesses that saw him that night and her that night on opposite sides of town and was with them all night, even her family testified against her and she dropped it. However it still showed up as an arrest and when he went to get it cleared or the paperwork saying he wasn't charged they wanted a crazy amount of money for it and said it would take over a month. We've been round and round with this and he has traveled twice now to pick this up and they gave him one story after the next and finally today I said forget it lets see what exactly the embassy wants because no one in that country has any idea what they're doing when it comes to getting certifications. Everyone has a different set of requirements and the lawyer said he could get it for $1000- and I said no let's see what the embassy says. I'm praying they see that on the police certificate it has nothing about him being charged for the rape, just arrested and that will be enough. Since it happened so long ago that's why their department is making it sound so difficult because nothing is on computers and its a hot mess- plus they're all corrupt and want money every time they do something for you. It's getting really annoying - so at this point I guess he may not be here for Christmas and we are just going to have to see what the embassy says Thursday- from what I'm hearing on here he most likely will require more paperwork. I assume they would hold the visa pending that additional paperwork and then process it once he submits those documents. We shall see... I really wanted to surprise my daughter on Christmas with her dad :(

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I hope and pray for your sake you have enough info., but I think it will take certified police documents to clear such a "charge".,.,.sometimes charges are made and just never followed up on, and are just open cases., this might be the case.

I think you will need some type of closure on this charge from the arresting police dept. to clear this up.

Hope you make it with what you have, we will see, keep us informed.

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Even if they were to remove the arrest from the record, he would still have to disclose the arrest. It doesn't matter if it shows up on the PC or not. All arrests and what not have to be disclosed regardless of outcome, including any sealed cases or exonerations.

By the way, I think you may be confusing charged for convicted because that's how you titled your thread. I'm not sure you can be arrested without some sort of charge brought up against you and even if they are bogus they need to give a reason for the arrest.

The important thing here is that he wasn't convicted because from my understanding, those are the ones that count negatively for immigration related purposes. This is why they ask for the relevant documents from the courts and/or police authorities detailing the disposition of his case. I'm pretty sure that rape or attempted rape is one of those things that are inadmissible so they will definitely need to see that he wasn't convicted.

Since he wasn't convicted, they need to see the documents reflecting that the charges were dropped. If he doesn't have these papers ready for the day of the interview, he most likely will be issued a 221(g). Again hopefully there shouldn't be an issue other than that and he shouldn't need a waiver because he wasn't convicted. Good luck.

Edited by Ian H.

This does not constitute legal advice.

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That's a serious allegation even that's it

was made up, but USCIS will want factual proof

the CO (especially if female)will want to know

if its that simple why have it on record although

the ppl in charge may be corrupted, a waiver may

be needed after interview, then you may add witness

letters & affidavits to such package.

I wish in the spirit of the holidays that he may get an

IO that understands but usually they follow the rule

of laws, don't stress too much...hope things work out

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Question, our K-1 interview is this Thursday the 18th. We were waiting on the final police certificate, and we got it, and I have a question. It says on there that he was arrested for rape but he was never charged and was cleared because there was no basis for the charges. We wanted it to be cleared off his record but they wanted over $1,000 and it would take us after his interview date. However, he wasn’t charged for the rape and was cleared and released because he didn’t do it, the arrest will put a red flag up, but shouldn’t affect us in the visa process because he wasn’t charged correct? On the DS160 we should say he was arrested but not charged, no lying at all because we don’t want to raise any flags, but as long as he wasn’t charged having the arrest on there shouldn’t affect his odds correct?

His ex did it to try and get full custody of their daughter many years ago, and now she's willing to say that the charges were false, but since he wasn't charged I said that shouldn't be necessary....thoughts?

If he was arrested he was charged with rape, now happen in the court system is a different thing. BIG problems

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You are doing the right thing. Declare the arrest and supply the certified docket sheets from the court. Forget about everything else. The question of his arrest will resurface several times between now and his USC so I would get at least 4 certified copies for future use. Do not seal or expunge the record. This is ineffective for immigration purposes and will only make things more difficult if you need to access the records later.

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