Arrested but not charged- not an issue correct?

[David & Diana R 1,005]

Question, our K-1 interview is this Thursday the 18^th. 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?

Court documents are the ONLY solution for this. I work in the court system and Prosecutors "Dismiss" cases all day long. This is usually done because further Police investigation needs to be done. Once all the investigation is completed the Prosecutor wither files an "Information charge" or takes the case to Grand Jury. This can take months to years. Many charges, such as certian degrees of rape have no statue of limitations, meaning the charges could be brought at any time in the future. The only way you can prove anyhting worthwhile will be to get records from the court stating that the case was "Dismissed with prejudice". That would mean the prosecution can not go forward after that point.

[zinger143 3]

He went and they told him which document to send via DHL to them, so all went well just have to send that document and we are good!

[Ian H. 207]

Make sure that he gets multiple copies, at least 4 or 5. He will need them down the road to adjust status, to remove conditions, and to apply for citizenship. So it's best to get them now and get that over with since it would be more expensive to get them down the line if he has to travel back to get them.

I assume they were talking about the disposition documents.

[zinger143 3]

Thanks, I will have him get a few copies!! I did title this wrong, he was charged/arrested but not convicted/found guilty. So we of course disclosed everything and now are getting the official record where it says he was not convicted or held in prison for any length of time for those charges. The embassy told him exactly what the title of the document is called, so he went and found out from the government it takes 3-4 days to process. So Monday he is going to get it, and I will tell him to get multiple copies, good idea!

[Ian H. 207]

Yes and once the embassy receives the docs he may be in AP for some time while they go over everything so don't panic if his CEAC status doesn't update to ISSUED overnight. Hopefully, it should only be anywhere from a few days to a couple of weeks. My spouse was in AP for close to a month with no arrest records so I just wanted to reassure you that being in AP for a few weeks is normal sometimes.

[zinger143 3]

Thank you! That is where we are at, he got the document no problem (took awhile with the holidays) and has to send it via DHL (who are closed because of the holiday right now), but then we just are waiting to hear from the embassy.