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zeilend

Arrested, never charged, no documentation, worried about interview

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Filed: K-1 Visa Country: Canada
Timeline

Have a question here that I'm hoping we can get some extra info on as we're prepping for our interview (1 month to go!)

My fiancee was arrested when she was 15 for being with some rowdy teenagers, but was never charged --- the police literally just sent her home after driving everyone to the station. Any record of the event has been sealed for 17 years, and nothing else has ever happened; the police record check showed up with nothing, etc.

She answered "yes" to on the DS-160 to the question asking about arrests / detained, but now we are worried about if they ask about it at the interview. There is no documentation that it ever happened as far as we know (no parents picked her up, no charges filed, never anything that happened in court), so if they ask about it there is only the story. If there is an RFE, there is no way that we can show that it was cleared.

What do we do? How do we talk about this if asked? Is there anything to be worried about?

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Filed: Timeline

If you have already submitted the form and there is no way to edit it, if asked about it tell the truth, don't give more details than asked. Tell them that you could not find the documentation in police records to support the claim, perhaps they were not cited since you were children.

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It's asking for anything age 16+. The only way to get this record would be to get it from the police station. Now did the police actually arrest her or just take her to the station so her parents could pick her up? Like did they read her her rights (telling her she had the right to an attorney etc) and tell her she was under arrest and why she was under arrest?


If not then she wasn't actually arrested (although she was detained) and there would be no record of this anywhere.

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Filed: AOS (apr) Country: Canada
Timeline

get a record from the police station stating her record is clean.

when they ask say, 'i chose detained because when i was 15 i was with rowdy teenagers and was brought to the station and they sent us home, i was detained but never arrested' - so tell the truth but i would suggest getting a record from the police station stating you have a clean record. 

similar situation happened to me and i did that and it wasnt a big deal - she is like yes thanks for being honest.

just make sure you say 'detained' and like you were never arrested but u wanted to be truthful ect. 

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