Request for evidence

[LandT222 0]

My husband applied for I-485 last September and since then they keep sending letters asking for more evidence. Is this normal? USCIS is taking very long and we are doing all the paperwork they are asking for. Actually I have to help my husband as he is clueless about doing forms. 

Anyway my question is they are asking for information on an arrest he had in 2002 for drunk and disorderly, and he explained that was a long time ago and he is completely sober for 10 years now. It wasn't serious, and he managed to have his fiance visa and moved here and we were married. 

They want certified police reports but he is no longer living in the UK and he doesn't have someone to ask for help as his parents are old. Can we just send copies of what we have? It seems unfair to keep dragging things out like this for months. 

How is he supposed to get those documents in time for July, the UK was so slow with sending him documents when he was living there. 

[Wuozopo 4,285]

Two places with information you need to study and contacts that might help. Also links provided for other agencies. You don't have to live in the UK to request records. You are the only one that can request. Some are online or provide email addresses for submission. 

 

https://www.acro.police.uk/subject_access.aspx may or may not have Scotland. Ask them.

 

https://www.mygov.scot/police-record/ Scotland resources. 

[LandT222 0]

 

Two places with information you need to study and contacts that might help. Also links provided for other agencies. You don't have to live in the UK to request records. You are the only one that can request. Some are online or provide email addresses for submission. 

 

https://www.acro.police.uk/subject_access.aspx may or may not have Scotland. Ask them.

 

https://www.mygov.scot/police-record/ Scotland resources. 

Thank you wuozopo, I am looking into the websites you gave me. They asked for a subject access report for the fiance visa. Do you think that this means my husband has to submit a new one for the I-485? 

[LandT222 0]

 

For the AOS application to go ahead, you will need to provide the documents they request, no matter how difficult they are to obtain. Not to do so will most certainly guarantee a negative outcome. Unfortunately " unfair" isnt a word in the USCIS   dictionary. If the documents you mention are what they are asking for, then send those... but if they are not certified court documents then they will not meet the RFE requirements. You say he has no one to ask as his parents are old... what abput cousins, other relatives, previous workmates, sporting team colleagues, friends.... ??  There should be an online process for obtaining these documents... perhaps he can phone his consulate to see if there is any specific process for people overseas... if time is running out , maybe he could get an InfoPass appt to speak to an IO and get some face to face information. But you will need to comply... 

Thank you Dee Elle, so far it's a couple of months from when we got the letter but I remember paperwork used to take ages when waiting while in Scotland so I panicked a bit. I'm looking through the paperwork now and I'm not finding anything except the police certificate, with the no live trace. Do you think it's enough? I think it expires though. 

[Wuozopo 4,285]

The Subject Access Report in the UK lists the charges and how the case was resolved...fine, jail, dismissed. This is often when a "caution" is given which is a guilty plea and dispensation of the case without actually appearing before a judge or going to court. The USCIS needs documentation of the actual charge, when,what, etc, not just the immigrant telling their version. The SAR could provide that documentation or if it actually went before a court, then records would be available through the court.,

[LandT222 0]

 

The Subject Access Report in the UK lists the charges and how the case was resolved...fine, jail, dismissed. This is often when a "caution" is given which is a guilty plea and dispensation of the case without actually appearing before a judge or going to court. The USCIS needs documentation of the actual charge, when,what, etc, not just the immigrant telling their version. The SAR could provide that documentation or if it actually went before a court, then records would be available through the court.,

We were looking through our paperwork and we found the subject access report so I'm going to make some copies and send it. Thanks so much for your help with this information. I was worried we needed to get something else actually.

[LandT222 0]

 

https://travel.state.gov/content/visas/en/fees/reciprocity-by-country/UK.html

 

This USCIS websiite lists documents needed specific to the country, and where you should contact..  you may need to make a phone call to the indicated office and ask... it is often much better than the online access, at least this enables you to clarify information  and ask questions ... even if you then have to go online and order the records. 

Thanks Dee Elle, I'm going to read the links you sent me, it looks like we might have paperwork to send after all! I'm hoping for the best!