Checklist for Court Records but Husband has never been to court?

[JessieABC 159]

I am the USC filing for my UK husband and I just received a checklist for a Court Records.

 

His Police Record from the UK reflects on "harrassment" demeanor with "Caution" but he has never been convicted of a crime and has never been to court.  

Per the NVC reciprocity information:

 

Quote

• Court Records

  Available. Applicants may obtain court records (usually called "Memorandum of Conviction" in the United Kingdom), by writing to the Clerk of Court of the court (or courts) in which he or she was tried. This request must include as precise a date and place as possible.

 

 

What are they expecting me to send?  Anyone else been in a similar situation?

[toothpicks 38]

I had to submit court records when submitting my I-129F petition as the USC, and as all charges were dropped before I even attended court, I just had to submit a certified statement from the court saying that I had no record. Maybe that's the same case for you?

[JessieABC 159]

24 minutes ago, toothpicks said:

I had to submit court records when submitting my I-129F petition as the USC, and as all charges were dropped before I even attended court, I just had to submit a certified statement from the court saying that I had no record. Maybe that's the same case for you?

I hope not since I'm not even sure how that can be requested. He only had a warning from the police so was never assigned a court. Did the nvc expect it from a certain authority or did you go to the local one listed for the charge?

[SabRob 154]

Is there a way to get a statement from the police that he wasn't convicted and just cautioned? 

 

Should probably try to talk to the NVC, too, perhaps they didn't get the "cautioned" part, just saw he had something on his police record, saw no court records in your file and just assumed they were missing. 

[JessieABC 159]

13 minutes ago, SabRob said:

Is there a way to get a statement from the police that he wasn't convicted and just cautioned? 

 

Should probably try to talk to the NVC, too, perhaps they didn't get the "cautioned" part, just saw he had something on his police record, saw no court records in your file and just assumed they were missing. 

 

It was clearly stated on his acro police certificate under "disposal" that he recieved a "caution" and there was nothing else listed. He just went to the police station to ask if they could provide any other documentation stating he was never convicted and they said that would be the acro certificate which we already have.

 

i don't even think we can get anything from the courts since there's nothing to get. He would need to ask the court where a hearing was held for records and none exist.

 

i really hope caking the nvc will resolve this but I honestly don't have much faith. God this was the worst case scenario. If our timeline gets extended again by 11 weeks plus the time it takes to get non required documentation, that'd be devastating.

[SabRob 154]

14 minutes ago, JessieABC said:

 

It was clearly stated on his acro police certificate under "disposal" that he recieved a "caution" and there was nothing else listed. He just went to the police station to ask if they could provide any other documentation stating he was never convicted and they said that would be the acro certificate which we already have.

 

i don't even think we can get anything from the courts since there's nothing to get. He would need to ask the court where a hearing was held for records and none exist.

 

i really hope caking the nvc will resolve this but I honestly don't have much faith. God this was the worst case scenario. If our timeline gets extended again by 11 weeks plus the time it takes to get non required documentation, that'd be devastating.

Maybe a supervisor will help shed some light on the situation, really hope you don't have to wait another 9-11 weeks. Good luck and all the best to you and your husband! 

[JBMG 890]

Just moving my comments here... NVC is open Jess. Please let us know.. 

 

22 minutes ago, JessieABC said:

Invalid checklist for court records 3 hours ago. Husband has no court records, no convictions, no fines, no prison records. He only had a misdemeanor with a cautionary warning which was reflected in his police certificate. 

 

I'm hoping I can resolve this via a call to nvc or escalating to a supervisor. I'd be devastated if there was another 11 weeks tacked on. Since there's no document to provide, I'm hoping issue is resolved and original SD stands but not sure at this point.  Any advice?

 

15 minutes ago, JBMG said:

Hmm, not sure.. If for example, if you request 'court records', can they give you something to say that he doesn't have anything on file? If so, then you're in a tough spot.. If so, then once you get that info, send ASAP to the NVC, then get confirmation of arrival.. Then maybe after a 1-4 weeks, try to get a hold of a supervisor.. OR you can try sending in an expedited request.. So sorry Jess that this happened to you guys.. Really sucks.. I really HOPE you can get it resolved over the phone. Wishing you luck. Keep us posted. 

[JBMG 890]

@ain from the UK had a check lis for missing court records.. Ain, any advice you can share? 

[Wuozopo 4,285]

4 hours ago, JessieABC said:

I am the USC filing for my UK husband and I just received a checklist for a Court Records.

 

His Police Record from the UK reflects on "harrassment" demeanor with "Caution" but he has never been convicted of a crime and has never been to court.  

Per the NVC reciprocity information:

 

 

What are they expecting me to send?  Anyone else been in a similar situation?

 

In the UK, a "caution" is indeed a conviction. It is not the same as a warning in the US where the cop stops you for a tail light out and says "I am just going to issue you a warning this time" and it's over. In the UK, when you accept a caution it means you have made a guilty plea to the charge and accept any fine or punishment without going to court. The caution will not even appear on police certificates or will be stepped down for purposes of employment clearance and such.

 

 But the US counts it as a conviction and wants the full report. That can be obtained from ACRO  by ordering a Subject Access Report. Then just explain in a letter with it to NVC that it is something that does not go before a judge and the SAR contains the only record on file and the consulate in London will be satisfied with no further documentation. 

Edited June 28, 2017 by Wuozopo

[JessieABC 159]

3 hours ago, Wuozopo said:

 

In the UK, a "caution" is indeed a conviction. It is not the same as a warning in the US where the cop stops you for a tail light out and says "I am just going to issue you a warning this time" and it's over. In the UK, when you accept a caution it means you have made a guilty plea to the charge and accept any fine or punishment without going to court. The caution will not even appear on police certificates or will be stepped down for purposes of employment clearance and such.

 

 But the US counts it as a conviction and wants the full report. That can be obtained from ACRO  by ordering a Subject Access Report. Then just explain in a letter with it to NVC that it is something that does not go before a judge and the SAR contains the only record on file and the consulate in London will be satisfied with no further documentation. 

Thank wuzopo but this was more a situation with a disgruntled ex complaining about text messages. He basically walked into the police station, spoke with them to explain the situation and walked out. To cause further trouble, she did so again a week later. He basically explained the situation again and left. There were no charges , fines, or punishment aside from essentially suggestion to change his SIM card. 

 

Spoke to two reps thus far and they both primarily assumed I had selected yes to a question on the ds 260 regarding convictions which I had not.

 

hoping to reach a supervisor within the next day to confirm and clarify if this was their error and am hoping I won't need an sar. Might confuse the nvc even more what with parking tickets and the fact he owns firearms. Totally paranoid now when it comes to nvc's capacity for quality processing .

Edited June 28, 2017 by JessieABC

[Wuozopo 4,285]

5 hours ago, JessieABC said:

Thank wuzopo but this was more a situation with a disgruntled ex complaining about text messages. He basically walked into the police station, spoke with them to explain the situation and walked out. To cause further trouble, she did so again a week later. He basically explained the situation again and left. There were no charges , fines, or punishment aside from essentially suggestion to change his SIM card. 

 

Spoke to two reps thus far and they both primarily assumed I had selected yes to a question on the ds 260 regarding convictions which I had not.

 

hoping to reach a supervisor within the next day to confirm and clarify if this was their error and am hoping I won't need an sar. Might confuse the nvc even more what with parking tickets and the fact he owns firearms. Totally paranoid now when it comes to nvc's capacity for quality processing .

 

It's pain for NVC to check things because it's the consulate in London that makes the decision. All the K1s and DCF spouse cases handle it all on interview day. Convince the NVC to send it on and let the embassy deal with it.