Police Certificate

[PatchesO'Hoolihan 0]

Hello all, this is my first post on this site. Haven't started the K-1 process yet, but just trying to address any problems before I find out the hard way. Would it be an issue for my fiance to get a police certificate from a country that she lived in illegally for a period of time? She is going to move back to her home country but not until she's overstayed her visa in her current country. I would imagine the police would still supply the document she needs, correct?

[Going through 5,675]

You mean she's planning on overstaying her visa in the US before heading back to her country?  I would not suggest that at all...

 

Any overstay in the US is going to be a mark against her when applying for an immigration benefit in the future.

[Greenbaum 12,262]

Anytime the word "illegally" is used it's nothing but trouble with processing a visa.  Advice; don't do anything stupid.

[PatchesO'Hoolihan 0]

Sorry I should've been more specific. She is currently living in Ireland. I've read a lot of posts and talked to an immigration attorney who have stated that this shouldn't affect her chances of getting the visa. My only concern is that when it comes time to obtain the police certificate, they (the Irish police) may not help due to her overstay

Edited July 25, 2017 by patstehlik92

[Going through 5,675]

The thing with police certificates...is that they are used to show a person's good moral character.

I'm not so sure that they will be able to issue a clearance showing good moral character considering the person in question showed lack of good moral character by overstaying illegally...I guess the only thing you can do at this point is reach out and ask them in Ireland what they normally provide in situations like hers, and what documentation she will need to provide to them to get it.

 

 

[PatchesO'Hoolihan 0]

3 minutes ago, Going through said:

The thing with police certificates...is that they are used to show a person's good moral character.

I'm not so sure that they will be able to issue a clearance showing good moral character considering the person in question showed lack of good moral character by overstaying illegally...I guess the only thing you can do at this point is reach out and ask them in Ireland what they normally provide in situations like hers, and what documentation she will need to provide to them to get it.

 

 

I understand your point. The reality is at this point she's already made her decision and the only choice I have is to work with it. Perhaps I'm being naive, but I'd like to think that once she returns to her home country it won't be an issue. My understanding is these certificates only show criminal records and convictions. Is this accurate? We're a young couple and are slightly clueless about this process. Really appreciate the advice. 

[Fr8dog 529]

http://garda.ie/Controller.aspx?Page=2742&Lang=1

 

Get one now. Do not be surprised if this thing is coming back to hunt you down the line.

[Going through 5,675]

6 minutes ago, patstehlik92 said:

I understand your point. The reality is at this point she's already made her decision and the only choice I have is to work with it. Perhaps I'm being naive, but I'd like to think that once she returns to her home country it won't be an issue. My understanding is these certificates only show criminal records and convictions. Is this accurate? We're a young couple and are slightly clueless about this process. Really appreciate the advice. 

They are normally valid for 1 year, and states the name, address, date of birth, (some letters state how long someone has lived in that city) and also includes information about whether or not they have a criminal record.

 

She will have to get a clearance letter from her country of origin as well, if she returns there before you start the K-1 process.

Edited July 25, 2017 by Going through

[PatchesO'Hoolihan 0]

6 minutes ago, Going through said:

They are normally valid for 1 year, and states the name, address, date of birth, (some letters state how long someone has lived in that city) and also includes information about whether or not they have a criminal record.

 

She will have to get a clearance letter from her country of origin as well, if she returns there before you start the K-1 process.

That's reassuring. She's assured me that she hasn't been arrested or convicted of any crimes since living in Ireland, nor while growing up in Brazil. Even an overstay in the US is only considered a civil offense, and Ireland is much more relaxed with their immigration policies. Anyway, I'm trying to stay optimistic. Since it's assumed she will be immigrating to the US, I hope they don't look at an overstay as grounds for ineligibility. Again, thanks for all the feedback. 

[Going through 5,675]

She entered Ireland on a tourist visa?  Or...?

[PatchesO'Hoolihan 0]

1 minute ago, Going through said:

She entered Ireland on a tourist visa?  Or...?

She entered on a student visa which just recently expired.

[tanderson64 201]

It's never wise to overstay your visa, no matter what country.

[Going through 5,675]

6 minutes ago, PatchesO'Hoolihan said:

She entered on a student visa which just recently expired.

The sooner she goes back to Brazil the better for her, seriously.  

 

They may issue her an "overstayed" stamp in her passport however, when she crosses back, fyi.  

Edited July 25, 2017 by Going through

[PatchesO'Hoolihan 0]

2 minutes ago, Going through said:

The sooner she goes back to Brazil the better for her, seriously.  

I guess I'm sort of confused. I've seen a lot of posts about fiances who have overstayed a visa in another country. The consensus seems to be that if they return to their home country they will have no issues obtaining a K-1 visa. I can't change what she wants to do. 

[Going through 5,675]

Just now, PatchesO'Hoolihan said:

I guess I'm sort of confused. I've seen a lot of posts about fiances who have overstayed a visa in another country. The consensus seems to be that if they return to their home country they will have no issues obtaining a K-1 visa. I can't change what she wants to do. 

A lot of that can depend on how long the overstay was, how recent the overstay was, what the country of origin was, and what kind of visa they had in the first place, among other things.