Beneficiary’s police clearance for K1 visa

[Nora&Jobany 11]

Hi all, my fiancé filed in the K1 petition in Jan 2019, and thankfully we have received the NOA2 a week ago, it is faster than we expected. So now I am searching on the required documents needed for the interview with the ambassador. I saw online that it is required to present “police clearance for countries in which I have resided for more than 6 months”. I studied in Sydney Australia for 4 years, I entered and stayed there with a student visa. Is that considered “reside”? Do I need to apply for police clearance from the Australian Federal Police?

 

thank you all very much!

 

 

[Just Paul 4,591]

43 minutes ago, Nora&Jobany said:

I studied in Sydney Australia for 4 years

Yes that is residing.  You need a police certificate from there.   And any other place lived at for 6 months or more.

[JFH 12,189]

*~*~*moved from “K-1 fiancé visa progress reports” to “embassy discussion” - question about police certificates for the interview*~*~*

[Nora&Jobany 11]

42 minutes ago, Paul & Mary said:

Yes that is residing.  You need a police certificate from there.   And any other place lived at for 6 months or more.

Thank you for your reply. But I saw on the official website of the Australian Federal Police that they only issue police clearance for Australian residents? 

[geowrian 22,335]

19 minutes ago, Nora&Jobany said:

Thank you for your reply. But I saw on the official website of the Australian Federal Police that they only issue police clearance for Australian residents? 

https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/australia.html

"

Police Certificates - All Australia

Available

Fees: Refer to the Australian Federal Police (AFP) website for the current fee

Document Name: National Police Certificate

Issuing Authority: Australian Federal Police

Special Seal(s) / Color / Format: Various security features, including watermark, micro printing, and ink reactive the ultraviolet light.

Issuing Authority Personnel Title:  Not applicable

Registration Criteria: Not applicable

Procedure for Obtaining:  Can be requested online or through a physical form sent by mail. Refer to the Australian Federal Police (AFP) website

Certified Copies Available:  Inquire directly with AFP

Alternate Documents: There are no alternate documents

Exceptions:  None

"

 

I didn't see anything on the AFP's website stating that only residents can get them, and the DOS reciprocity website makes no mention of this either (it does note they are unavailable for non-residents for other countries as applicable).

[Nora&Jobany 11]

7 minutes ago, geowrian said:

https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/australia.html

"

Police Certificates - All Australia

Available

Fees: Refer to the Australian Federal Police (AFP) website for the current fee

Document Name: National Police Certificate

Issuing Authority: Australian Federal Police

Special Seal(s) / Color / Format: Various security features, including watermark, micro printing, and ink reactive the ultraviolet light.

Issuing Authority Personnel Title:  Not applicable

Registration Criteria: Not applicable

Procedure for Obtaining:  Can be requested online or through a physical form sent by mail. Refer to the Australian Federal Police (AFP) website

Certified Copies Available:  Inquire directly with AFP

Alternate Documents: There are no alternate documents

Exceptions:  None

"

 

I didn't see anything on the AFP's website stating that only residents can get them, and the DOS reciprocity website makes no mention of this either (it does note they are unavailable for non-residents for other countries as applicable).

This is the official website of the NSW governments australian, and under the “eligibility for application” states “residents of Australia”. Is that right? 

[geowrian 22,335]

5 minutes ago, Nora&Jobany said:

This is the official website of the NSW governments australian, and under the “eligibility for application” states “residents of Australia”. Is that right? 

Where does it say "eligibility for application"? I don't see that on the DOS reciprocity website linked above, nor the AFP website referenced in that link (https://www.afp.gov.au/what-we-do/services/criminal-records/national-police-checks).

 

"The Australian Federal Police (AFP) can only provide National Police Checks for:

• residents of the Australian Capital Territory (ACT), Jervis Bay Territory and external Commonwealth territories
• people seeking employment with the Commonwealth Government
• people requiring a check under Commonwealth legislation
• Australian immigration purposes
• where the applicant resides overseas
• overseas employment
• overseas adoption
• visa applications for overseas travel. "

[Nora&Jobany 11]

8 minutes ago, geowrian said:

Where does it say "eligibility for application"? I don't see that on the DOS reciprocity website linked above, nor the AFP website referenced in that link (https://www.afp.gov.au/what-we-do/services/criminal-records/national-police-checks).

 

"The Australian Federal Police (AFP) can only provide National Police Checks for:

• residents of the Australian Capital Territory (ACT), Jervis Bay Territory and external Commonwealth territories
• people seeking employment with the Commonwealth Government
• people requiring a check under Commonwealth legislation
• Australian immigration purposes
• where the applicant resides overseas
• overseas employment
• overseas adoption
• visa applications for overseas travel. "

I hope you are right, but please see attached photo. I will send an inequity to the NSW police department tho. 

[geowrian 22,335]

9 minutes ago, Nora&Jobany said:

I hope you are right, but please see attached photo. I will send an inequity to the NSW police department tho. 

I think you're looking at the wrong thing. That's for a National Police Certificate issued by the NSW Police Force. The reciprocity website states that the US is looking for a National Police Certificate issued by the Australian Federal Police.

I would suggest using the DOS official procedures as linked above previously, as that is what the US is looking for. That provides a link to obtain the certificate from the AFP website.

Edited April 21, 2019 by geowrian

[Nora&Jobany 11]

6 minutes ago, geowrian said:

I think you're looking at the wrong thing. That's for a National Police Certificate issued by the NSW Police Force. The reciprocity website states that the US is looking for a National Police Certificate issued by the Australian Federal Police.

I would suggest using the DOS official procedures as linked above previously, as that is what the US is looking for. That provides a link to obtain the certificate from the AFP website.

Thank you very much! I will look into it 🙏🏾

[Nora&Jobany 11]

20 minutes ago, geowrian said:

I think you're looking at the wrong thing. That's for a National Police Certificate issued by the NSW Police Force. The reciprocity website states that the US is looking for a National Police Certificate issued by the Australian Federal Police.

I would suggest using the DOS official procedures as linked above previously, as that is what the US is looking for. That provides a link to obtain the certificate from the AFP website.

So which one should I apply for? $42, $99 or $139?

[geowrian 22,335]

10 minutes ago, Nora&Jobany said:

So which one should I apply for? $42, $99 or $139?

From the DOS website: "Comments:  Australian Federal Police certificates based on fingerprints are preferred, but a certificate not based on fingerprints is acceptable if it shows all aliases ever used"

 

I'll defers to others who have gone through the process.

I'm not sure if obtaining fingerprints from the AFP directly (the $139 fee) is available abroad.

[Nora&Jobany 11]

1 hour ago, geowrian said:

From the DOS website: "Comments:  Australian Federal Police certificates based on fingerprints are preferred, but a certificate not based on fingerprints is acceptable if it shows all aliases ever used"

 

I'll defers to others who have gone through the process.

I'm not sure if obtaining fingerprints from the AFP directly (the $139 fee) is available abroad.

So I tried to apply online, but they didn’t let me through because I don’t have an Australian driver’s license. So going back to my first question, do they even provide police clearance for non-residents? 

[Nora&Jobany 11]

2 hours ago, Nora&Jobany said:

So I tried to apply online, but they didn’t let me through because I don’t have an Australian driver’s license. So going back to my first question, do they even provide police clearance for non-residents? 

geowrian, you're right. I have clarified that actually I don't need a Driver's License number. 

 

Thank you~ 

[Mike E 11,723]

On 4/20/2019 at 8:45 PM, Nora&Jobany said:

Hi all, my fiancé filed in the K1 petition in Jan 2019, and thankfully we have received the NOA2 a week ago, it is faster than we expected. So now I am searching on the required documents needed for the interview with the ambassador. I saw online that it is required to present “police clearance for countries in which I have resided for more than 6 months”. I studied in Sydney Australia for 4 years, I entered and stayed there with a student visa. Is that considered “reside”? Do I need to apply for police clearance from the Australian Federal Police?

 

thank you all very much!

 

 

So for Myanmar, everything we read, including at state.gov, said that we needed police certificates for a K-1 applicant from every place she resided more for 6 months or more.

 

We then receive an email from the embassy that says:

 

"-Police Certificate: Original certificate & notarized translation, plus one photocopy. Police certificates must be obtained from each Myanmar Township where you have resided for six month or more past the age of 16, and all other countries you have resided for over one year.  For persons residing overseas, the most practical way to obtain the certificate is through close relatives or friends still in Burma."

 

OK, so not as bad as we were told, but not great. 

 

So, I sent my then fiancee on a world tour to gather police certificates. Including the dreaded Singapore police clearance. With a final stop in Yangon to get them all (but the Singaporean)l translated.

 

So 4 weeks later and $5000 lighter,  she then applies for a DS-160, and the embassy then says:

 

"After reviewing your case, you are required to bring the following documents on your interview date.

Additional form

Visa fees $265

Two Photos (2 x2 inches with white background and without glasses)

Original and English notarized police Certificate from Nyaung Shwe

Any relationship proof such as the photos with the petitioner

[...]"

 

So IOW, they only wanted have her police cert from the place she was currently residing. IOW they lied. Now were they lying in the first email or the second email?

 

😡😡😡😡😡😡

 

My then fiancee brought the additional police certs to the interview, and the CO didn't want them. So they lied in the first email. 

 

When she arrived in the USA we asked her lawyer if she needed the police certs the embassy didn't collect for the AOS. The lawyer said no: "No. The additional police certificates are not for K-1 visa holders".

 

🤦‍♂️🤦‍♂️🤦‍♂️🤦‍♂️🤦‍♂️🤦‍♂️

 

So my advice is to not collect police certificates unless your embassy/consulate asks for them after your visa interview is scheduled. Or if it requires them before it will schedule a visa interview.

 

 

Edited April 22, 2019 by Mike E