Question about F1 will be getting married soon

[StevenBui 0]

I’m in US with F1 visa

Me and my girlfriend,who is US citizens, met each other in January 2018. We are thinking about getting married in next month. Both of our families are very nice and i’m living with her family right now

So I want to know what steps to do when we want to getting married in US like getting Married Certificate, getting Work Permit or apply for Green Card

And this is the worst part I need to tell you guys

Before I met her, in December 2017, I made a huge mistake in my life. I was arrested because using $20 stolen gift card which is I bought online for couple dollars and I don’t even know it was stolen. I told them that I don’t even know that gift card was stolen, get took my cellphone to check for evidence. I was fingerprinted and then free to go. And until now, It was like more than 18 months and I never got any charges from police or court and I never get my phone back. I think they throw away that case.

I never told this to my girlfriend because I feel very bad if I tell this to her. And we will getting married soon, I know that I have to answer the question in paperwork that “Do you have ever been arrested”. So what should I answer for that question? Because I never got charged for my case.

Please give me advices what should I do

[Going through 5,671]

11 minutes ago, StevenBui said:

I was arrested

 

12 minutes ago, StevenBui said:

I know that I have to answer the question in paperwork that “Do you have ever been arrested”. So what should I answer for that question?

 

The answer to the question is YES.  The question, as you stated, asks have you ever been arrested---not if you ended up being charged in the end.

[geowrian 22,337]

AOS guide: https://www.visajourney.com/content/i130guide2/

 

Yes, the arrest must be disclosed on the I-485. It explicitly asks if you were arrested, not charged/convicted/etc. Documentation of the disposition of the case should be provided as well.

The event may or may not be considered a CIMT, but it sounds like even if it was, the petty offense exception would likely apply. Conviction is not necessarily required for immigration purposes, but I wouldn't be too worried about this immigration-wise.

I would personally disclose it to my fiancee...she's going to find out anyway, and it could be mentioned in the AOS interview.

[StevenBui 0]

8 minutes ago, geowrian said:

Documentation of the disposition of the case should be provided as well.

I do not have any documents about my situation, since I free to go from police station, I haven’t received anything from them

[geowrian 22,337]

Just now, StevenBui said:

I do not have any documents about my situation, since I free to go from police station, I haven’t received anything from them

Was there a police report?

[Going through 5,671]

2 minutes ago, StevenBui said:

I do not have any documents about my situation, since I free to go from police station, I haven’t received anything from them

Then you can always get a certified statement from the arresting department declaring that you have no criminal history under their jurisdiction.

 

If you were fingerprinted, then that means you were booked.  There would be an actual report filed regarding the incident.

Edited June 13, 2019 by Going through

[StevenBui 0]

Just now, geowrian said:

Was there a police report?

I don’t even remember they handed me any document

[Going through 5,671]

4 minutes ago, StevenBui said:

I don’t even remember they handed me any document

You stated you were fingerprinted earlier---If you were fingerprinted, then that means you were booked.  There would be an actual report filed regarding the incident.

They wouldn't have had to necessarily hand over to you any paperwork at that time.

 

My advice would be to get a statement from the police department that had jurisdiction over where you were living at the time you were arrested stating that there are no open charges/convictions against you.

Edited June 13, 2019 by Going through

[StevenBui 0]

So what should I do now because I don’t have any documents from them

[Going through 5,671]

1 minute ago, StevenBui said:

So what should I do now because I don’t have any documents from them

I've said twice what you should do...suggest you re-read this thread.

[arken 4,197]

As said, just go to the police station where you were booked and ask them about your record. If there are no pending charges, get a formal statement in writing.

 

46 minutes ago, StevenBui said:

I never told this to my girlfriend because I feel very bad if I tell this to her. And we will getting married soon, I know that I have to answer the question in paperwork that “Do you have ever been arrested”. So what should I answer for that question? Because I never got charged for my case.

Please give me advices what should I do

Just wanted to comment on it: 

It’s amazing you are so focused on immigration aspect of your arrest but not the relationship aspect. If you feel bad telling het, how would she feel when she finds about it one day say after marriage. You want to immigrate via relationship, my advice is first make that relationship strong by telling her.

[Daphne . 1,887]

You never got your phone back and you think they threw it away?! 😳

As mentioned a couple of times already; request the documentation pro actively. You say you don’t think you received any so that means you have to ask for them now because you need them.

Also, this would be the time to inform your future wife about this.. 😉

[Cg2008 16]

ALWAYS be honest with your partner ...especially if you are getting married 😒 

[USS_Voyager 1,972]

20 hours ago, StevenBui said:

So what should I do now because I don’t have any documents from them

Call them. Go in person. State that you were arrested on this date and you want the report for that incident.