Police records for another Country

[Giosmin 0]

Hi to all, 

It is amazing that some one told me about this community,

 

I have a question regarding my Consular proceeding for my wife CR-1 visa. I am new but I have been trafficking it for 3 weeks.

 

My question is the following, 

 

My I-130 got approved, it is now waiting for NVC email, I-797 received.

 

My wife is from Brazil, but she has been staying in Ensenada Mexico for the last year as a tourist with valid Mexican visas ( 2 legal entries of 180 days each), so for the police reports we need to submit from every where she has lived, do we need to submit one from Mexico even thought she was just staying as a tourist? She went to the state police and they told her that the police department doesn't issue police reports for tourist, that the only agency that issues it are the federal police in Mexico City and that it is only in person.  She is schedule to return to Brazil in  August, we still have not received the email to start our NVC process.  

We saw that on the website for the embassy in Rio, that it requires this document from all countries she has live in for more than 6 months?

 

Sorry for all the confusion, 

So the question is :

 

Does she has to get this report record from Mexico even thought she was just a tourist or it only applies if she moved there to reside in Mexico, like with a residency permit?

Any help will be appreciated, we had to cancel the flight back to Rio in case she needs to go to Mexico City to obtain that police document. 

 

Thank you very much, 

 

Giovanni & Iasmin (Giosmin)

 

[pushbrk 12,979]

Tourist status does not need a police report.  Visiting is not residing.  In her DS260 visa application she also would not indicate she was residing in Mexico.  She was only visiting.

Edited July 15, 2019 by pushbrk

[Giosmin 0]

Thank you sir, 

but like I mentioned she actually stayed for 6 months, the (180) day, exited the country and returned for another (180) days, to stay in Ensenada Mexico, so we could be together every other weekend, and also grow our marriage bond, so we had to rent a small apartment for those period of times, and also, we put on the I-130 that she stayed in mexico 

[jeanieCZ 228]

I doubt you can have a police record issued by a country where you have not resided but only stayed as a tourist.

[pushbrk 12,979]

3 hours ago, Giosmin said:

we put on the I-130 that she stayed in mexico 

That was an error.  The I-130 has no "stayed" questions.  It asks for residence history.

 

You could always TRY to get the certificate.  See here.

 

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

[Allaboutwaiting 2,503]

USCIS defines last residence as the country in which an alien habitually resided prior to entering the United States. (It does not mention legal residence or resident permits.)

My guess is you entered an address in Mexico on her petition and the period she's lived there.

If that's the case, getting a police certificate would be advisable. 

You could also wait until after the interview: they might request the police certificate or not. 

[pushbrk 12,979]

1 hour ago, Allaboutwaiting said:

USCIS defines last residence as the country in which an alien habitually resided prior to entering the United States. (It does not mention legal residence or resident permits.)

My guess is you entered an address in Mexico on her petition and the period she's lived there.

If that's the case, getting a police certificate would be advisable. 

You could also wait until after the interview: they might request the police certificate or not. 

Not sure a tourist can get the report in Mexico, but they can try.  Your definition above is correct but it includes the word "resided" not visited long term.  Words mean things and in this context, visiting is not "residing".  The rub comes from having already indicated she "resides" in Mexico, when she doesn't.  Can of worms.

 

[Allaboutwaiting 2,503]

@pushbrk  In Mexico, a foreigner can get a police certificate through their respective consulate.

Certainly the issue arose when they stated she resided in Mexico. 

 

Edited July 16, 2019 by Allaboutwaiting

[Allaboutwaiting 2,503]

8 hours ago, Giosmin said:

Thank you sir, 

but like I mentioned she actually stayed for 6 months, the (180) day, exited the country and returned for another (180) days, to stay in Ensenada Mexico, so we could be together every other weekend, and also grow our marriage bond, so we had to rent a small apartment for those period of times, and also, we put on the I-130 that she stayed in mexico 

Your wife stayed in Mexico for a year and you were together every other weekend. 

Did she work while being in Mexico? 

[pushbrk 12,979]

47 minutes ago, Allaboutwaiting said:

@pushbrk  In Mexico, a foreigner can get a police certificate through their respective consulate.

Certainly the issue arose when they stated she resided in Mexico. 

 

What's your reference for that?  I gave the link to the police report required by a Consular Officer for Mexico.  It comes from the Mexico Federales, not a foreign Consulate.

[Allaboutwaiting 2,503]

11 minutes ago, pushbrk said:

What's your reference for that?  I gave the link to the police report required by a Consular Officer for Mexico.  It comes from the Mexico Federales, not a foreign Consulate.

Mexico City government official information service. (In Spanish).

Edited July 16, 2019 by Allaboutwaiting

[pushbrk 12,979]

6 minutes ago, Allaboutwaiting said:

Mexico City government official information service. (In Spanish).

I can't read Spanish but if this says what it appears to say, I wonder why it isn't mentioned on the US Official site.  Strange indeed.

 

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

 

[Allaboutwaiting 2,503]

1 hour ago, pushbrk said:

I can't read Spanish but if this says what it appears to say, I wonder why it isn't mentioned on the US Official site.  Strange indeed.

Just found very recent images from information displayed AT the actual office that issues the certificates, where the requirements are the same as in the link you shared. 

 

It is also stated that the certificate will be issued JUST if it is requested by a foreign consulate in Mexico or a Mexican consulate abroad. 

In the OP's case, this COULD create some trouble, as it will be required by the US consulate in Brazil. So they might still need to pay a visit to the Brazilian consulate in Mexico. 

 

In any case, you were right: they should have avoided stating she resided in Mexico. Would have saved them a lot of hassle, stress and unnecessary expense. 

[Nitas_man 3,100]

Staying somewhere on a tourist visa isn’t residency.  Temporary rental isn’t residency either.  OP is chasing something here that won’t be required.

 

[Giosmin 0]

19 hours ago, pushbrk said:

That was an error.  The I-130 has no "stayed" questions.  It asks for residence history.

 

You could always TRY to get the certificate.  See here.

 

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

well, it said to write all the addressed that she had lived in the passed.

short term rental for 2 (6 months) we wanted to be straight forward because she hadn't been in Brazil, in a while and she had give up the apartment she had in Rio to move closer in Ensenada.