Consulate Interview; beneficiary with arrest

[USBFLO 0]

We have an interview scheduled in Montreal at the end of January. The only issue we feel concerned about is the beneficiary was arrested about 3 years ago. At the time, the beneficiary and her disgruntled former husband were legally separated. They were selling their maritall home and got into an argument relating to moving items from the property so as to avoid the buyers walking away prior to closing.  He became physical with her so she threatened to call the police. Since he works for the high court and an arrest could jeopardize his job, he called the cops on her and made a false claim that she was holding a knife during the “assault”. Later that evening, she was arrested at the residence at which she was staying. The courts did not even hear the case and the accusation was withdrawn - no plea, no conviction. Hence, no crime was actually committed and certainly not admitted to, but we are afraid it won’t be viewed that way and the arrest, in and of itself will be an issue.  Her record is being expunged but we rightfully stated the arrest on the DS-160.  We have the documents showing  the accusation was withdrawn and have letters to support her high moral character. Any sense as to how this will be viewed or any suggestions on what to do to ensure the visa is approved?

Edited December 15, 2019 by USBFLO

[NikLR 13,234]

No idea but she will need to make sure she gets the right police report stating the arrest. 

[USBFLO 0]

@NikLR  thanks. I’m fairly certain we have the correct RCMP report and certified copy of the report and document from the court showing the withdrawal of accusation. Just not sure if we should take additional steps or whether the 601 would apply (or let the CO indicate whether it applies if denied). 

[NikLR 13,234]

1 hour ago, USBFLO said:

@NikLR  thanks. I’m fairly certain we have the correct RCMP report and certified copy of the report and document from the court showing the withdrawal of accusation. Just not sure if we should take additional steps or whether the 601 would apply (or let the CO indicate whether it applies if denied). 

If a waiver is needed it won't be asked for until after interview. However because this was not a conviction I doubt any waiver will be asked for. 

[JFH 12,195]

Has she obtained a police report? What is mentioned on there? If there’s nothing on the record and the case was dropped then there is no issue. If a waiver is needed she will be told so at the interview. Only then can you start the process of filing the waiver. 

*~*~*moved from “K-1 fiancé visa progress reports” to “embassy discussion”*~*~*

[USBFLO 0]

@JFH she does have the police report which mentions the (false) accusation and reason for arrest. On same page, the report shows the accusation being withdrawn. Still worried because RCMP report shows arrest and category, despite no (real) crime or conviction. 

[JFH 12,195]

Just now, USBFLO said:

@JFH she does have the police report which mentions the (false) accusation and reason for arrest. On same page, the report shows the accusation being withdrawn. Still worried because RCMP report shows arrest and category, despite no (real) crime or conviction. 

All she can do is take it to the interview and hope for the best. If it shows withdrawn, that’s a positive sign. You could browse the “waivers” section of this forum to see other experiences and their outcomes to get an idea of the likelihood of a possible result. But it all comes down to the judgment call of the consular officer on the day.

 

Through visiting this forum on a regular basis I have come to the realization I am married to the only guilty person in the world...