Queries (arrest and general)

[LeoLuz 0]

Hi there,

 

I am the beneficiary (UK citizen) and about to submit our forms for the first step of the k1 visa process. 
 

We appreciate process times are hard to gauge due to current times. 
 

One query I have is that I was placed under arrest in 2018. The interview I had must have literally been 5 minutes before the officer left the room, came back in and confirmed no further action would occur. I’m sure everyone says it but the arrest should not have happened and was a total concoction of someone’s vindictive imagination. To the point where I am now in talks with a solicitor and have submitted a formal complaint to the police force regarding wrongful arrest (solicitor believes there are grounds which I won’t go in to here unless needed as I suppose not relevant) 

 

My query is will the arrest cause issues with me being granted a visa? I see that when I do get my form I tick a box to state that I have been arrested (annoyingly it’s just one box whether it was just an arrest or convicted) and then a box to explain what happened which is fine. Will this cause issues? Does anybody have experience or knowledge of people who have gone through the process who have been arrested with no further action taken? 
 

It’s a rather long and costly process to get as far as the interview to find out they have a blanket rule on these kind of things I suppose is the reasoning for my asking and if it would cause issue with k1 is there an alternative where it isn’t an issue? (Cr1?) 

 

Other queries are that my fiancé (sponsor) father cannot recall which country he told the US he was born in (Palestine or Jordan) as it was so long ago - would this matter? 
 

Also it asks for both of us to submit passport photos of us taken within 30 days of sending the form. Do most people get them done in their respective countries and mail them to their fiancé’s in the US to send...? 

Last query is that given k1 is now delayed a lot, is it likely to take the same time as CR1 now as the main benefit of it seemed to have been speed. Or are C1 also delayed? As the benefit of c1 seems to be the ability to work immediately rather than waiting several months for a permit on k1. 
 

Many thanks for any insight and advice.

 

Leo

[SteveInBostonI130 3,467]

-For the arrest, you can get a police clearance certificate and see what it states.  

 

-I do not know what you are referring to about your fiance's dad not knowing "what he told the US".  You mean, he does not know what he put down for his immigrant visa or AOS application?  What does it say on his passport?

 

-Photos: you can mail them to your fiance, or send a digital photo that your fiance can print.  

 

-CR1's are not delayed.  They've been processed as normal and seem even faster than normal recently.

 

[LeoLuz 0]

Thank you for your reply.

 

My understanding is that the ACRO police certiifcate will only list convictions but of course i will need to tell them about the arrest so though the cert wont have anything on it relating (supposedly) it still happened.

 

By his father not know what he told the US - he arrived 30+ years ago and was born in palestine but due to the political situation regarding palestine he believes he may have said Jordan. I did not realise US Passports would state country of birth - i shall relay to my fiance to check.

 

I appreciate there is no real answer to this but since you mentioned the CR1 process seems ot be swifter - is there an approximation?

 

Many thnaks,

 

[Chancy 6,241]

12 hours ago, LeoLuz said:

I appreciate there is no real answer to this but since you mentioned the CR1 process seems ot be swifter - is there an approximation?

 

CR1/IR1 takes about 12 to 18 months from petition filing up to visa on hand.  Because spouse visa processing is considered mission-critical, there's only a slight delay because of consulate closures due to COVID.

 

Note also that CR1 visa holders get permanent resident status immediately upon entry to the US.  With K1, you still have to go through adjustment of status (AOS) to become a permanent resident after marrying.  That means more forms, more fees, more waiting.  It takes around 6 to 8 months from AOS filing to get work authorization, and around 1 to 2 years to get a green card.