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Marina-Del

Fiancee spent 3 years illegally in the UK, problem?

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Filed: Citizen (pnd) Country: Brazil
Timeline

Hey everyone....I have a question that I cant seem to find the answer for. I remember reading AGES ago that this is not a problem, but I wanted to see for myself!

I met my Brazilian fiancee while we were both working in London. He lived in London for 2.5 years and worked there the whole time. The only trouble is, he was illegal there. He was able to work because our place of work didn't ask questions.

So, I dont plan on coming out and telling USCIS or the consulates about this. However, if they ask, I know I shouldnt lie. We are sending in passport stamps from our passports showing holidays that we went on together and Im a bit concerned that they might ask HOW he was living in the UK.

I definitely dont want to lie to them if they ask, because I know that's just plain stupid, but I wanted to know if anyone had any advice. For example, do you think that the US will care that he lived in London illegally. He's never even been to the US -although he did apply for a visa about 4 years ago to visit his cousin there and was denied. (that's information that we'll put on the forms that come later I suppose).

He is now living in Brazil. In all likelihood they wont even ask what visa he had in the UK...but if they do, do you think they will care?

Also, other than the fact that we have to inform them of his past attempts for a tourist visa to the USA, do you think they will mind about those?

Thanks for any help!!!

Marina

N-400 Naturalization Process

June 25, 2013 --Qualified for Citizenship!

October 12, 2017 --Electronically filed

October 13, 2017 --NOA1

October 31, 2017 --Biometrics Appointment -ATL

ROC

April 5, 2012 --Sent I-751 to Vermont Service Center

May 21, 2012 --Biometric Appointment at ATL office

December 12, 2012 --10 year Green Card in hand

DCF Process

October 10, 2009 --Married in São Paulo

January 14, 2010 --Filed I-130 at São Paulo Consulate for DCF

May 17, 2010 --VISA IN HAND!

June 24, 2010 --POE in Atlanta

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Filed: AOS (pnd) Country: New Zealand
Timeline

The US will care about the US. If they ask... you tell the truth.

Denied visitor's visa most likely will not effect the K1.

ALWAYS be honest throughout the process.

timeline.jpg

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Filed: Citizen (pnd) Country: Brazil
Timeline

Thank you! So basically, if he had been illegal in the US they would have a problem, but since it was not in the US they wont care...that's good news!

I would hope that they would not mind about his tourist visas being denied, but l like you said, they shouldn't.

Brazilians are required to get actual visas to visit the US and they had no reason to deny him before except for the fact that he didn't have the amount of money that they wanted him to have. He just wanted to visit his cousin which he hasn't seen now in 7 years! He never intended on overstaying in the US, like he did in London.

Hopefully they will see that!

Thanks again!

The US will care about the US. If they ask... you tell the truth.

Denied visitor's visa most likely will not effect the K1.

ALWAYS be honest throughout the process.

N-400 Naturalization Process

June 25, 2013 --Qualified for Citizenship!

October 12, 2017 --Electronically filed

October 13, 2017 --NOA1

October 31, 2017 --Biometrics Appointment -ATL

ROC

April 5, 2012 --Sent I-751 to Vermont Service Center

May 21, 2012 --Biometric Appointment at ATL office

December 12, 2012 --10 year Green Card in hand

DCF Process

October 10, 2009 --Married in São Paulo

January 14, 2010 --Filed I-130 at São Paulo Consulate for DCF

May 17, 2010 --VISA IN HAND!

June 24, 2010 --POE in Atlanta

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Filed: Citizen (apr) Country: Thailand
Timeline

If the US Embassy in Brazil knows he lived in UK for more than six months, they may ask for a police certificate from there (required for all places lived after 16 years old). Not sure if he will be able to get one if he wasn't there legally.

K-3

11/15/2006 - NOA1 Receipt for 129F

02/12/2007 - I-130 and I-129F approved!

04/17/2007 - Interview - visa approved!

04/18/2007 - POE LAX - Finally in the USA!!!

04/19/2007 - WE ARE FINALLY HOME!!!

09/20/2007 - Sent Packet 3 for K-4 Visas (follow to join for children)

10/02/2007 - K-4 Interviews - approved

10/12/2007 - Everyone back to USA!

AOS

06/20/2008 - Mailed I-485, I-765 (plus I-130 for children)

06/27/2008 - NOA1 for I-485, I-765, and I-130s

07/16/2008 - Biometrics appointment

08/28/2008 - EAD cards received

11/20/2008 - AOS Interviews - approved

Citizenship

08/22/2011 - Mailed N-400

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Filed: Citizen (pnd) Country: Brazil
Timeline

Hey! Thanks! I already thought about that!

I'm not exactly sure how it works either, but I plan on asking my local police guys really soon. Actually, this is my second time applying for a K-1 Petition. My previous fiancee petition was approved by the London consulate in May 2007. A couple months later though, my fiancee and I decided that getting married wasn't the best idea. So, we broke up and he never used the visa. We asked the London consulate what to do and they said to just let the visa expire. A couple months after the breakup I started dating my current fiancee. We lived together in London until he moved back to Brazil last month. So anyway, now that you know that background....to get the police certificate for my other fiancee -who was Australian- we just had to go to the police station and request the criminal background for his name. We showed some ID and then left. Never did they ask for a visa. Since he had no criminal background they just provided a document saying that his record was clear because they had no record of him. Therefore, I imigine it will be the same for my new fiancee.

Forever, I dont know how to get a police cert from the UK if you arent in the UK...so I need to find that out. I'll look around a bit online and see what I can come up with! Again for my ex he just had to contact the Australian police and pay them a fee to get his Australian police record sent to London, so hopefully it is similar to that!

N-400 Naturalization Process

June 25, 2013 --Qualified for Citizenship!

October 12, 2017 --Electronically filed

October 13, 2017 --NOA1

October 31, 2017 --Biometrics Appointment -ATL

ROC

April 5, 2012 --Sent I-751 to Vermont Service Center

May 21, 2012 --Biometric Appointment at ATL office

December 12, 2012 --10 year Green Card in hand

DCF Process

October 10, 2009 --Married in São Paulo

January 14, 2010 --Filed I-130 at São Paulo Consulate for DCF

May 17, 2010 --VISA IN HAND!

June 24, 2010 --POE in Atlanta

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Filed: AOS (apr) Country: Philippines
Timeline

Police Records

Available. Immigrant visa applicants who have resided in the United Kingdom for six months or more since the age of sixteen are required to obtain a statement from the Association of Chief Police Officers (ACPO) Criminal Records Office. Applicants will find further guidance and application forms at the following website: http://www.acpo.police.uk/certificates.asp

Consular officers who received “No Live Trace” results for an applicant should contact London’s Fraud Prevention Manager for further information. The Rehabilitation of Offenders Act 1974 enables some criminal convictions to become 'spent', or ignored, after a set length of time from the date of conviction. After this period, with certain exceptions, an ex-offender is not normally obliged to mention their conviction when applying for a job or obtaining insurance, or when involved in criminal or civil proceedings. The “No Live Trace” indicates that information may be available relating to a ‘spent’ conviction. “No Trace” indicates a clean police record.

Applicants are legally entitled to gain access to the information about themselves under Section 7 of the British Data Protection Act, 1998.

http://travel.state.gov/visa/frvi/reciproc...ocity_3699.html

YMMV

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Filed: Citizen (pnd) Country: Brazil
Timeline

Haha...thanks! I was just about to come and post almost the exact same thing!

Now it's there for anyone else! :)

N-400 Naturalization Process

June 25, 2013 --Qualified for Citizenship!

October 12, 2017 --Electronically filed

October 13, 2017 --NOA1

October 31, 2017 --Biometrics Appointment -ATL

ROC

April 5, 2012 --Sent I-751 to Vermont Service Center

May 21, 2012 --Biometric Appointment at ATL office

December 12, 2012 --10 year Green Card in hand

DCF Process

October 10, 2009 --Married in São Paulo

January 14, 2010 --Filed I-130 at São Paulo Consulate for DCF

May 17, 2010 --VISA IN HAND!

June 24, 2010 --POE in Atlanta

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