K3 at NVC step, police report requirement

[squentna 0]

I'm USC and K3 wife is in Chile. NVC requested police reports from everywhere the wife has lived since age 16 for more than a year and she's 59 yrs old. Wife declared living in Spain 20 years ago, time value of 3 Tourist-Visas worth of time. Total was more than a year, she would leave Spain travel to France and return the next day with a new tourist visa before the current Visa would expire.) She never 'overstayed'.

In the interest of total honesty the wife and I declared this time in Spain, and NVC requested the usual 'police reports'. These police reports are hard to obtain in Spain if 'immigration' documents were never issued. She only recieved the the tourist Visa, and legally I might add. We have family members in Spain, working on obtaining these documents. We we are still waiting months later and making no progress. We had to send a power of attorney to the family to petition the Police Department (more delay).

Question: is the time living in a country (as defined by the NVC forms) considered in the Agregate or per Occurrence? Could we argue that each turist visa was for less than 6 months at a time so the time 'living in the country' was less than a year?

Next: She did the same thing in England!

During the stays she had no contact with any government, landlord, power, postal or anything. She was just a young female family member living in the house.

Now, I wonder if we did the right thing by declaring it using the aggregate logic, (of course we did) or not declaring it (and using the "per Occurrence" logic?).

Is there an official source or precedence that would clarify this problem?

[filirican 3]

oh my gosh! it happened so long ago..wishing u the best..good luck!

[payxibka 10,045]

others have had time in same country aggregated....

[squentna 0]

others have had time in same country aggregated....

I don't like the sound of "aggregated".

We may need an immigration lawyer at this time.

Sometimes the government I work for seems to be illogical.

[squentna 0]

others have had time in same country aggregated....

Aggregated! ouch.... This is good information, and we suspected we weren't going to get a police report no matter what we did if she was a simple tourist. I guess most people don't have the money to live for extended periods overseas so it doesn't come up very often. We have decided to:

1- send in the passport pages for the time period of 31 years ago to present.

2- The information that information about "third party nationals who were not immigrants have no information available" which is posted on the BCIS website.

3- Then throw in the information that we made a good faith effort using available resources.

Thanks! David

[pushbrk 12,569]

others have had time in same country aggregated....

Aggregated! ouch.... This is good information, and we suspected we weren't going to get a police report no matter what we did if she was a simple tourist. I guess most people don't have the money to live for extended periods overseas so it doesn't come up very often. We have decided to:

1- send in the passport pages for the time period of 31 years ago to present.

2- The information that information about "third party nationals who were not immigrants have no information available" which is posted on the BCIS website.

3- Then throw in the information that we made a good faith effort using available resources.

Thanks! David

Probably shot yourself in the foot. "Residing" or "living" is not allowed on a "tourist" visa, so technically, she visited Spain instead of "living in" Spain. Good luck. There ARE instructions on what do do if a document isn't available but I'm not sure I'd want to disclose how she worked the system as the excuse for why a police report isn't available.

Edited September 8, 2008 by pushbrk

[squentna 0]

Probably shot yourself in the foot. "Residing" or "living" is not allowed on a "tourist" visa, so technically, she visited Spain instead of "living in" Spain. Good luck. There ARE instructions on what do do if a document isn't available but I'm not sure I'd want to disclose how she worked the system as the excuse for why a police report isn't available.

My foot still hurts! Hopefully a simple explanation that we did not understand the difference between 'residing' and 'visiting' when the question was asked and answered on the earlier forms we submitted. Then prove it with the Passports. I went over the dates again and they add up to a year from 1976 to 1989. Perhaps we are over-reacting to something.

We'll cross our fingers and hope we don't get a bunch of RFE's and they will understand that perhaps our honesty, anxiety and fear is what led to the misunderstandings without any explanations. There is nothing to explain.

"pushbrk", your level headed comments are appreciated on the forums. Thanks.