Police Certificate and Domicile

[Arthur Roberta 1]

Trying to get all our documents together to prepare for what we hope will be an approval of our I 130. We currently have an NOA 1 date of the 20th of Oct 2008 so we are hoping it won't be too long.

I the beneficiary have been in the USA since Jan 2005 (apart from some visits to the UK in 2005 and 2006) and came here originally on a K3 visa for which I provided at that time a UK police certificate showing there was no record of convictions as is required. My original petitioner passed away and without going into reams of explanation I have since re married to my wonderful wife Roberta.

In order to complete the immigration process I have been advised that I leave the USA, for which I have a flight booked at the end of the month, and go through the immigration process back in the UK. Whilst in the US, I have lived in two counties in North Carolina and am really at a loss what to do about the Police Certificate requirement?

If there is anyone out there who can advise I would be very grateful.

Arthur and Roberta

Edited March 6, 2009 by Arthur Roberta

[YuAndDan 153]

Note: Present and former residents of the United States should NOT obtain any police certificates covering their residence in the U.S.

http://travel.state.gov/visa/immigrants/in...195.html#police

Moving this to NVC forum, foreign citizen docs will be collected and given to NVC with DS-230.

Edited March 6, 2009 by YuAndDan

[Arthur Roberta 1]

That's excellent news and I thank you for that. I was getting concerned as the end of the month is fast approaching. The help given on visajourney is invaluable and I applaud those more knowledgeable for their help.

Best wishes

Arthur and Roberta

[YuAndDan 153]

About the K-3, When did the origional petitioner pass? The moment that happens the K-3 becomes invalid and the visa holder has 30 days to return home, if remain in the USA longer than 180 days after that, then overstay can result in a bar, that may require a waiver filed at the request of the visa interviewing officer.

Unfortunately you cannot adjust status in your situation, the requirements of AOS is status adjustment based on marriage to the petitioner who filed for the K-3.