police certificate regarding arrests

[KimberlyandMark 1]

My fiancee will be applying for a police certificate once we get appropriate package from the consulate in London. He has been arrested but charges were dropped since the charge was not valid. (his ex had him arrested for assault but witnesses and evidence proved the arrest was bogus) Do you think we are going to have a problem getting approved for his K-1 visa?

Thanks,

Bella

[English Muffin 59]

Without knowing exactly what is written on his Police certificate it's impossible to even guess.

And there's no need to wait for Packet 3 to apply for it, he can do it now because it's good for a year. The sooner he gets it the sooner he'll know what he's dealing with.

[KimberlyandMark 1]

Without knowing exactly what is written on his Police certificate it's impossible to even guess.

And there's no need to wait for Packet 3 to apply for it, he can do it now because it's good for a year. The sooner he gets it the sooner he'll know what he's dealing with.

I think we will apply for it when we get our NOA 2. We are sending in our original submission packet next month when he comes back to visit. I would hate for him to get it and then be one of those couples that has to wait for over a year for everything to get processed and then have to get a new one. Thanks for the quick reply English Muffin!

Sincerely,

Bella

[English Muffin 59]

Ok. From reading your first post I thought your next step was to get Packet 3, I didn't realise you hadn't filed yet. So until you get that Police report there's nothing you can do but speculate, and that's never a good thing!

How long ago was the 'assault' incident? Has he traveled to the US since then on the VWP? Does he have a B2 for his next visit?

The reason I ask these questions is the the I-94W asks if you've ever been arrested or convicted of a Crime Involving Moral Turpitude and he may well have to tick yes on that, some serious assaults are CIMTs. Lying on the I-94W would not be a good idea right now, that could definitely have repercussions.

If the arrest was for a simple assault (no weapons involved or intent to commit serious bodily harm) he is probably ok but it really all comes down to what he was arrested for exactly. Does he have any paperwork from the incident?

I really don't want you to worry about this but it's best to make sure you know what you're dealing with now rather than later.

ETA: Has he completed his ESTA application for his next visit yet?

Edited April 15, 2009 by English Muffin

[Marty J 0]

I would say that it doesn't really matter what his police certificate says, as he's going to have to come clean about the whole thing anyway. The DS-156 he'll have to fill out when he applies for the visa asks:

"Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty or other similar legal action?"

So not mentioning it, even if his police certificate comes back totally clean, isn't really an option. I assume he has some sort of documentation relating to the arrest and the charges being dropped?

Edited April 16, 2009 by Marty J