K-1 Visa Police Certificate/Questions

[AnYmous 0]

Hi All!

I am mailing out my k-1 visa application today I have a couple of questions for the veterans out there:

My finacee and I met here in the USA while she stayed here while she was here through her au pair program. We recently got engaged and we are going through this process.

- In March, my fiancee and I got into a minor dispute and she was arrested, it was a misunderstanding and her entire case was nolled. She was not kicked out of her au pair program nor diciplined. We went through family services and what was an immature spat was sorted out and all is forgotten (everyone makes mistakes).

When her section of the petition reaches her in her country will she have to get a police certificate of her stay in the U.S.A? If so, will her nolled charge hurt us? How long will it take to get her certificate if so if she is in South America?

We are both worried and everyday sucks without her. I don't want one misunderstanding effect our lives together. Like I said her charges were nolled, I only hope this doesn't delay our process please help.

[Chica Yeyé 41]

She will have to provide police records from all places where she lived for more than 6 months since turning 16, excepting the US. US authorities will conduct their own investigation.

[Otto 83]

She will not need to obtain a police certificate from the US - USCIS/DOS will run the necessary computer checks. Am not sure what you mean by 'nolled' however. It may be a good idea to look into whether or not you can get the arrest record expunged though.

[AnYmous 0]

She will not need to obtain a police certificate from the US - USCIS/DOS will run the necessary computer checks. Am not sure what you mean by 'nolled' however. It may be a good idea to look into whether or not you can get the arrest record expunged though.

Hey guys thank you for your responses!

Her lawyer refered to the case as nolle meaning:

Nolle prosequi (pronounced /ˈnɒli ˈprɒsəkwaɪ/;[1] Latin: [ˈnolːe ˈproːsekwiː]) is a Latin legal phrase meaning "not to pursue." It is the term used in many common law criminal jurisdictions to describe a prosecutor's application to discontinue criminal charges before trial, or up until, but before verdict.[2]

[Chica Yeyé 41]

There still was an arrest --- see if you can get the record expunged. AND familiarize yourself with the definition and classifications of "crimes of moral turpitude" --- if the charges fall within said classes, there might be a problem and you need to be prepared. Google is your friend.

[AnYmous 0]

There still was an arrest --- see if you can get the record expunged. AND familiarize yourself with the definition and classifications of "crimes of moral turpitude" --- if the charges fall within said classes, there might be a problem and you need to be prepared. Google is your friend.

Well I am thinking if they thought she was such a risk to the public, they would have deported her and made her leave. She went out of the country during her legal process and they let her back in (vacation), so I am thinking the charges wouldn't constitute any problems. None the less, I was looking for some sort of re-assurance.

If they approve my petition then they have already reviewed her information correct?

[Chica Yeyé 41]

Not necessarily. Your I-129 petition is one thing; the second part -afte I-129 approval- is the visa application; where is when the criminal records check happen.