*** Husband got arrested for "assault of a police officer", but charges dropped ***

[dirtyweebesom 8]

Years before I met my husband, he got arrested and charged with "assault of a police officer"! The case went to trial last year (by a judge, not a jury) and he was found innocent - and rightly so! His only "crime" was to have been in the wrong place at the wrong time, and to have been illegally pepper-sprayed by a cop who made up the assault charge to cover up his own huge mistake (you can't just go about pepper-spraying innocent people!).

When I sent off my AOS paperwork, I did wonder if I should include something to prove that my husband was found innocent. However, I never bothered because the guidelines didn't suggest to send anything of the like. Also, I just assumed that the FBI check would show that my husband had been found guilty. Now, I'm worried, however, because I've been looking around on the internet and have read that there can sometimes be mistakes on a criminal history record e.g. what if the innocent verdict was never recorded on my husband's?!

Does anyone know what I should do? Should I get my husband to send off for a copy of his criminal record? Or is this not really a big deal at all?

[Brother Hesekiel 2,236]

If the question is: "have you ever been arrested . . . " you'll need to answer with yes. If the question is: "have you ever been convicted of a crime . . . . " you can answer no.

Not that complicated, really.

[Kathryn41 3,205]

Did you include supporting documentation about the charge with the application? If no, you will probably get an RFE for it in which case you should include the documentation that shows he was found innocent of the charge. If you don't receive an RFE but get an interview, then you would definitely bring this documentary evidence to the interview. So, definitely have your husband send off for all of the documentation related to the charge, the trial and the decision.

Wait - who is the immigrant? You or your husband? If it is you, then you don't need to worry about your husband's criminal record - it isn't relevant at this stage of the game. If it is your husband who is the immigrant, then you do need to get the records.

Edited December 2, 2009 by Kathryn41

[dirtyweebesom 8]

Wait - who is the immigrant? You or your husband? If it is you, then you don't need to worry about your husband's criminal record - it isn't relevant at this stage of the game. If it is your husband who is the immigrant, then you do need to get the records.

Oh, yeah, sorry....No, I'm the immigrant; my husband is just the petitioner.

Kathryn, when you say that my husband's criminal record isn't relevant "at this stage of the game" does this mean that it will be relevant at some point? Should we therefore get a certified of his criminal history record, and court disposition, just to be on the safe side?

[FortLaudy 10]

I don't think it's relevant at all, only your criminal record... however if he got married and divorced a few times to foreign woman then THAT would raise a red flag, that bit of history would be relevant. My husband had a DUI when he was 20 and nowhere in the forms did they ask for his record, they check that themselves and it shouldn't mean anything... what... is he not allowed to ever get married if he tried to beat up a cop at one point in his life? lol... don't worry about it girl, it's YOUR criminal history that matters, not his...

[Kathryn41 3,205]

What I meant by saying 'at this stage of the game' is that it might have been relevant during the petition phase of a K-1 or K-3 visa where the criminal past of a petitioner must be disclosed to the person being petitioned. I was referring to something earlier in the immigration process not later, so no, it will not have a bearing on your immigration process from now on. You are judged on your own merits. As long as he is able to satisfy the terms of the Affidavit of Support (or you have a co-sponsor) USCIS really isn't that interested in your husband - just as long as he is in the picture .

Good luck with the filing.

Edited December 2, 2009 by Kathryn41

[dirtyweebesom 8]

I don't think it's relevant at all, only your criminal record... however if he got married and divorced a few times to foreign woman then THAT would raise a red flag, that bit of history would be relevant. My husband had a DUI when he was 20 and nowhere in the forms did they ask for his record, they check that themselves and it shouldn't mean anything... what... is he not allowed to ever get married if he tried to beat up a cop at one point in his life? lol... don't worry about it girl, it's YOUR criminal history that matters, not his...

Ha, as far as I know, I'm the only foreign woman he's married! At least he has never suggested otherwise. And, yes, even people who beat up cops deserve love! :-)

What I meant by saying 'at this stage of the game' is that it might have been relevant during the petition phase of a K-1 or K-3 visa where the criminal past of a petitioner must be disclosed to the person being petitioned. I was referring to something earlier in the immigration process not later, so no, it will not have a bearing on your immigration process from now on. You are judged on your own merits. As long as he is able to satisfy the terms of the Affidavit of Support (or you have a co-sponsor) USCIS really isn't that interested in your husband - just as long as he is in the picture .

Good luck with the filing.

Thanks for all your help, Kathryn. You're very knowledgable!