K1 - question about having lived somewhere illegally and how to deal with it in application

[Kittenlove 0]

Hello. I have a question for anyone that may know more than me about the K1 process. My fiance is Brazilian, and I'm American. We met in the UK in the fall of 2008. He was unfortunately in the UK for 2 years illegally before flying home to Brazil, therefore he most likely will not be able to get a criminal background record for his time there. So we weren't going to mention the fact that he was there for that long of a time period. He entered about a year and a half before we met, and obviously his passport stamp will say as much, whereas mine will say I entered much later.

If I tell the USCIS we met in the Fall of 2008 in UK, will they ask for both our passport stamps, in order to prove our whereabouts during our meeting? This will incriminate him that he was there illegally, and bring up the problem that he can't get a criminal record for the UK. What would an alternative be for us? How can we not incriminate him during this process, but still tell the truth about where and when we met?

Any ideas?

[Anh map 2,098]

Where you met isn't an issue. The USCIS doesn't enforce other country's immigration laws.

Yes, you would both submit copies of your passports to show that you were in the same country at the same time.

Him getting the police report is required. Here is where the reports are obtained for the UK >>>> http://www.acpo.police.uk/certificates.asp

[Otto 83]

Any ideas?

Yes.. Do not lie or otherwise falsify information.

[Kittenlove 0]

Where you met isn't an issue. The USCIS doesn't enforce other country's immigration laws.

Yes, you would both submit copies of your passports to show that you were in the same country at the same time.

Him getting the police report is required. Here is where the reports are obtained for the UK >>>> http://www.acpo.police.uk/certificates.asp

K but the police of the UK won't issue him a report once they know he stayed there illegally, surely? And once we've already incriminated him but can't get him a police record, then we're screwed.

Edited December 29, 2009 by Kittenlove

[Dakine 26]

K but the police of the UK won't issue him a report once they know he stayed there illegally, surely? And once we've already incriminated him but can't get him a police record, then we're screwed.

Makes it tough now with computers to get by with anything but the truth . 1 click and there's inconsistancies and you are history.

If it were me I'd talk to a couple of attorneys.

[sachinky 465]

Unfortunately, having lived their illegally, your SO will be unable to get a PCC.

Without the PCC, a US immigrant visa will NOT be issued.

Contact an attorney.

[Ladylethal 12]

Yes, lying about his stay in UK is a big no no. Never lie on your immigration applications, interviews, etc. Truth is your fiance was an illegal in UK and now he has to face the consequences. Consult with a competent immigration attorney on the best way to proceed with your particular case.

[scotty's girl 1]

I know someone here in VJ who worked in Israel but then she overstayed, just not sure how long. Her situation may be different from yours, but you can try doing what she did.

She didn't have her passport with her anymore, so the Israel Embassy here in Manila wouldn't give her a police clearance. She then sent an email to the Philippine consulate in Tel Aviv and told them about her problem. They just issued a letter/statement saying that she did work there but didn't have her passport anymore, that's why she couldn't get an Israeli police clearance. She showed the letter to the embassy, and she's now in the states.

Hope this helps. Good luck.

Edited December 29, 2009 by scotty's girl

[Chica Yeyé 41]

Unfortunately, having lived their illegally, your SO will be unable to get a PCC.

Without the PCC, a US immigrant visa will NOT be issued.

Contact an attorney.

Exactly right. Not only contact an attorney, but please, please, please do not lie to USCIS. Besides the fact that it is highly uncool; God knows how, but they will find out, and that will only screw you over even more.

[Creel 0]

My husband was in Italy illegally for almost two years. He had snuck in, so there was no stamp in his passport. We showed pictures of us together in Italy and he went to the Albanian Embassy there to renew his passport and I just submitted that letter with a date on it to show that he was in Italy as the same time as me. The hardest thing will be to get the police report, but as he entered legally, I would think you could request one without much problem. Don't mention his over stay and just ask for the police report. Lots of people here have gone through the same thing and the US only cares if you have broken US immigration law, not another countries. Whatever you do don't lie, because if you get caught there is no way they will let him in.

[Mandy P 3]

According to my attorney, it is not a big deal. The USCIS only cares if you have been in the USA illegally. Most likely your fiance will have to return to the home country in order to intervew and get a visa. Make sure that their passport gets stamped when leaving the country you met in. It will help with proving you were together there in that country.

[Chica Yeyé 41]

According to my attorney, it is not a big deal. The USCIS only cares if you have been in the USA illegally. Most likely your fiance will have to return to the home country in order to intervew and get a visa. Make sure that their passport gets stamped when leaving the country you met in. It will help with proving you were together there in that country.

You are partially right - USCIS does not care about illegal presence elsewhere, but if a petitioner is not able to provide a police certificate, there will be trouble, and RFE's for it. In this and similar cases it is not about proving legal residence, it is about proving no criminal activity.

[payxibka 10,047]

Unfortunately, having lived their illegally, your SO will be unable to get a PCC.

Without the PCC, a US immigrant visa will NOT be issued.

Contact an attorney.

this is wrong... Not all countries have available police records and they still issue immigrant visas. If you are unable to get a PC because the issuing authorities refuse to provide the the consulate will "waive" this requirement. Bring documentation that the UK authorities will NOT issue it because of circumstance.

However, in reading the info from ACPO there does not appear to be a restriction to an illegal resident not getting a PC

http://www.acpo.police.uk/certificates.asp

http://www.acpo.police.uk/Certificates/Pol...0App%20Form.pdf

Edited December 29, 2009 by payxibka

[Chica Yeyé 41]

this is wrong... Not all countries have available police records and they still issue immigrant visas. If you are unable to get a PC because the issuing authorities refuse to provide the the consulate will "waive" this requirement. Bring documentation that the UK authorities will NOT issue it because of circumstance.

However, in reading the info from ACPO there does not appear to be a restriction to an illegal resident not getting a PC

http://www.acpo.police.uk/certificates.asp

http://www.acpo.police.uk/Certificates/Pol...0App%20Form.pdf

Thanks brother payx for clearing this one for me as well

[Brother Hesekiel 2,236]

1) Do not lie to USCIS. Not because others say so but because you don't know where your journey make take you.

2) USCIS doesn't care about British immigration violations. What you have to prove to them is that you met your finance within the past 2 years.

He can't get a police report from the Brits 'cause he wasn't a resident. He could have been a tourist in the UK while you met and he could have traveled the World with a backpack for the past 5 years and it would be the same scenario.

You give them what you can provide them with and if there' something you can't provide and they send you an RFE because of it you explain that.

Don't open doors that you don't have to.