police certificate

[Beautifulday 16]

hi guys, as our k1 visa process is hopefully finally moving forward, i am starting to think about the interview and what all i need for it. i know that i need a police ceritificate from my country of birth, and i've also asked this question somebody before but i really want to make sure and know 100% that i am doing the right thing. I have "lived" in the US for two school years (with vacation break) as an exchange student (j and f student visas), 10 months at a time, with a host family, and attended the local high school, does this count as "residency"? Do i need a police ceritificate from the US? I just need to be sure, thanks!

[JIJourney 96]

hi guys, as our k1 visa process is hopefully finally moving forward, i am starting to think about the interview and what all i need for it. i know that i need a police ceritificate from my country of birth, and i've also asked this question somebody before but i really want to make sure and know 100% that i am doing the right thing. I have "lived" in the US for two school years (with vacation break) as an exchange student (j and f student visas), 10 months at a time, with a host family, and attended the local high school, does this count as "residency"? Do i need a police ceritificate from the US? I just need to be sure, thanks!

Yes you would need police certificates.

[KayDeeCee 4,896]

The above is incorrect information.

No police certificates from the US are needed.

This is under the info for immigrant visas, but it pertains to a K-1 too >

Note: Present and former residents of the United States need NOT obtain any U.S. police certificates

http://travel.state.gov/content/visas/english/immigrate/immigrant-process/documents/submit/documents-to-submit-to-nvc.html

[Beautifulday 16]

The above is incorrect information.

No police certificates from the US are needed.

This is under the info for immigrant visas, but it pertains to a K-1 too >

thank you, not sure i get it tho...it says from country of residence so basically when you're a citizen?

Edited July 18, 2014 by Beautifulday

[KayDeeCee 4,896]

thank you, not sure i get it tho...it says from country of residence so basically when you're a citizen?

No, a resident is not necessarily a US citizen. A resident means you resided in the US legally. Someone with a green card is a legal permanent resident. In your case you resided here legally on student visas. It is basically saying if you resided in the US at anytime, past or present, you do not need a police certificate from the US. You just need them from anywhere else you resided for 6 months or more since the age of 16.

[Beautifulday 16]

No, a resident is not necessarily a US citizen. A resident means you resided in the US legally. Someone with a green card is a legal permanent resident. In your case you resided here legally on student visas. It is basically saying if you resided in the US at anytime, past or present, you do not need a police certificate from the US. You just need them from anywhere else you resided for 6 months or more since the age of 16.

ok thank u so much for this!!

[JIJourney 96]

ok thank u so much for this!!

I guess this would confuse me too so sorry for the wrong answer on this. But I can see why you would get confused! lol

From my experience I have lived in Korea for more than 12 months so I guess I only would have "resided" there? lol. But my fiance is still getting police certificate from there because was also there more than 12 months

[bellejimmy 10]

I had a J1 too, I read up and you don't need a US police check

[CowBoE 429]

hi guys, as our k1 visa process is hopefully finally moving forward, i am starting to think about the interview and what all i need for it. i know that i need a police ceritificate from my country of birth, and i've also asked this question somebody before but i really want to make sure and know 100% that i am doing the right thing. I have "lived" in the US for two school years (with vacation break) as an exchange student (j and f student visas), 10 months at a time, with a host family, and attended the local high school, does this count as "residency"? Do i need a police ceritificate from the US? I just need to be sure, thanks!

Yes, it doesn't matter that you were a foreign student, visitor, etc.

The fact is you lived in US for more than 6 months, and they want to know

if you had committed any crime.

Get that started ASAP. When my son took an oversea's job for a year,

he had to get US police certificate (actually from FBI if I recall correctly),

and believe it or not, it took almost 5 months.

[CowBoE 429]

No, a resident is not necessarily a US citizen. A resident means you resided in the US legally. Someone with a green card is a legal permanent resident. In your case you resided here legally on student visas. It is basically saying if you resided in the US at anytime, past or present, you do not need a police certificate from the US. You just need them from anywhere else you resided for 6 months or more since the age of 16.

Are you sure on this?

My (Chinese) fiancee studied in Russia for 5 years, and when we called the Guangzou embassy,

they said the Russian police certificate was absolutely required, and we had to delay the

interview scheduling because of that.

The way I read it is, you have to provide police certificate from all countries that you resided more than 6 months

so that they can see if there was any criminal activity...

I could be wrong...but this is how it was explained to us by US embassy in China.

[CowBoE 429]

I had a J1 too, I read up and you don't need a US police check

My understanding is opposite, but I could be wrong.

Where did you find that J1 visa stay at another country is exempted from police certificate?

[CowBoE 429]

No, a resident is not necessarily a US citizen. A resident means you resided in the US legally. Someone with a green card is a legal permanent resident. In your case you resided here legally on student visas. It is basically saying if you resided in the US at anytime, past or present, you do not need a police certificate from the US. You just need them from anywhere else you resided for 6 months or more since the age of 16.

http://www.unh.edu/oiss/determining-whether-you-are-resident-or-non-resident-tax-purposes

According to this...J or H visa would be considered non-resident,

but I'm not sure if same meaning carries to K1 visa processing.

I stand corrected if I'm wrong, but I don't see clear evidence that foreign students

fall into "resident" category. Anyone with this situation can confirm.

[Beautifulday 16]

im confused guys...do i need it or not..

[CowBoE 429]

im confused guys...do i need it or not..

I google-d a bit on this, and I'm not finding firm answer on this.

The term "resident" is tricky and can possibly mean different things

in different situations (visa processing vs tax filing, etc.)

Therefore, at this point, here is what I wold do.

1) Call NVC, Department of State, and/or local embassy for clarification on this.

2) If you don't get a clear answer, then I would play safe and apply for the US police certificate.

3) If US police certificate doesn't arrive before the interview, I would proceed with the interview,

and if they don't ask for it, then it's great!

4) However, if they ask for it, then you can explain that you have requested it (by showing your receipt),

and they may let you get by (since they can look that up themselves)

or issue 221g to have you wait and submit that to them.

[Beautifulday 16]

I google-d a bit on this, and I'm not finding firm answer on this.

The term "resident" is tricky and can possibly mean different things

in different situations (visa processing vs tax filing, etc.)

Therefore, at this point, here is what I wold do.

1) Call NVC, Department of State, and/or local embassy for clarification on this.

2) If you don't get a clear answer, then I would play safe and apply for the US police certificate.

3) If US police certificate doesn't arrive before the interview, I would proceed with the interview,

and if they don't ask for it, then it's great!

4) However, if they ask for it, then you can explain that you have requested it (by showing your receipt),

and they may let you get by (since they can look that up themselves)

or issue 221g to have you wait and submit that to them.

ah dang this is extremely confusing.....i also dont know cuz i mean being on a student visa is just that, how would that fall under the category of residency....but then again, i stayed 10 months at a time as an exchange student....if it takes 5 months im screwed. yeah ill call the nvc