Questions regarding AOS and arrest, and k2

[Tina and Johan 206]

Hi. 2 questions about filing AOS: first, does my husband or the K2 sign the I-485? K2 is 10. Husband signed it where it says "person preparing form." Second, my husband was arrested several years ago and charges were dropped. Nothing showed up on his police cert and when he went to the Garda, he was told there was nothing for them to print up. Cut to the interview at the embassy, he explained there was nothing to submit, it isn't on the police cert, they said no problem, approved. NOW, filing for AOS, he came to the question "have you ever been arrested...?" Like normal, he answers truthfully and then goes to look up the way to supplement this "yes" answer. They want an official statement from the arresting agency that no charges were filed. Ugh. Why, now that He no longer lives in the country from where he'd get this information, do they want this?! Can he submit a copy of his police cert or something else? An explanation? This is very frustrating, jumping through the same hoops. >

[Hypnos 6,576]

You'll need to obtain either a certified copy of the disposition from the arresting agency, or a letter from them stating that no records of it exist.

[Rose&Jorge 8]

Hi. 2 questions about filing AOS: first, does my husband or the K2 sign the I-485? K2 is 10. Husband signed it where it says "person preparing form." Second, my husband was arrested several years ago and charges were dropped. Nothing showed up on his police cert and when he went to the Garda, he was told there was nothing for them to print up. Cut to the interview at the embassy, he explained there was nothing to submit, it isn't on the police cert, they said no problem, approved. NOW, filing for AOS, he came to the question "have you ever been arrested...?" Like normal, he answers truthfully and then goes to look up the way to supplement this "yes" answer. They want an official statement from the arresting agency that no charges were filed. Ugh. Why, now that He no longer lives in the country from where he'd get this information, do they want this?! Can he submit a copy of his police cert or something else? An explanation? This is very frustrating, jumping through the same hoops. >

He will need a court record now. the court record will show that the charges were dropped.

If the charges were dropped he should of just answered no.

[Hypnos 6,576]

No he should not. If he was arrested then the fact that no charges were brought does not erase the arrest; it must have been declared and the OP's husband was correct to do so.

Edited July 28, 2014 by Hypnos

[Tina and Johan 206]

He's declared the arrest the whole process; he won't begin lying now. Here is what we've decided to do: he's answered yes to being arrested, of course. We are enclosing copies of a letter he received from the Garda during the K1 process stating nothing shows up on his record, and also a copy of his police cert from Ireland (we know they aren't asking for this). We've mailed out a letter to the person who can give him what USCIS is asking for, explaining the situation, asking for what's necessary, and have included a self-addressed stamped envelop. We are preparing for the RFE and still sending out the AOS package by Friday.

[Tina and Johan 206]

update: My husband got the letter back from the Garda yesterday (2 and a half months later!) stating that the charges were filed and dropped, on letterhead. He's yet to receive an RFE for this, but now we have the letter.