Old police caution

[CharlieTanger 76]

My fiancé is from the UK. He is now 24 and had a minor petty theft police caution at the age of around 13 (stole a hairbrush).

Will this affect the K-1 process? Will it still remain on the police record?

[Nich-Nick 3,354]

My fiancé is from the UK. He is now 24 and had a minor petty theft police caution at the age of around 13 (stole a hairbrush).

Will this affect the K-1 process? Will it still remain on the police record?

If his police certificate comes back "no live trace" it is hidden (not live) on his police record. The US wants it declared on all forms that say "have you ever been convicted etc...." And he should additionally order a Subject Access Report from ACPO which will detail the charge.

It should not affect the visa if it was minor.

[Soup Dragon 104]

When I applied for my UK police certificate it only asked for addresses for the last ten years and the Consulate here in Frankfurt hasn't asked for anything earlier than that, although as Nich-Nick has said, be mindful that he must declare all convictions etc. Whether your fiance's records from age 13 are held, if at all because it was a caution, and would come up on Acro's search, I don't know.

You might find some useful info here: There is a helpline number so you could always make an anonymous call to find out.

http://www.acro.poli...rtificates.aspx

[JCV 5]

After 6 years. It is filtered off and you do not need to disclose it, and it will not come on as a caution – theoretically the police could put this on as enhanced disclosure at the bottom, but most unlikely unless you have some other problem with them. i found this online.

[Nich-Nick 3,354]

After 6 years. It is filtered off and you do not need to disclose it, and it will not come on as a caution theoretically the police could put this on as enhanced disclosure at the bottom, but most unlikely unless you have some other problem with them. i found this online.

I have found from reading UK posts for seven years that you do have to disclose even a UK caution to the US government if you want a a visa, a greencard, or citizenship. A UK caution is a guilty plea that is handled without going formally to court. If you don't take something to your London interview stating the exact charge, then you will be asked to get that before approval. It's a delay when you could have ordered your SAR the day you saw your police certificate said "no live trace". Those take much longer to receive. I know a guy from Cambridge whose citizenship was put on hold at the interview while he ordered something from the UK to detail letting air out of tires when he was 12.

If an interview is in Germany, I don't know what they will require.

[DaveNot 55]

Also, bear in mind that a subject access request takes up to 40 days to receive. It isn't a document you want to order at the last minute.

Edited February 19, 2015 by DaveNot

[JCV 5]

I have found from reading UK posts for seven years that you do have to disclose even a UK caution to the US government if you want a a visa, a greencard, or citizenship. A UK caution is a guilty plea that is handled without going formally to court. If you don't take something to your London interview stating the exact charge, then you will be asked to get that before approval. It's a delay when you could have ordered your SAR the day you saw your police certificate said "no live trace". Those take much longer to receive. I know a guy from Cambridge whose citizenship was put on hold at the interview while he ordered something from the UK to detail letting air out of tires when he was 12.

If an interview is in Germany, I don't know what they will require.

What would happen if you did not write this on the application, as you did not know until you received your certificate, if you bring the certificate and the assess form to the interview would that be ok?

I ask this as when i was 13 with some friends we got took to a police station as they had shoplifted not completely sure if i was cautioned or not!

[Soup Dragon 104]

I have found from reading UK posts for seven years that you do have to disclose even a UK caution to the US government if you want a a visa, a greencard, or citizenship. A UK caution is a guilty plea that is handled without going formally to court. If you don't take something to your London interview stating the exact charge, then you will be asked to get that before approval. It's a delay when you could have ordered your SAR the day you saw your police certificate said "no live trace". Those take much longer to receive. I know a guy from Cambridge whose citizenship was put on hold at the interview while he ordered something from the UK to detail letting air out of tires when he was 12.

If an interview is in Germany, I don't know what they will require.

Consulate here in Frankfurt requires British and German police certs. Even though my addresses from the last ten years in the UK goes back to when I was 32 they have not asked for anything prior to this or from when I was 16. I just applied through the ACRO website and got sent the document! I did worry at first because I thought that the police certificates had to go back to age 16.

[CharlieTanger 76]

I have found from reading UK posts for seven years that you do have to disclose even a UK caution to the US government if you want a a visa, a greencard, or citizenship. A UK caution is a guilty plea that is handled without going formally to court. If you don't take something to your London interview stating the exact charge, then you will be asked to get that before approval. It's a delay when you could have ordered your SAR the day you saw your police certificate said "no live trace". Those take much longer to receive. I know a guy from Cambridge whose citizenship was put on hold at the interview while he ordered something from the UK to detail letting air out of tires when he was 12.

If an interview is in Germany, I don't know what they will require.

We didn't mention this on the K-1 petition. We didn't even think to because of his age at the time.

Will this be ok up until the interview if he provides all information?

What happens if the police certificate comes back clear?

[CharlieTanger 76]

Also, bear in mind that a subject access request takes up to 40 days to receive. It isn't a document you want to order at the last minute.

Also, how do you get the SAR? After the police cert?

[JCV 5]

Also, how do you get the SAR? After the police cert?

http://www.acro.police.uk/subject_access.aspx

[JCV 5]

We didn't mention this on the K-1 petition. We didn't even think to because of his age at the time.

Will this be ok up until the interview if he provides all information?

What happens if the police certificate comes back clear?

anyone know the answer.. i am in the sam situation...

i am thinking it will be OK since it was a genuine mistake, we can't be the first for this to happen,, as long as we get the access form and the certificate and be honest at the interview that we forgot/didn't even know about it, it should be ok... unless it was a more serious caution that happened when you weren't a child anyway

[CharlieTanger 76]

I just checked our K-1 application and the only crimes it asked you to check off for were "major" ones. It doesn't mention small petty crimes.

So I guess you simply just need to bring to the interview the Police Certificate AND the SAR. Is this correct?

You you think a small crime at such a young age like that won't have any affect on the visa?

Edited February 19, 2015 by CharlieTanger

[JCV 5]

I just checked our K-1 application and the only crimes it asked you to check off for were "major" ones. It doesn't mention small petty crimes.

So I guess you simply just need to bring to the interview the Police Certificate AND the SAR. Is this correct?

You you think a small crime at such a young age like that won't have any affect on the visa?

my lawyer told me not to worry, the only crimes which can affect the visa are things like drugs etc

[JCV 5]

my lawyer told me not to worry, the only crimes which can affect the visa are things like drugs etc

i also just looked at my i130 and g325 and can't even find a question asking, so is it in the next stage for cr1 filers?