Police Clearance for my I-485 form (K-1 Visa)

[xjimmygreenx 0]

Good morning

Okay I am currently living in the USA and have been since the 29th April 2016. I love it here and got married last Saturday and everything is good. We are looking through the I-485 form and it mentions police checks and clearance.

I had two done back in the UK and the cost of several hundred dollars as the USCIS website said they only lasted for six months. When I had my medical they told me I wasted my money and basically told me that information was incorrect

on the website and they indeed last for one year. Now the reason for the post and my joining this forum is we are unsure if I need to include the police check I submitted while I made my K-1 application back last year. I had one thing (Arrest ten years ago) happen which I included in my application but there is no paper work for this. It was thrown out of court and it never appeared on my record. I included this information truthfully on my G-325A/I-149F and told the doctor during my medical and he told me I really shouldn't of said anything but I prefer to tell the truth. Now on this I-485 Form it talks about police checks/clearance. I have looked on forums to see if this applies to me and I am still not sure. Like I said I have already submitted a police check for my initial k-1 application with the London embassy. Please can anyone help I am not sure what to include in the I-485, I don't want to unnecessarily delay my own application and nor do I wish to avoid the truth.

Any help would be greatly appreciated

Regards

Edited June 21, 2016 by xjimmygreenx

[Pitaya 2,577]

~Moved from K1 Process to Fam.-based AOS Forum~

~Inquiry about AOS-related process, past K1~

[Pennycat 880]

Include it, if for no reason other than consistency (they'll see your K1 application and answering the same question 2 ways is generally not a good idea).

You'll notice though that the question on the I-485 is a lot broader than on the DS-160. Whereas on the DS-160 (your K1 application) it asked if you've ever been *charged* with a crime (even if thrown out or expunged), the I-485 asks if you've ever been *arrested or detained* for any reason even if no charges were filed. So, it's possible that for some people the answer on DS-160 is "no" but on I-485 the answer is "yes".

In your case it sounds like the answer is yes for both and whoever told you that at the medical either doesn't know own what they're talking about, or is one of those people who thinks that "what you can get away with saying" is the same thing as "honest and truthful". You'd be surprised how many people consider these things to be one in the same.

So for you, check the instructions for I-485 linked below (this is best practices anyway. There's a LOT in there that's not on the form), page 3 under "Initial Evdience" Part 1, A through D...whatever your situation is (sounds like B?) provide the evidence requested. If you don't have the paperwork or if it doesn't exist, the best you can do is provide the police certificate showing a clear record (which would be sufficient for A....so I guess the question were "were charges ever filed").

[xjimmygreenx 0]

Thanks for the answer1

Okay but I don't have it with me it's back in the UK. Am I going to have to get yet another one done? Seems excessive considering it is blank and they already have a copy. I was under the impression the questions in the I-485 were intended to check if someone has broken the law while they have been in the USA. They have a copy of my ACRO police check It seems silly which I provided in my initial K-1 application back in the UK. I guess Ill have too see if I can get the one from December sent over to me. It does puzzle me how or why they would ask for the same paper work or police check I have already given to the UCIS.

Edited June 21, 2016 by xjimmygreenx

[Pennycat 880]

  On 6/21/2016 at 3:40 PM, xjimmygreenx said:

Thanks for the answer1

Okay but I don't have it with me it's back in the UK. Am I going to have to get yet another one done? Seems excessive considering it is blank and they already have a copy. I was under the impression the questions in the I-485 were intended to check if someone has broken the law while they have been in the USA. They have a copy of my ACRO police check It seems silly which I provided in my initial K-1 application back in the UK. I guess Ill have too see if I can get the one from December sent over to me. It does puzzle me how or why they would ask for the same paper work or police check I have already given to the UCIS.

You gave it to the State Department, not USCIS. Also-- did you leave it with the embassy at your interview? We took ours back and saved it, knowing we'd need it for AOS. If you left it with the embassy, USCIS may have a copy of it in your file somewhere and that may be sufficient. You could answer that question that way (yes, provide explanation, say that police certificate is with the documents provided to the embassy) and see if you get an RFE or not.

We're in a similar situation (prior arrest, no charges) but brought his police certificate to the US with him because we knew we'd need it. We're still mid process too so I really couldn't tell you if this "it's with the K1 documents" would work or not.

I don't totally understand why you had to get two clearances already (did you get one done a long time before the embassy sent you the checklist/instructions and it expired? I believe they're generally only good for 6 months), but either way they won't care. They simply don't care about the burden or expense on the applicant. Fair or not, that's their take on it. They need what they need and they don't care what you need to do to provide it, unfortunately.

[Pennycat 880]

  On 6/21/2016 at 3:40 PM, xjimmygreenx said:

Thanks for the answer1

Okay but I don't have it with me it's back in the UK. Am I going to have to get yet another one done? Seems excessive considering it is blank and they already have a copy. I was under the impression the questions in the I-485 were intended to check if someone has broken the law while they have been in the USA. They have a copy of my ACRO police check It seems silly which I provided in my initial K-1 application back in the UK. I guess Ill have too see if I can get the one from December sent over to me. It does puzzle me how or why they would ask for the same paper work or police check I have already given to the UCIS.

Oh and no. Please read the questions (and especially the instructions). That question clearly states "have you ever, in or outside the United States".... then asks about committing crimes and/or being arrested or detained, and the instructions make it clear that it is with or without charges.