Criminal History?

[CharlieTanger 76]

So back when we filed for the K-1 Visa we had to list any crimes that your fiancé had committed. Just to be on the safe side (and I assume it was the right thing to do) we included a small (and extremely stupid lol) shoplifting crime (stole shaving cream) when my now-spouse committed at 15 years old. The police report was showing as “Not Active” or something alone those lines too.  

 

The terms “arrested” and “detained” (on the I-751 Instruction page) seem a bit harsh, which is making us think we should check “No.” The UK police report only said it was a “reprimand” (not an arrest or detainment) as a minor. 

 

Would this be considered “Yes” or “No” on “Criminal History” on the I-751? We weren’t sure since he was a minor at 15 years of age? I would assume they mean, for this instance, major crimes committed as an adult (over 18) since the terms seem a bit harsh (especially being that we’re almost 30 yrs old now)?? 

 

Any information would be helpful!  

[CharlieTanger 76]

Of course, if they are looking for charges fines and such UNDER AGE 18, we can provide those from the UK police report we sent in with our K-1 petition. 

 

We just assumed these these are for crimes OVER AGE 18...

[Villanelle 4,122]

Why would you make such an assumption?

 

Its best to read and interpret literally.  If the question reads "have you ever..." then its asking have you EVER, (the literal meaning of ever means has happened at least one time in your lifetime)

[mindthegap 2,590]

If it appeared on the UK police report, then there must have been something on the PNC which you had to declare, which is why it would have said 'no live trace'.

 

If it wasn't an issue at the K-1 stage it won't be now, but you are still required to list it and be truthful.

 

 

You will have to do it again come N-400 time too

Edited November 14, 2017 by mindthegap

[CharlieTanger 76]

12 minutes ago, mindthegap said:

If it appeared on the UK police report, then there must have been something on the PNC which you had to declare, which is why it would have said 'no live trace'.

 

If it wasn't an issue at the K-1 stage it won't be now, but you are still required to list it and be truthful.

 

 

You will have to do it again come N-400 time too

 

Got ya. I just wasn’t sure if we had to list it because he was a minor at the time and wasn’t fined or arrested.  Yes, that was it - “No Live Trace.”

[CharlieTanger 76]

Do we just have to explain what the situation was? Should we include the No active trace police report that we sent off two years ago with the K-1? 

[CharlieTanger 76]

It was considered a “Caution” 

[mindthegap 2,590]

38 minutes ago, CharlieTanger said:

Do we just have to explain what the situation was? Should we include the No active trace police report that we sent off two years ago with the K-1? 

yes.

'One incident in xxxx - theft of xxxx. No charges, no court appearance, no sentencing. Outcome was a police caution.

No need to include the police certificate, but if you have a copy of the original caution sheet include that.

 

(I have to do exactly the same for my single caution a couple of decades ago on every USCIS filing too).

Edited November 14, 2017 by mindthegap

[CharlieTanger 76]

24 minutes ago, mindthegap said:

yes.

'One incident in xxxx - theft of xxxx. No charges, no court appearance, no sentencing. Outcome was a police caution.

No need to include the police certificate, but if you have a copy of the original caution sheet include that.

 

(I have to do exactly the same for my single caution a couple of decades ago on every USCIS filing too).

Thank you so much! That’s exactly what we’ll do.