Disclose or not to disclose (AOS)

[Brittani 484]

Me and my fiance are currently doing the K1 process. His interview is coming up next month. I'm trying to prepare ahead and I was just reading over the AOS application and there is a question on there stated as "Have you ever been arrested, cited, charged, OR detained for any reason by any law enforcement official? It says if yes then provide a copy of the complete arrest report or an official statement from the officer/agency.

 

Well, he was detained for questioning at the Orlando airport this past January because he had made so many frequent trips back and forth to the US. They never arrested him or did a report, they only questioned him. I have no idea if this is even on his file or not. They let him continue his trip and told him to wait until he had his K1 to come back. 

 

Is this something that he needs to include in the application? I don't want to not include it and then they see it and question why we were hiding it but I don't want to include it and it's not even an issue and that throws a red flag and if I do include it there's no way to even get any copies of what is asked because nothing was really done to him other than getting questioned....anyone gone through this before? I just don't want to mess anything up....

[payxibka 10,047]

1 minute ago, Brittani said:

Me and my fiance are currently doing the K1 process. His interview is coming up next month. I'm trying to prepare ahead and I was just reading over the AOS application and there is a question on there stated as "Have you ever been arrested, cited, charged, OR detained for any reason by any law enforcement official? It says if yes then provide a copy of the complete arrest report or an official statement from the officer/agency.

 

Well, he was detained for questioning at the Orlando airport this past January because he had made so many frequent trips back and forth to the US. They never arrested him or did a report, they only questioned him. I have no idea if this is even on his file or not. They let him continue his trip and told him to wait until he had his K1 to come back. 

 

Is this something that he needs to include in the application? I don't want to not include it and then they see it and question why we were hiding it but I don't want to include it and it's not even an issue and that throws a red flag and if I do include it there's no way to even get any copies of what is asked because nothing was really done to him other than getting questioned....anyone gone through this before? I just don't want to mess anything up....

Secondary inspection does not qualify

[Brittani 484]

Just now, payxibka said:

Secondary inspection does not qualify

Ok thanks. I wasn't even sure what the term for it was. He'd never been through that before. The officer just basically questioned him and was like look man you've been taking advantage of the tourist visa. I'd advise you not to visit again and just wait until you have your K1 visa. He let him go on his way.

[arken 4,197]

32 minutes ago, Brittani said:

Ok thanks. I wasn't even sure what the term for it was. He'd never been through that before. The officer just basically questioned him and was like look man you've been taking advantage of the tourist visa. I'd advise you not to visit again and just wait until you have your K1 visa. He let him go on his way.

So he was never arrested, cited, charged, OR detained. Problem solved.

[Brittani 484]

6 minutes ago, arken said:

So he was never arrested, cited, charged, OR detained. Problem solved.

The guy told him at the moment he was considered detained but nothing was ever documented to our knowledge. I just didn't want to take any chances, ya know? Immigration is so touchy especially at the moment.

[TNJ17 1,329]

That’s not what that question is talking about. That’s asking about his criminal history. Being denied entrance to the US or questioned at immigration is not criminal history.

[Brittani 484]

Just now, TNJ17 said:

That’s not what that question is talking about. That’s asking about his criminal history. Being denied entrance to the US or questioned at immigration is not criminal history.

Ok, thanks!

[ahmedahmadyar 41]

People on this website worry and stress way too much. No offense to yourself. If no record was ever made of his "detainment" then you would not need to mention it as nobody could ever find out unless you or your fiance volunteered that information to them.

[Brittani 484]

3 minutes ago, ahmedahmadyar said:

People on this website worry and stress way too much. No offense to yourself. If no record was ever made of his "detainment" then you would not need to mention it as nobody could ever find out unless you or your fiance volunteered that information to them.

No offense taken. You are 110% right haha. It's just our life...we've been waiting for three years and I'm terrified we'll screw this up over ignorance and I just can't be without him.

[misken 61]

8 hours ago, ahmedahmadyar said:

People on this website worry and stress way too much. No offense to yourself. If no record was ever made of his "detainment" then you would not need to mention it as nobody could ever find out unless you or your fiance volunteered that information to them.

If his secondary inspection was actually a secondary, then a note would have been left on his file. It won't adversely affect the K1 visa process, but if the fiancee was ever directly asked if they went to secondary (I don't see why they would ask, but who knows), it is always important to never lie.