Will Arrest (charges dropped) affect K1 process

[MakingWaves72 0]

Hi there.

i live in the uk and am to marry my US fiance

we have been together since end of 2015 and he proposed this year.

Unfortunately we had a stupid drunken incident in Tennessee last year (July) 

I was arrested to my dismay and was charged. Everyone involved was super nice really and just told me it was a process and that if the cops get called in US, someone will be arrested. We hired a lawyer and got the charges dropped without me having to go to court or speak to anyone. Horrible situation and it made me worry about the future of our relationship.

 

i have been back to the US since, I went in April this year using my B1/b2 visa that I obtained March 2017 and I did get called for secondary checks in Atlanta. I produced evidence that the charges were dropped with online records from the Tennessee court website. (The officer laughed that I’d gone to the effort, she said it was ‘sweet’...) I sat in a room with others for 45 minutes, then was called to a desk with another officer. Was asked to produce my return ticket then was free to go. I even made my connecting flight. 

 

We are now applying for the k1 visa. And obviously I am worried this will affect it!! 

I intend to be completely honest about it whenever asked and we are thinking of hiring an immigration attorney in the US to help us through the process.

 

i hope anyone looking at the situation can realise that me and my fiancé have put the incident behind us and we just want to be together.

 

hoping for some advice from maybe someone who has had a similar experience 

 

thank you (anxiety levels are high) !!!!

 

[Wuozopo 4,293]

You don't even get a police certificate for the US,  but you will be asked at various points in your immigration life --Have you ever been been....followed by various words like arrested, detained, charge, convicted...I forget all of them. So you get to say yes and explain.

 

Print whatever you have of the charges, dismissal, etc and take copies to any interview in case they want more official information than your telling. I don't see where that would keep you from getting a K1 visa in London. You didn't even get convicted. People that got convicted for drugs get visas.  The medical exam people will want to see you U.K. Police certificate at the exam mostly to check out if you have had drug/alcohol arrests that might indicated abuse or addictions. If you admit you have ever tried weed even once twenty years ago they will administer a drug test to make shire you are clean now. Otherwise you would not be routinely screened.  

Edited July 1, 2018 by Wuozopo

[MakingWaves72 0]

6 hours ago, Wuozopo said:

You don't even get a police certificate for the US,  but you will be asked at various points in your immigration life --Have you ever been been....followed by various words like arrested, detained, charge, convicted...I forget all of them. So you get to say yes and explain.

 

Print whatever you have of the charges, dismissal, etc and take copies to any interview in case they want more official information than your telling. I don't see where that would keep you from getting a K1 visa in London. You didn't even get convicted. People that got convicted for drugs get visas.  The medical exam people will want to see you U.K. Police certificate at the exam mostly to check out if you have had drug/alcohol arrests that might indicated abuse or addictions. If you admit you have ever tried weed even once twenty years ago they will administer a drug test to make shire you are clean now. Otherwise you would not be routinely screened.  

Thanks for talking some sense into me. Fair points made. I’ll be as prepared and truthful as can be, that’s all I can be 

 

[JFH 12,191]

You don’t state what the “drunken incident” was and whether you were the only one arrested. Whilst you should have no problem with regard to your eligibility for a visa, the CO may want further details if the “incident” was a matter of domestic violence - remember that in some states domestic violence can be as simple as yelling at your girlfriend, it doesn’t have to involve physical injuries. The CO may be concerned for your safety. Was your boyfriend arrested? What were you charged with? 

 

COs have a duty of responsibility to ensure that anyone immigrating to live with someone who has a history of DV or many other crimes is not at risk. See my timeline for a review of my interview in London where I was questioned about my husband's felony from 20 years earlier and that was for theft! If your boyfriend was arrested, whether he was charged or not, take as much paperwork as you can from that arrest to the interview to show that you are fully aware of what happened and you are still happy to proceed. 

[MakingWaves72 0]

No he was not arrested and never has been. 

Only really want to have to go into detail if necessary as was incredibly embarrassing and to now have to live with the fact it happened. I was charged for assault.

They asked me what it was for at the first CO officer in Atlanta when I travelled this April. I briefly explained and she was nice and sympathetic but I had to go for secondary checks where I submitted the court paperwork.

i wasn’t asked once any details about what happened. Was simply asked for my return ticket and got my usual 6 month stamp. He said I’d need to do this every visit now. So to expect it. Nice guy really.

 

Hopefully the CO officer dealing with our case can see that we have put it behind us as we have been together since and now want to get married. 

 

Bottom line lesson truly truly learned the hard way. I don’t really drink anymore. Maybe a glass or two of wine every few months but I dont go out to bars drinking anymore. 

[MeghanK 629]

On 7/1/2018 at 7:52 AM, NickyStarr13 said:

Only really want to have to go into detail if necessary as was incredibly embarrassing and to now have to live with the fact it happened. I was charged for assault.

Hey, don't be so hard on yourself, stuff happens. You have much less to worry about with a dropped charge than a conviction [and really, you don't have much to worry about at all]. You're taking all the right steps with the court paperwork. Just be honest and open about it along the way. In my opinion based on research, you likely won't need a lawyer, to be honest, not for a dropped charge. Good luck! Don't stress!