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Krystina and Andy

His police record...Hrmm.

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Filed: K-1 Visa Country: England
Timeline

Hi,

Been reading up on the police records and certificates. Sadly, I did not realize that I could have ordered this a month ago, and I received our packet from the London embassy in the mail today. I have a question about his arrest record.

When he was much younger (but old enough to know better), he was arrested twice for being drunk in public. Once he was arrested because his mates were stealing flower pots from people's front gardens, he was cautioned and let go the same night, and the second was a bit trickier.

He was drunk, of course, and he threw a rock at some hecklers behind him and his friends. Well, being drunk, his aim was not at its best, and the rock hit and broke a store window. He had to appear in Magistrate's court, where he was cautioned because it was his first offence, and he paid a fine for the court costs and for the repair of the window. He's not sure if this is going to be on his record, but of course, we will just roll with the assumption that it is.

What do we answer in terms of have you ever been convicted, arrested or charged with any crime? He technically wasn't charged for anything, but he was arrested. I know it must seem self-explanatory, but I'm just trying to be sure.

It says exactly:

Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty or other similar legal action? Have you ever unlawfully distributed or sold a controlled substance(drug), or been a prostitute or procurer for prostitutes?

Selling drugs and being arrested for breaking a window falls under the same category!

Any help is much appreciated...thanks x :help:

September 2005- Andrew and I met

January 2006- He finally got the courage to ask me out!

June 2006- Moved in together

December 2006- Engaged!

January 27th 07- mailed the I-129F to Texas

February 15th 07- received NOA1!

May 7th 07- "Touched"!!!

May 8th 07- "Touched" Again!!!

June 6th 07- Received the packet from the embassy in London, no approval letter or anything sent before that!

June 12th '07- Visa Medical in London

June 26th 07- online notification that our application was approved (a little late i would say!)

June 27th 07- Interview date scheduled!

August 7th- Interview at London

August 23 07- Moved to Texas

October 6 07- Married...yay!!!!!!!!!!! Best day of our lives!

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Hi,

Been reading up on the police records and certificates. Sadly, I did not realize that I could have ordered this a month ago, and I received our packet from the London embassy in the mail today. I have a question about his arrest record.

When he was much younger (but old enough to know better), he was arrested twice for being drunk in public. Once he was arrested because his mates were stealing flower pots from people's front gardens, he was cautioned and let go the same night, and the second was a bit trickier.

He was drunk, of course, and he threw a rock at some hecklers behind him and his friends. Well, being drunk, his aim was not at its best, and the rock hit and broke a store window. He had to appear in Magistrate's court, where he was cautioned because it was his first offence, and he paid a fine for the court costs and for the repair of the window. He's not sure if this is going to be on his record, but of course, we will just roll with the assumption that it is.

What do we answer in terms of have you ever been convicted, arrested or charged with any crime? He technically wasn't charged for anything, but he was arrested. I know it must seem self-explanatory, but I'm just trying to be sure.

It says exactly:

Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty or other similar legal action? Have you ever unlawfully distributed or sold a controlled substance(drug), or been a prostitute or procurer for prostitutes?

Selling drugs and being arrested for breaking a window falls under the same category!

Any help is much appreciated...thanks x :help:

It sounds like a conviction to me. Your best bet is to pull a report and verify.

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Filed: K-1 Visa Country: South Africa
Timeline
Hi,

Been reading up on the police records and certificates. Sadly, I did not realize that I could have ordered this a month ago, and I received our packet from the London embassy in the mail today. I have a question about his arrest record.

When he was much younger (but old enough to know better), he was arrested twice for being drunk in public. Once he was arrested because his mates were stealing flower pots from people's front gardens, he was cautioned and let go the same night, and the second was a bit trickier.

He was drunk, of course, and he threw a rock at some hecklers behind him and his friends. Well, being drunk, his aim was not at its best, and the rock hit and broke a store window. He had to appear in Magistrate's court, where he was cautioned because it was his first offence, and he paid a fine for the court costs and for the repair of the window. He's not sure if this is going to be on his record, but of course, we will just roll with the assumption that it is.

What do we answer in terms of have you ever been convicted, arrested or charged with any crime? He technically wasn't charged for anything, but he was arrested. I know it must seem self-explanatory, but I'm just trying to be sure.

It says exactly:

Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty or other similar legal action? Have you ever unlawfully distributed or sold a controlled substance(drug), or been a prostitute or procurer for prostitutes?

Selling drugs and being arrested for breaking a window falls under the same category!

Any help is much appreciated...thanks x :help:

It sounds like a conviction to me. Your best bet is to pull a report and verify.

Even if he wasn't convicted, the question asks if he'd ever been ARRESTED OR convicted. And he's been arrested, so you've got to disclose it. Besides, it'll look worse if you don't answer yes, and they find out later about these events, it'll look like you lied about them, so it's always better to disclose.

My K-1 Timeline:

02/08/2007: Engaged on top of Table Mountain!

03/27/2007: Sent I129f to NSC

04/04/2007: NOA1 (from CSC)

06/27/2007: NOA2!!!!!!!!!!!!

07/09/2007: Paper NOA2 in the mail

07/13/2007: NVC sent our petition to Jo'burg!!

07/27/2007: Packet 3

09/20/2007: Successful Interview!!!

09/27/2007: Visa in hand

10/02/2007: E's flight lands at 2:10 in Chicago!!!!!!

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Even if he wasn't convicted, the question asks if he'd ever been ARRESTED OR convicted. And he's been arrested, so you've got to disclose it. Besides, it'll look worse if you don't answer yes, and they find out later about these events, it'll look like you lied about them, so it's always better to disclose.

That is the distinction that needs to be made. That is why they need to pull the report.

You cannot be convicted, without being arrested first.

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Filed: K-1 Visa Country: England
Timeline

Thanks for the help. I understand the technicalities of the question, it's just so difficult to tick yes, seeing as how he has never sold drugs or been a pimp! It just makes it look like he is admitting to selling drugs or prostitution, when really, all he is admitting to is that he was arrested.

Oh well. I'm sure it's not the first time someone has had to look like a felon, and I'm sure he'll have the opportunity to clear it up, even at the interview stage. I wish it was separated in to two questions!

How do I pull a report and verify? Sorry, naive in matters regarding the police!

Hi,

Been reading up on the police records and certificates. Sadly, I did not realize that I could have ordered this a month ago, and I received our packet from the London embassy in the mail today. I have a question about his arrest record.

When he was much younger (but old enough to know better), he was arrested twice for being drunk in public. Once he was arrested because his mates were stealing flower pots from people's front gardens, he was cautioned and let go the same night, and the second was a bit trickier.

He was drunk, of course, and he threw a rock at some hecklers behind him and his friends. Well, being drunk, his aim was not at its best, and the rock hit and broke a store window. He had to appear in Magistrate's court, where he was cautioned because it was his first offence, and he paid a fine for the court costs and for the repair of the window. He's not sure if this is going to be on his record, but of course, we will just roll with the assumption that it is.

What do we answer in terms of have you ever been convicted, arrested or charged with any crime? He technically wasn't charged for anything, but he was arrested. I know it must seem self-explanatory, but I'm just trying to be sure.

It says exactly:

Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty or other similar legal action? Have you ever unlawfully distributed or sold a controlled substance(drug), or been a prostitute or procurer for prostitutes?

Selling drugs and being arrested for breaking a window falls under the same category!

Any help is much appreciated...thanks x :help:

It sounds like a conviction to me. Your best bet is to pull a report and verify.

Even if he wasn't convicted, the question asks if he'd ever been ARRESTED OR convicted. And he's been arrested, so you've got to disclose it. Besides, it'll look worse if you don't answer yes, and they find out later about these events, it'll look like you lied about them, so it's always better to disclose.

September 2005- Andrew and I met

January 2006- He finally got the courage to ask me out!

June 2006- Moved in together

December 2006- Engaged!

January 27th 07- mailed the I-129F to Texas

February 15th 07- received NOA1!

May 7th 07- "Touched"!!!

May 8th 07- "Touched" Again!!!

June 6th 07- Received the packet from the embassy in London, no approval letter or anything sent before that!

June 12th '07- Visa Medical in London

June 26th 07- online notification that our application was approved (a little late i would say!)

June 27th 07- Interview date scheduled!

August 7th- Interview at London

August 23 07- Moved to Texas

October 6 07- Married...yay!!!!!!!!!!! Best day of our lives!

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Filed: K-1 Visa Country: England
Timeline

Just in case someone every needs the same information in the future, Andrew rang Hampshire police, who said that it might/might not be on record, it depends on the individual force.

Also, a caution is not a conviction, and if you were cautioned, even if you appeared in court, you have not been charged with a crime, nor have you been convicted. You can call the data protection officer who can look up your records and tell you whether or not the caution is still on your record.

We are still answering yes to the arrested question, but am going to put in a letter explaining that it was a caution and not to do with selling drugs and women!

Thanks for the help. I understand the technicalities of the question, it's just so difficult to tick yes, seeing as how he has never sold drugs or been a pimp! It just makes it look like he is admitting to selling drugs or prostitution, when really, all he is admitting to is that he was arrested.

Oh well. I'm sure it's not the first time someone has had to look like a felon, and I'm sure he'll have the opportunity to clear it up, even at the interview stage. I wish it was separated in to two questions!

How do I pull a report and verify? Sorry, naive in matters regarding the police!

Hi,

Been reading up on the police records and certificates. Sadly, I did not realize that I could have ordered this a month ago, and I received our packet from the London embassy in the mail today. I have a question about his arrest record.

When he was much younger (but old enough to know better), he was arrested twice for being drunk in public. Once he was arrested because his mates were stealing flower pots from people's front gardens, he was cautioned and let go the same night, and the second was a bit trickier.

He was drunk, of course, and he threw a rock at some hecklers behind him and his friends. Well, being drunk, his aim was not at its best, and the rock hit and broke a store window. He had to appear in Magistrate's court, where he was cautioned because it was his first offence, and he paid a fine for the court costs and for the repair of the window. He's not sure if this is going to be on his record, but of course, we will just roll with the assumption that it is.

What do we answer in terms of have you ever been convicted, arrested or charged with any crime? He technically wasn't charged for anything, but he was arrested. I know it must seem self-explanatory, but I'm just trying to be sure.

It says exactly:

Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty or other similar legal action? Have you ever unlawfully distributed or sold a controlled substance(drug), or been a prostitute or procurer for prostitutes?

Selling drugs and being arrested for breaking a window falls under the same category!

Any help is much appreciated...thanks x :help:

It sounds like a conviction to me. Your best bet is to pull a report and verify.

Even if he wasn't convicted, the question asks if he'd ever been ARRESTED OR convicted. And he's been arrested, so you've got to disclose it. Besides, it'll look worse if you don't answer yes, and they find out later about these events, it'll look like you lied about them, so it's always better to disclose.

September 2005- Andrew and I met

January 2006- He finally got the courage to ask me out!

June 2006- Moved in together

December 2006- Engaged!

January 27th 07- mailed the I-129F to Texas

February 15th 07- received NOA1!

May 7th 07- "Touched"!!!

May 8th 07- "Touched" Again!!!

June 6th 07- Received the packet from the embassy in London, no approval letter or anything sent before that!

June 12th '07- Visa Medical in London

June 26th 07- online notification that our application was approved (a little late i would say!)

June 27th 07- Interview date scheduled!

August 7th- Interview at London

August 23 07- Moved to Texas

October 6 07- Married...yay!!!!!!!!!!! Best day of our lives!

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Filed: K-1 Visa Country: Turkey
Timeline

Hi Krystina,

I'd make sure to disclose all the details requested. My take on it is that these antics happened in the past and sound like little more than (foolish) youthful folly. Everyone was young at one time and did dumb things (save those who are perfect). The offenses don't sound all that awful. Be forthcoming on the forms and make sure that the restitution made is documented.

By comparison, if he had a history of public drunkeness arrests with fines for damaging property, then I'd be worried .. and certainly if he committed a more serious crime. But that's not what this sounds like. Hopefully, the petition will be reviewed with perspective.

Good luck!

MM and MS

P.S. You don't want to give the embassy any reason to question his or your credibility. That's the reason you want to include the cautions. IF they learn about the cautions and they weren't disclosed, then it leads the consulate to wonder what else wasn't disclosed. My two cents.

Hi,

Been reading up on the police records and certificates. Sadly, I did not realize that I could have ordered this a month ago, and I received our packet from the London embassy in the mail today. I have a question about his arrest record.

When he was much younger (but old enough to know better), he was arrested twice for being drunk in public. Once he was arrested because his mates were stealing flower pots from people's front gardens, he was cautioned and let go the same night, and the second was a bit trickier.

He was drunk, of course, and he threw a rock at some hecklers behind him and his friends. Well, being drunk, his aim was not at its best, and the rock hit and broke a store window. He had to appear in Magistrate's court, where he was cautioned because it was his first offence, and he paid a fine for the court costs and for the repair of the window. He's not sure if this is going to be on his record, but of course, we will just roll with the assumption that it is.

What do we answer in terms of have you ever been convicted, arrested or charged with any crime? He technically wasn't charged for anything, but he was arrested. I know it must seem self-explanatory, but I'm just trying to be sure.

It says exactly:

Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty or other similar legal action? Have you ever unlawfully distributed or sold a controlled substance(drug), or been a prostitute or procurer for prostitutes?

Selling drugs and being arrested for breaking a window falls under the same category!

Any help is much appreciated...thanks x :help:

MM and MS

San Francisco and Istanbul

I-129F Received (CSC): February 21, 2007

Filing Fee Check Cashed: February 26, 2007

NOA1 Issued: February 28, 2007

Touched: March 1, 2007

Touched: May 7, 2007

RFE Issued: May 8, 2007

RFE Reply Sent: June 25, 2007 (wrong PO Box)

RFE Reply Sent: July 12, 2007 (correct address)

RFE Reply Received (CSC): July 19, 2007

Touched: July 20, 2007

NOA2 Issued: July 27, 2007

Petition Received (NVC): August 20,2007

Petition Sent to Embassy (Ankara, Turkey): August 22, 2007

Packet 3 Arrived: September 11, 2007

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Filed: AOS (apr) Country: Saint Lucia
Timeline

I would tend to disagree with some of the information that I am seeing here. I have never been to a UK court. However, as a police officer in the Caribbean, where the legal system is based/derived from the UK legal system, I think I am able to shed some light on this situation.

He will not be taken to a magistrate's court without first being charged. The magistrate will not caution him without first hearing the case against him. After hearing the case, the magistrate will either find him guilty or not guilty. If he is found not guilty, the case will be dismissed. If he is found guilty, the magistrate might impose a fine or imprisonment or both. In the case of a guilty verdict, where the magistrate decides that the case is not of a very serious nature, he/she may decide to caution, reprimand and discharge the defendant.

A caution from a magistrate is very different from a caution by police, and there will indeed be a record of it.

AOS TIMELINE

02/15/2008 - Mailed Package via Overnight

02/18/2008 - Delivered

02/26/08 - Check cashed

02/28/08 - Received 3 noa's in mail : AOS, EAD and AP, Notice Date 02/25/08

03/11/08 - I-485 Transferred to CSC... EAD and AP still not in online system

03/12/08 - Boimetrics

03/22/08 - Touched

03/24/08 - Touched

04/04/08 - Touched

04/22/08 - EAD card production ordered, AP approval notice sent

04/29/08 - EAD Approval Notice Sent

05/02/08 - EAD arrived in mail

05/09/08 - AP touched

05/13/08 - AOS APPROVED!!!!!!

05/14/08 - AP arrived in mail

05/16/08 - Approval notice sent

05/20/08 - Green Card arrived in mail!!!!! Huge sigh of relief...

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