Do I have a criminal record?

[US2UK 33]

Hi all,

 

We have our NOA2 approval for a K1 Visa, and are waiting for the London embassy to reach out to us. I am aware that I'll be asked for my criminal history, but I have a very confusing situation!

 

During a verbal argument, my roommate was taking a video recording of me. She then called the police and made a false allegation that I had physically assaulted her. The police came to our home and *verbally* arrested me while they investigated, but I was never put in hand cuffs and I was able to freely move around my home. 

 

The officers checked the recording she made on her phone, found no physical evidence of marks on her body, and our other 2 roommates told the police that she had made everything up (they were there the entire time). The police de-arrested me after 20 minutes - due to lack of independent witnesses, physical evidence and video evidence. I was never taken to the police station or put in handcuffs etc. My ACRO (UK police certificate) shows no trace, an ACRO subject access request also comes back with nothing. 

 

What is the best way to proceed when I fill in the DS-160/ DS-260 (not entirely sure which one I'm meant to fill out, but I'm sure instructions will be provided) - the question that asks have you ever been arrested? I'm worried that if I say no, and they find out, they'll think I purposefully covered it up. But I also am worried that if I put "yes" they will want evidence of what the court said etc, but it never went that far.

Thanks in advance!

 

[debbiedoo 2,339]

you were never charged, so no.

 

i would also say no to the arrest. you could provide the police records that show nothing and give a brief explanation, but in this case i do not see it as being necessary.

Edited December 9, 2019 by debbiedoo

[US2UK 33]

7 minutes ago, debbiedoo said:

you were never charged, so no.

 

i would also say no to the arrest. you could provide the police records that show nothing and give a brief explanation, but in this case i do not see it as being necessary.

I was thinking the same. So I've seen a PDF version of the form online, it has a yes/no tick box, and then a box for further details. Do you know if the second box only shows up if I click "yes"? As I was hoping to click no, but for transparency to provide the same details I gave in the original post

[debbiedoo 2,339]

Im not sure. I got mad at my PDF filler and just printed it and filled everything by hand LOL

 

some fields you will have to anyways, as for some reason they never want to print out your response, even if you typed it.

[Sweetdreaming 397]

3 hours ago, US2UK said:

My ACRO (UK police certificate) shows no trace, an ACRO subject access request also comes back with nothing. 

no trace = no criminal record.

[SalishSea 18,120]

6 hours ago, US2UK said:

Hi all,

 

We have our NOA2 approval for a K1 Visa, and are waiting for the London embassy to reach out to us. I am aware that I'll be asked for my criminal history, but I have a very confusing situation!

 

During a verbal argument, my roommate was taking a video recording of me. She then called the police and made a false allegation that I had physically assaulted her. The police came to our home and *verbally* arrested me while they investigated, but I was never put in hand cuffs and I was able to freely move around my home. 

 

The officers checked the recording she made on her phone, found no physical evidence of marks on her body, and our other 2 roommates told the police that she had made everything up (they were there the entire time). The police de-arrested me after 20 minutes - due to lack of independent witnesses, physical evidence and video evidence. I was never taken to the police station or put in handcuffs etc. My ACRO (UK police certificate) shows no trace, an ACRO subject access request also comes back with nothing. 

 

What is the best way to proceed when I fill in the DS-160/ DS-260 (not entirely sure which one I'm meant to fill out, but I'm sure instructions will be provided) - the question that asks have you ever been arrested? I'm worried that if I say no, and they find out, they'll think I purposefully covered it up. But I also am worried that if I put "yes" they will want evidence of what the court said etc, but it never went that far.

Thanks in advance!

 

Sounds to me like there was never any documentation associated with the incident.  In the US, you can be 'detained' while the police evaluate whether to arrest, which sounds like what happened in your case.