J1 (no two-year rule) married to USC

[Stiva82 0]

Hello there,

 

I have a j1 visa (two-years rule doesn't apply) which expires on July 31 2020 and am now married to a USC - we both live in the US now. I'm preparing my application and I was wondering if there is a detailed list of documents that I can follow. I'm asking because I see/hear different things from different sites/sources. 

Also an important clarification: I lived in Canada for 6 years and am from Italy; do I need to add the criminal records from both countries? I'm asking this because of form i-485, sections 25-45 "have you ever been arrested...". Briefly, about 5 years ago, because of an argument, I was brought to the Canadian police station, fingerprinted, but released after one hour or so, no charges were pressed or anything and, after a few months, I got my case destroyed by the police station with an official request. Do I need to answer "yes" to question n. 25.

 

I'd really appreciate some guidance.

All the best

S

 

 

[Dashinka 24,493]

Try here.  Also, don’t forget the I944 which is a new form not included in the guide yet.

 

Good Luck!

 

 

[Stiva82 0]

2 minutes ago, Dashinka said:

Try here.  Also, don’t forget the I944 which is a new form not included in the guide yet.

 

Good Luck!

 

 

Thank you so much Dashinka! That helps, and yes I already downloaded I-944. Any thoughts regarding question 25? It is honestly making me nervous.

Best

S.

[Dashinka 24,493]

Do you have documentation or a police report from that event?  I am not a police officer, but to me it sounds like it may have been an arrest. 

[Stiva82 0]

2 minutes ago, Dashinka said:

Do you have documentation or a police report from that event?  I am not a police officer, but to me it sounds like it may have been an arrest. 

As of now, all I found is my written request to destroy the case file that I mailed to the police station, which then confirmed the cancellation of my file. I dont even remember when exactly that took place to be honest. Thank you for your help though.

S.

[Duke & Marie 1,389]

16 minutes ago, Stiva82 said:

As of now, all I found is my written request to destroy the case file that I mailed to the police station, which then confirmed the cancellation of my file. I dont even remember when exactly that took place to be honest. Thank you for your help though.

S.

You need to provide a statement disclosing the information as best you can recall.. 

 

the Q asks, arrested, detained, etc etc even without charge and has been expunged etc..

[Stiva82 0]

6 minutes ago, Duke & Marie said:

You need to provide a statement disclosing the information as best you can recall.. 

 

the Q asks, arrested, detained, etc etc even without charge and has been expunged etc..

Thank you for clarifying. I suppose I should provide this statement in part 14 "Additional Information" right?

[Dashinka 24,493]

5 minutes ago, Stiva82 said:

Thank you for clarifying. I suppose I should provide this statement in part 14 "Additional Information" right?

Correct.

[carmel34 3,626]

17 hours ago, Stiva82 said:

Briefly, about 5 years ago, because of an argument, I was brought to the Canadian police station, fingerprinted, but released after one hour or so, no charges were pressed or anything and, after a few months, I got my case destroyed by the police station with an official request. Do I need to answer "yes" to question n. 25.

Answer yes and disclose everything,  The US and Canada share criminal databases so US immigration will likely find it in your background check, so not disclosing it would be seen as not being truthful and that could lead to problems down the road which you don't want.  Even though cases are "destroyed" or "expunged," there's a good chance it's still on a database.  If you were fingerprinted, it sounds like an arrest.

[Stiva82 0]

2 hours ago, carmel34 said:

Answer yes and disclose everything,  The US and Canada share criminal databases so US immigration will likely find it in your background check, so not disclosing it would be seen as not being truthful and that could lead to problems down the road which you don't want.  Even though cases are "destroyed" or "expunged," there's a good chance it's still on a database.  If you were fingerprinted, it sounds like an arrest.

Thank you answering - I asked because I was not sure if I had to consider that as an actual arrest because I was dismissed after one hour or so and nothing happened after. But yes, I guess I have to disclose it even though I think I dont have the documents from the police anymore.