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Filed: K-1 Visa Country: Canada
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Posted

Hello,

 

Long time reader, first time poster here. 
 

I had my immigration interview in Montreal yesterday and was refused because the police check the OPP ordered for me through the RCMP was incorrect. I’ve already gone to the Commissionaire’s to have the correct one ordered (as I found the correct info on this forum) - the privacy act entire holdings etc. So not I have to wait for that to arrive to send it in. 
During the interview, I also disclosed that almost 20 years ago, I was arrested for something (thanks to a terrible ex boyfriend) but the case was thrown out before I went to court and I was never convicted. Now I’ve already requested “Certified proof of the outcome of the charges” through that courthouse, but they are quite backed up and have a 8-10 week wait time for these documents (I requested them 4 weeks before my interview). The Consulate Officer asked me to send in those documents as well, when sending in the correct police check. He gave me a letter stating the visa was refused and then listed the two documents required. The letter doesn’t say they will reconsider me l…it just shows the two documents in the lines underneath where it was the visa was denied. He did keep my passport, however, and gave me a separate sheet advising how to send in the documents. 
 

1. I feel like it’s a positive thing that he kept my passport, but the more times I read the letter, the more I’m second guessing myself since it doesn’t specifically say they might reconsider once they review the documents. Can anyone with experience in this confirm is this is a positive or negative sign. 
 

2. Does the proper police check (Certified Criminal Record Check - Personal Use from the RCMP) show any juvenile record? I didn’t even get a chance to mention a shoplifting charge from when I was 15 or 16, as we were mainly focused on the arrest from when I was 19. Should I be looking into getting a certified proof of the outcome of that too? Or is that even something I can get for a juvenile charge?
 

I hope this makes sense. I have no problem getting anything I need. I’m just trying to figure out how to get everything as quickly as possible so I can be with my fiancé and our son can be with his dad again soon. 
 

Thank you in advance! 
 

Filed: Citizen (apr) Country: Russia
Timeline
Posted

Just an FYI, "refused" does not mean "denied".  They used to use the catch-all "Administrative Processing" for visa applications that were going through further background checks, or needed additional documents, etc., but they recently changed to using the term "Refused" for that and "Administrative Processing" to show when they are actively working on your package.  As long as you provide the information they requested, they will add that to the package and further process your application.  Keep an eye on the online status, you may see it move back and forth between "Refused" and "Administrative Processing", but hopefully it will eventually say "Approved".

 

Good Luck!

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

Posted

Do records request for your juvenile records and you get a response that there is no record or thar records are sealed and or destroyed….anything in written response for a search, will suffice.

Disclose short explanation w date and outcome…and because the incident was not a drug offense or violent crime, nothing further will be required.

 

Because FBI and RCMP share info, they do see more than your run of the mill employment check..so disclose, explain and get letter from custodian of records ( courts) even if all it says is No Records 

 

 

juvenile record is often visible at the Canadian border because of information sharing between the RCMP and FBI, and may need to be properly addressed. Juvenile records are typically wiped from state-level databases, and consequently do not appear on background checks run by most employers.

 
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