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-   -   new twist to my problem (http://britishexpats.com/forum/us-immigration-citizenship-visas-34/new-twist-my-problem-757294/)

daniel.thomas10 May 6th 2012 12:12 am

new twist to my problem
 
Hello all you may have seen my other tread about a B2 visa,

well I have come a across a large problem,

while me and my wife where dating we had a huge fight and I got clocked in the head with a bread knife.
When I was question by the police I stretched the truth and told them she intended to hit me with it. :thumbdown:

she was asked to attend a police station and was released on bail. then later released with no charges do to the fact there was no evidence that she meant to do it on purpose.

Now I know this will show on her SA1 form from the police and I know think the girls and boys at the embassey will see it as a cast iron CIMT :(

so should I forget booking those Florida tickets :confused:

materialcontroller May 6th 2012 12:26 am

Re: new twist to my problem
 
Quote:

Originally Posted by daniel.thomas10 (Post 10043645)
Hello all you may have seen my other tread about a B2 visa,

well I have come a across a large problem,

while me and my wife where dating we had a huge fight and I got clocked in the head with a bread knife.
When I was question by the police I stretched the truth and told them she intended to hit me with it. :thumbdown:

she was asked to attend a police station and was released on bail. then later released with no charges do to the fact there was no evidence that she meant to do it on purpose.

Now I know this will show on her SA1 form from the police and I know think the girls and boys at the embassey will see it as a cast iron CIMT :(

so should I forget booking those Florida tickets :confused:

I don't see how this changes anything. She wasn't convicted of anything and, from the way you describe her being "asked to attend a police station", it appears she went there freely and so might not even have been arrested either.

superkruz May 6th 2012 12:29 am

Re: new twist to my problem
 
Quote:

Originally Posted by daniel.thomas10 (Post 10043645)
..... and I got clocked in the head with a bread knife.

Too funny!

Leyther May 6th 2012 12:40 am

Re: new twist to my problem
 
Quote:

Originally Posted by daniel.thomas10 (Post 10043645)
I got clocked in the head with a bread knife.

When I was question by the police I stretched the truth and told them she intended to hit me with it. :thumbdown:

From these statments, it not only seems like she intended to hit you, it looks like she actually hit you.

I guess how you word things is important :)

materialcontroller May 6th 2012 12:44 am

Re: new twist to my problem
 
Quote:

Originally Posted by Leyther (Post 10043680)
From these statments, it not only seems like she intended to hit you, it looks like she actually hit you.

I guess how you word things is important :)

The actual hit might not have been intended, just accidental, and I think that was the OP's point.

Leyther May 6th 2012 12:48 am

Re: new twist to my problem
 
Quote:

Originally Posted by materialcontroller (Post 10043684)
The actual hit might not have been intended, just accidental, and I think that was the OP's point.

That I understood, I just suggest that the OP word these things more clearly so that there is no misunderstanding of the circumstances :)

materialcontroller May 6th 2012 12:53 am

Re: new twist to my problem
 
Quote:

Originally Posted by Leyther (Post 10043687)
That I understood, I just suggest that the OP word these things more clearly so that there is no misunderstanding of the circumstances :)

I agree with you 100%. It relates very well to the point I made earlier about whether or not the lady was arrested or went to the police station voluntarily. OP isn't clear on that point.

daniel.thomas10 May 6th 2012 8:42 am

Re: new twist to my problem
 
Thanks for the reply's

In answer to the question

My soon to be wife at the time was making tea and we got in a heated exchange of words.
She turned round to get some think of the counter & I knelt down to get a bag from next to her. (said I was going to stay at a friends) as I got up she turned back round and BANG
So yes she did hit me with it but the was no intent.
I did not even notice I was bleeding till I was out the house.
So I make my way to hospital to get my self checked and told the Dr what happened.
So next day police turned up asked what happened. I said I was not sure if she did want to hit me or not. So the asked her in for questioning. She went the police station. Was read her rights released on bail till they could ask me som
More questions and then said they where not continue with the case and further.

So that's everthing

Noorah101 May 6th 2012 1:16 pm

Re: new twist to my problem
 
Quote:

Originally Posted by daniel.thomas10 (Post 10044044)
So next day police turned up asked what happened. I said I was not sure if she did want to hit me or not. So the asked her in for questioning. She went the police station. Was read her rights released on bail till they could ask me som....

I don't know about the UK, but in the USA when someone is read their rights and then released on bail, it means they were arrested.

Rene

Marocco May 6th 2012 2:40 pm

Re: new twist to my problem
 
Quote:

Originally Posted by Noorah101 (Post 10044405)
I don't know about the UK, but in the USA when someone is read their rights and then released on bail, it means they were arrested.

Rene

You can be "arrested by appointment" in the UK. Sounds like this was the case here.

daniel.thomas10 May 6th 2012 3:00 pm

Re: new twist to my problem
 
What diffrence will it make if it counts as a arrest.
By appointment or by other means

Marocco May 6th 2012 3:29 pm

Re: new twist to my problem
 
Quote:

Originally Posted by daniel.thomas10 (Post 10044488)
What diffrence will it make if it counts as a arrest.
By appointment or by other means

None.

materialcontroller May 6th 2012 3:49 pm

Re: new twist to my problem
 
Quote:

Originally Posted by daniel.thomas10 (Post 10044488)
What diffrence will it make if it counts as a arrest.
By appointment or by other means

Quote:

Originally Posted by Marocco (Post 10044507)
None.

This isn't entirely true. It might make a difference whether this situation involved an arrest or not if the offence in question was a CIMT.

These are the issues that the OP (or rather his wife) need to firmly establish:

1) Are any of her offences or alleged offences CIMT?

2) Was she arrested or convicted in connection with any CIMT offences?

Marocco May 6th 2012 9:31 pm

Re: new twist to my problem
 
Quote:

Originally Posted by materialcontroller (Post 10044537)
This isn't entirely true. It might make a difference whether this situation involved an arrest or not

I meant it didn't make a difference whether the arrest was by appointment or not.

crg May 7th 2012 1:41 am

Re: new twist to my problem
 
I really don't see how someone who had to post bail can claim they weren't arrested. If they were not arrested, that means they were free to leave. Posting bail was required before the person could leave. That means they were not free to leave, and therefore were arrested/detained.

Of course, the charge may not have been a CIMT, but that gets very complicated with assault charges.


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