British Expats

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-   -   Aos Interview With Missing Evidence (https://britishexpats.com/forum/marriage-based-visas-35/aos-interview-missing-evidence-623891/)

davidAW Aug 4th 2009 2:36 pm

Re: Aos Interview With Missing Evidence
 
Drunk driving as a minor in the UK (under 18)?

The Rehabilitation of Offenders Act coupled with the "minor" status at the time would lead me to think that its highly unlikely that you would even be able to find anything to get a Police report on! That stuff is expunged from your record permanently.

I would be tempted to wing it; its doubtful that it would come up.

All IMHO of course!

David

Liqgen Aug 4th 2009 3:24 pm

Re: Aos Interview With Missing Evidence
 
Well if i turn up and they want to see that police record thing sureley they will make another appointment for me to come back and show them.

Noorah101 Aug 4th 2009 4:37 pm

Re: Aos Interview With Missing Evidence
 

Originally Posted by Liqgen (Post 7813803)
Well if i turn up and they want to see that police record thing sureley they will make another appointment for me to come back and show them.

They will probably just give you a certain amount of time to mail it in, to the officer's attention who did your interview.

Rene

ian-mstm Aug 5th 2009 12:14 am

Re: Aos Interview With Missing Evidence
 

Originally Posted by Liqgen (Post 7813192)
Hiring an attorney is not an option.

How are you living? Doesn't your USC spouse have a job? Credit card? Family with a checkbook? Friends with money?



Cant leave the US as ill be on a 3 year ban.
One of the dangers of trying to adjust from the VWP... and one of the choices you made. Good luck to you.

Ian

jeffreyhy Aug 5th 2009 1:28 am

Re: Aos Interview With Missing Evidence
 
OT - I'm going to have to bookmark this post for the benefit of other posters who are worried about how fast their I-765 will be approved because they absolutely have to work.

Regards, JEff



Originally Posted by Liqgen (Post 7813192)
Hire an attorney? I have filed over 150 job applications. I have even tried mcdonalds and burger king. Hiring an attorney is not an option.

Im not saying im giving up but this has been going on so long now that i have lost intrest. Having a EAD card and not being able to get a job sucks.


Folinskyinla Aug 5th 2009 4:12 am

Re: Aos Interview With Missing Evidence
 

Originally Posted by Liqgen (Post 7813803)
Well if i turn up and they want to see that police record thing sureley they will make another appointment for me to come back and show them.

Hi:

J Craig Fong and I are amused by the British use of "surely" [BTW, J's husband is British].

However, generally there is NOT a second interview. [Written as I have to go to a second interview today -- but complicated fact pattern].

crosscountryrider Aug 5th 2009 4:35 am

Re: Aos Interview With Missing Evidence
 

Originally Posted by Liqgen (Post 7813118)
Here goes!

I have just received a appointment letter for the AOS interview which is less than 4 weeks away. On the letter it says that I need to bring a police report from the Uk.

Problem is i dont have a police report from the Uk. When I came here on the VWP I had no intentions on staying, hence had no police report.

I read a few months ago that you dont need a police report if your doing aos package, if thats the case then why are they asking for one on this letter?

Thanks for your time and thoughts in advance.

Liggen,
one thing:

1. Call the 0800 number and ask specifically for information regarding your FBI name check and fingerprints . If they tell you that they have been cleared you should be fine? They can also tell you if there are any red flags in your application.

This should give you abeeter indication what your next steps are.

Kind regards
CCR

meauxna Aug 5th 2009 4:44 am

Re: Aos Interview With Missing Evidence
 

Originally Posted by crosscountryrider (Post 7815650)
Liggen,
one thing:

1. Call the 0800 number and ask specifically for information regarding your FBI name check and fingerprints . If they tell you that they have been cleared you should be fine? They can also tell you if there are any red flags in your application.

This should give you abeeter indication what your next steps are.

Kind regards
CCR

CCR that is moot.

He had an offence. It was improperly declared on his application. He is supposed to bring evidence regarding the arrest and disposition to the interview.

This is separate from the FBI check. He needs to document and correct his situation regardless of what the fingerprint check says.

crosscountryrider Aug 5th 2009 5:01 am

Re: Aos Interview With Missing Evidence
 

Originally Posted by meauxna (Post 7815678)
CCR that is moot.

He had an offence. It was improperly declared on his application. He is supposed to bring evidence regarding the arrest and disposition to the interview.

This is separate from the FBI check. He needs to document and correct his situation regardless of what the fingerprint check says.

Hey Meauxna,
you are right. I didn't want say anything regarding this issue.
They are enough statements.

I just don't understand the whole thing at all.

Firstly downgrading drunken disorderly and a DUI to a traffic offense
seems to be strange . I wonder if some elements of his crime would be
considered as a felony in the US.

Secondly I wonder how the USCIS will react regarding his false statement.

Thirdly I just came across a article in a newspaper that 45 % (don't remember the exact numbers) of the british citizen's have a
criminal conviction or being arrested.

I was shocked and just though why obeying the law is not being considered a value anymore.

A little bit of the topic but just came into my mind.

Kind regards
CCR

davidAW Aug 5th 2009 5:59 am

Re: Aos Interview With Missing Evidence
 
Glad I am one of the 55% !

:p

David

crosscountryrider Aug 5th 2009 6:01 am

Re: Aos Interview With Missing Evidence
 

Originally Posted by davidAW (Post 7815832)
Glad I am one of the 55% !

:p

David

I am too!

Songbird Aug 5th 2009 2:09 pm

Re: Aos Interview With Missing Evidence
 
Hi Liqgen

I was in similar situation to yourself (married over here while on the VWP with a criminal history in the UK ) and needing the required documents for my AOS. By the way imo NOT disclosing your arrests at your interview wouldn't be a smart move and could well leave you up shit creek without a paddle. Far better to make a 'timely retraction' of your 'no' response with evidence of the attempts you have ( will be making) to obtain the required documentation.

As to getting the doc's you need, yes it isn't easy BUT it is doable. Your time frame is tight and it's highly unlikely you will have the doc's in hand for the actual interview but happen the IO will leave the decision pending until they are submitted (within a reasonable time).

What you need to do ASAP is submit an application for the police report. You can do that by going http://www.acpo.police.uk/certificates.asp and downloading the form. You will need to send that completed form along with:
* copy of passport description page ( the one with your photo on it)
* evidence of your current address in the USA (bills, tenancy agreement or the like - send copies.)
* a list of previous UK addresses within the last 5 years
* the required current passport size photo

to someone you know (friend or family in the UK) who will take care of getting the photo co-signed and will also pay the cost (it has to be in GBP's , cheque or postal order) and mail it in for you. You can pay for premium service and have it processed faster. Once it's complete, they (the police) will send it to you at your USA address. You should get a few copies (an extra 5 quid for each) because you may well need it for your naturalization submission and it would save you having to make a complete new application.

You can also call them on this number 00 (44) 1962 871111 if you want to speak to a bod but I personally didn't find them overly helpful, they just told me to read the form and complete it as stated. As it turned out I bypassed this process because I was actually court convicted so I had to find a way to get a copy of court records (MOC's) from 30 years ago which was a much more complicated ballgame.

By my reckoning, with a fair wind and some money thrown at it for faster processing, this could be completed within say 4 or 5 weeks. You could show 'good faith and endeavour' on your part by providing the IO with a copy of the international registered mail receipt PLUS make use of the contact email [email protected] (send them an email briefly detailing your situation and take along a copy of their response for the IO ;) ) I did something similar with the court records office just in case I never had the docs in time.

good luck!

Liqgen Aug 5th 2009 2:28 pm

Re: Aos Interview With Missing Evidence
 
I actally posted the completed forms away today for my family to send away once the photos are signed.

I need to get court records too? I went to court for the speeding.careless driving and dui.

Was your history as bad as mine when you were still approved?

PepsiChic Aug 5th 2009 3:35 pm

Re: Aos Interview With Missing Evidence
 
just so you know, if you do the premium service it only takes 10-12 days to get the forms back you (if your in the uk)

Liqgen Aug 5th 2009 3:50 pm

Re: Aos Interview With Missing Evidence
 
Nah not in the uk. I live in usa now. (for now anyways) lol.

Ill just get the 10 day service.


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