British Expats

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

Songbird Aug 7th 2009 10:17 am

Re: Aos Interview With Missing Evidence
 

Originally Posted by Liqgen (Post 7816628)
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?

Sorry about the delay getting back to you Liggen. Good that you've got the process underway. As to your needing the court records, well to be honest I'm not 100% sure. I personally found the instructions on the AOS form a bit confusing on this.

Firstly it states :
B. If you have ever been arrested or detained...for any reason and charges were filed...submit An original or court-certified copy of the complete arrest record and/or disposition for each incident (eg dismissal order, conviction record, or acquittal order)

THEN in C it states:
If you have ever been convicted...submit:
1. An original or court-certified copy of the sentencing record for each incident (etc)


My thinking on this when I completed the form was that the ACPO check wouldn't really suffice for my particular case given that not only did I have multiple separate convictions (ie not arising from one single arrest) but they were also over 30 years old and hence the ACPO check would probably show (because of the time period and the minor category of the offences ) no live trace. Hence best get the MOC's (court records). In truth though this was more complicated, it did seem to me to be the most direct path to take. I didn't want to leave myself in a position whereby I went through the rigmarole of getting the ACPO check and then finding that I still needed the MOC's. Happen I should have gotten both but the IO was happy with the MOC's (which incidentally they keep and place in their records so if you do get ANY court-certified docs and the like make sure you get copies as you will need more for future dealings with USCIS)

If the ACPO check contains your arrest and conviction / sentence then it will presumably meet with the requirements. If it doesn't, then it's probable you will need your MOC. So how do you do that? Well given that your conviction was in relative terms to mine 'recent' then it shouldn't be all that difficult for you.
*Phone the record office of the magistrate court you were tried in. Explain your situation to them and have ready the date you case was tried (or as close to it as possible)
* Arrange for someone (family, friend) who upon production of proof of YOUR id (this may be the tricky part as they generally only release the information to the applicant themselves so be NICE to the person you speak to on the phone, you want them to be as helpful as they can ;) ) In my case, I had to fax them a ton of ID including (copy of my passport page, birth cert, marriage license, proof of residence in US etc) and even then it had to be cleared by a district judge for release. That being said I never had anyone in the UK who could pick it up for me so they had to send it to the USA. Your case could well be a lot simpler having someone there to get it for you, so though they will still want the ID proof from you the rest of the process will be a lot smoother :)
* Make sure (as I never did <groan> ) to get at least 3 court-certified copies or will have to do this all again for your naturalisation.


Hopefully it will be the case that your ACPO docs suffice, and the rest of it wont be necessary but just in case you need it you have the information to hand :)

Liqgen Aug 7th 2009 10:40 am

Re: Aos Interview With Missing Evidence
 
Well the court i went to was about 350 miles from the nearest person I know in the uk. They wont go that far for the court records so if the police record isnt enough too bad. Send me home.

Spending all day looking for jobs blows!

Tired, Bored, Pissed off.

souls canuck Aug 7th 2009 10:47 am

Re: Aos Interview With Missing Evidence
 
Get on the phone and start sorting this out. There are faxes and mail service available. You don't have to go pick this stuff up in person, but you need to take care of this asap. I ordered the arrest record and court record while still in Canada and had everything sorted out in time. Anything under 18 doesn't really matter does it?

Songbird Aug 7th 2009 11:01 am

Re: Aos Interview With Missing Evidence
 

Originally Posted by Liqgen (Post 7816628)
Was your history as bad as mine when you were still approved?

well mine weren't related to driving offences .. so in that respect they were more 'serious'. There were also iirc 4 or 5 arrests and convictions :rolleyes:, all of which I was guilty of and plead accordingly. So no cop out there. In my defence it was practically a whole lifetime ago and I have been clean since then with a full 30 years rehab period. As to the actual nature of the crimes... :rolleyes: I'm taking the fifth ;) That's between me and USCIS ( and probably every US govt law enforcement agency records offices! lol)

FWIW I don't think your convictions will hinder you at all. :)

Songbird Aug 7th 2009 11:24 am

Re: Aos Interview With Missing Evidence
 

Originally Posted by Liqgen (Post 7823335)
Well the court i went to was about 350 miles from the nearest person I know in the uk. They wont go that far for the court records so if the police record isnt enough too bad. Send me home.

Spending all day looking for jobs blows!

Tired, Bored, Pissed off.

Like I said I had no-one in the UK I could get to pick them up for me (well I wasn't prepared to do the 'Mum's History' thing to my kids ! :lol:) so I arranged it all myself from the USA. Believe me if I can get a records clerk to manually search in a basement for 30 year old court docs with a guesstimate year time frame, then yours should be a stroll in the park!

PHONE THEM, have the dates ready, if you don't have a fax facility make use of an online service ( we did and they are cheap about $10 a month and you can dump it after the first month) Offer to fax them your proof of ID, you can include not only your residency stuff, marriage cert, passport etc but also I sent them a copy of plane ticket, my I-94, and I think I even included some USCIS mail. I also had to send them a brief cover note with the fax stating my situation and respectfully requesting they send me the required docs via snail mail. I further asked that as an interim they faxed me a copy of the MOC so that I at least had something to take into the interview in the event of the hard copy not arriving in time. There is a small charge for the MOCs but you can get someone in the UK to pay that on your behalf ( in my case they were so great they even waived the cost :thumbup:)

Liqgen Aug 31st 2009 8:55 am

Re: Aos Interview With Missing Evidence
 
Well time crawls when your looking for work and broke.

So the mighty immagration interview is tomorrow. I sent away for the police report and it still hasnt arrived so ill be going without it.

Ill post tomorrow afternoon and give you all a update about what went down.

Ozzidoc Aug 31st 2009 9:37 am

Re: Aos Interview With Missing Evidence
 

Originally Posted by Liqgen (Post 7892244)
Well time crawls when your looking for work and broke.

So the mighty immagration interview is tomorrow. I sent away for the police report and it still hasnt arrived so ill be going without it.

Ill post tomorrow afternoon and give you all a update about what went down.

Good luck!

Meanwhile, how about trying to learn a new language via the internet? Something to pass the time... :)

Liqgen Aug 31st 2009 10:06 am

Re: Aos Interview With Missing Evidence
 
Days are spent doing applications for jobs online.

Liqgen Sep 4th 2009 12:45 am

Re: Aos Interview With Missing Evidence
 
So I turn up for the interview on tuesday.

We turn up 15 mins early and finaly sit down 30 minutes late.

The immagration officer takes me through first and my wife stays in the waiting area. She makes me swear that ill tell the truth ect.

After a few questions and her looking at my photographs she goes and gets my wife. Then she asks her the same questions that she asked me (both of us now there).

Everything went well at the interview, immagration officer was really cool.

She went through my forms confirming all the details.

When she got to the part about the arrests I told her about the mistake and while i was explaning i had been arrested she was just skipping over it like it was no big deal (or maybe she knew already from the Fbi report)???.

I had sent away for the letter from the police in the uk and still havent received it. Wasnt needed neways!

We forgot to take some stuff so we got a request for more information whilst there. I asked her what would happen once i sent the stuff in. She said she would make a desision and get back to us. I then asked if she is just saying that because shes not allowed to tell people the result there and then.(something I read somewhere on british expats)

She smiled at me and gave me a wink so im guessing thats right then.

Although techinically im still not approved im confident that everything is ok.

Finding work is a different storey all together tho!

meauxna Sep 4th 2009 8:30 am

Re: Aos Interview With Missing Evidence
 
Wow, that's a relief! Good one. :)
Can you tell us what else was missing?

leopards Sep 4th 2009 8:55 am

Re: Aos Interview With Missing Evidence
 
So if you moved here and have never had any kind of police record then that doesn't apply to you, right?

Noorah101 Sep 4th 2009 9:00 am

Re: Aos Interview With Missing Evidence
 

Originally Posted by leopards (Post 7905399)
So if you moved here and have never had any kind of police record then that doesn't apply to you, right?

leopards, you really need to make your questions more detailed. It also helps to quote the person you are responding to. Just reading your question here, I have no idea what you're asking.

You're saying, if someone moved to the USA...never had any kind of police record....WHAT doesn't apply to you? If someone is moving to the USA based on marriage to a USC, that person will need a police report from every country they've lived in for more than 1 year, past the age of 16. If someone is already in the USA on another visa (F-1, H1b), and marries a USC and then adjusts status, that person does not need to supply a police report...but if they've ever been arrested, they will probably need to supply the arrest records and court documents.

Does that answer your question? Just try to be more specific in the future..it's hard to answer a vague question.

Thanks,
Rene

Liqgen Sep 5th 2009 5:04 am

Re: Aos Interview With Missing Evidence
 
The other stuff missing was actual evidence that we were together.

We had pictures, but she asked for more stuff like joint bank accounts and also joint insurance documents.

The whole process has been really easy considdering that I sent away the aos package when I was out of status in the US and also was adjusting from the visa waiver.

Alot of times I read on here how they dont like it when you get married on the visa waiver then just stay. I have read quite a few times how you apparently need to prove that you didnt intend to say. Well that never came up at all in the interview. I think the interviews are more of a formality than actual interviews.

You know what tho. When we were there, I seen this dude that was like 60 years old, hell 65 maybe. He was walking around with his wife who was most likley going for her interview too. She would have been like 19 - 23 years old
and HOT. I wish I was able to see them come out at the end of there interview to see if they were approved or not. She looked like she was from phillipines.

Liqgen Sep 5th 2009 5:21 am

Re: Aos Interview With Missing Evidence
 
Just one other quick note.

Sitting there at your computer checking your online status day in and day out is a complete waste of time. I just this moment checked online to see if it had changed.. NOPE.

------------

Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

Current Status: Response to request for evidence received, and case processing has resumed.

On May 27, 2009, we received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something from
----------


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