rob2002

A few questions regarding my upcoming situation. Ill probably be a regular poster here as I hope to immigrate on the K1 later on in the year, all being well. Though I haven’t made my first trip yet lol

In a previous post I stated that I was arrested for criminal damage in 1991 at age 16 (which is considered a minor or juvenile) for cracking or chipping a window. The police officer was satisfied that this was a prank and there was no intention or malice involved. I was never charged, prosecuted, cautioned or convicted. My recent ACRO certificate confirms this.

There is a very good chance that I will be making a K1 application this year. Also my passport is due to run out in 6 months, but ill be renewing it a lot sooner than that before the application. So I have a nice new fresh biometric 10 year passport.
I understand that I will have to declare the arrest on the application as they ask about “any” arrest or conviction.

A few questions…forewarned is forearmed as they say.

Does anyone see a problem with my application with my past arrest? (I myself do not as I doubt it was a CIMT plus I was under 18 and I wasn’t even cautioned or convicted)

If the consular officers ask about it (which they probably will) What if I cant find details of the arrest at my local police station, it was 20 years ago? Would a subject access do? I could always go to my local police station where I was taken and ask them first.

Would I need a new ACRO certificate because my passport number would have changed? My current passport number is on it.

I want to travel to the US again later during the K1 application. I’m not sure should I use the VWP or apply for a B2 before the application is made? Would the B2 be possible or valid when I have another Visa application in process? Can a person have two separate visas?

Thank you for reading ill probably have a lot more questions during the year that I cant find the answers to on the excellent wiki guide here.

hopeful_Mark

You will still be able to travel to the USA on the visa waiver, you will not need a B2, in fact you are unlikely to be approved for a B2 visa.

Someone more knowledgeable will be along to answer your other questions, but I doubt you will have any problems with the K1 application.

ian-mstm

I don't, no.


They likely won't.


You have your ACPO certificate stating "No Trace"... you were 16 at the time... it's a non-issue.


No... you're still you!


You are okay to use the VWP.

Ian

rob2002

Thanks Mark, so you’re saying that I would probably not get a B2 because I’m able to use the VWP and they don’t usually grant them if you can?

Thanks Ian, that makes sense though I would have to declare the arrest on the K1 application surely. Especially after the ACRO / ACPO peeps know about the arrest as I ticked the yes box on the certificate form.

ian-mstm

Yes.


Yes, but it has nothing to do with the ACPO certificate!


Your premise is faulty. You're assuming that simply applying for an ACPO certificate triggers some sort of information sharing. It doesn't. Currently, no one knows about it except them and you... and I can assure you, they don't care!

Ian

rob2002

Even if they phoned up for clarification on why the box was ticked when they couldn’t find anything on the system? Asking what I was arrested for, what the outcome was and when.

Its probably just for their records unless the embassy contact them for it when they ask for my certificate regarding a visa application.

This is of cause months down the line in any case but thanks Ian and Mark.

fatbrit

The ACPO certificate is valid for a year -- despite what it says. Here's your dilemma: let's say you applied for an ACPO certificate in December 2009, then applied for a K1 in April 2010. You come up for the interview in November 2010 and get the K1 visa -- but the visa will expire before January 2011 since your ACPO is only valid for that length of time. So you'll have 60 days or less to get your ticket and get moving.

I'd get a new ACPO nearer the time if I were you.

rob2002

yup thats something to bear in mind thanks. At least i wont get any nasty surpises on it, if i need another. So the visa is only valid as long as the ACPO is, is that correct?