picard

Hello people

I raised this topic some time ago as it has taken me all this time to find out certain details. I have a criminal conviction for a minor offence. I have been told by the Police that as this was over 10 years ago , my record is now 'CLEAN' as they delete and shred these expired records.

I have looked into the vagaries of the american term 'moral turpitude' which covers just about EVERYTHING. So if you even have a parking ticket - to the USA you are a criminal.

Can anyone PLEASE tell me.....as I have been unable to get a definitive answer without spending a lot of money.....are criminal records TRULY deleted from the Police PNC after 10 years INCLUDING fingerprints? If so I see no point in declaring a petty offence and ruining my chances of my K1?

Why is the 'land of the free' so against letting people make a new start in life and accepting that a conviction is 'spent'. This seems to me to be a violation of human rights issue? I have never set a foot wrong since that sad day long ago. I am a 'model' citizen now and I and many others in my position surely deserve that their past mistakes when they were young and foolish, are ignored. My final point is - if records are 'shredded' then how can ANYONE find these records, even the FBI?

I already carried out a preliminary Police search, to find out what they have on me, which returned NOTHING, so WHERE would someone find any past record, I would dearly love to know?

Comments please.

andrea874

They ask a question, give them an honest answer. You'll get a chance to explain yourself sooner or later. Why risk getting caught in a lie?

half-pint

I know a person who has a record from 21 years ago which was enough for them to be denied the approval of the I-130 form petitioned by their spouse. They are subsequently filing a waiver based on hardship. (This was a DCF case).

Sorry I am unable to give you any more information then that.

Ellie

picard

I was even told by a SENIOR police officer, that it should present no problems. The question raised now is..........are the FBI keeping covert files that are legally supposed to have been deleted if they can find peoples records from 21 years ago? Hmmm

sibsie

Even if it doesn't show up on the PNC there will still be a record of it. I used to be a Met Detective and when we were getting a person's previous, if nothing showed up on PNC we'd also phone through and get records from further back.

The question you're asked when you're applying for a visa is a simple one and one that you will be asked repeatedly throughout the process. "Have you ever been arrested". Answer it truthfully and be prepared to explain it.

Folinskyinla

Rule #1 -- tell the TRUTH when answering a direct question. Period.

picard

The thing here is that I am an honest person so my conscience would tell me to come clean anyway. So I guess that it for us as I here they are refusing EVERYONE now who even has something minor like a misdemeanor or something! My fiance is disabled now due to a car accident a while back so she needs me there to support her. I guess I'll just file a hardship form anyway. Thanks.

A point to ponder here......the UK and USA are supposed to be the best allies in the known world.............but for 2 people who love each other and be together is IMMPOSSIBLE. Our checks in the UK are nothing for an American to live HERE......what gives???? All I want to do is work hard, contribute to American society even do charity work

picard

I note a member has put in their timeline "married under VWP"..........IS THIS NOT HIGHLY ILLEGAL? If not then thats what WE will do I think. Many thanks. I guess the next visit we will tie the knot. I can then apply for a K3 visa is this correct?

Folinskyinla

Hi:

Your life, not mine. Some people like playing with matches in the presence of flamable gas.

Ray

Bit of Déjà Vu here ..you asked exactly the same question last July
All CRO record are kept on microfiche going back forever ..Jack the Rippers are still there.
Dont even thing about using the VW for marriage with any sort of record.. Mr F does not joke about these sort of thing.
Please go and spend a bit of money on a Lawyer.. your whole future life may depend on it..
for a London based US Immigration Lawyer try
http://www.usvisalaw.co.uk/index.htm
there are others as well

picard

Thats the big problem lawyers cost $$$$$$$$$$$$$$$, which we dont have. I think we will just marry then go live somewhere we are welcomed and not given the SS treatment. I guess maybe even the UK. WE dont build walls in front of GENUINE couples who want nothing more than to live their lives out TOGETHER and contribute to that country.

The deja vu as you put it is because my fiance nearly died just before our wedding in a car accident, last rites the whole schebang. She has JUST learnt to walk again hence we have to start over. She needs me there to support her as she gets a pathetic amount to live on. Sorry for any confusion perhaps this clarifies. At present I support her from here and it costs the earth in air fares, she also wants me WITH her. As she is now disabled we have MORE problems with the I-130. Ho hum........whoever said life is easy???

Back to the VWP issue. MANY other posters have mentioned in their K1 timelines "married on visitor visa" or is the non immigrant visa different to the K1. Confused

picard

Oh one more thing, an American has told me that the state department will help our case due to the fact that I am her sole provider and her severe disabilities

Comments please?

half-pint

I married whilst visiting the US on the visa waiver program, I did not adjust my status, it was an unplanned marriage. I came back home and my husband applied for his UK settlement visa. That is not illegal.

picard

thank you that has cleared that up. So if someone married unplanned and wished to settle in the US would they still have to file the I-129? You mention a UK settlement visa, do you if the US operates this. I have just come into info today where if we marry on a non immigrant visa, I can stay in with her in the US whilst I wait for AOS to immigrant. Does that sound right to anyone please?

half-pint

Sorry I am unable to help you with the first part of your question as I don't have the experience.

The UK settlement visa gives entry clearance to the spouse of a UK citizen. A fiance visa is also available. The fiance cannot work in the UK until married, and the marriage must take place within a reasonable time limit. (see IND pages). The spouse visa offers a conditional (FLR) status and then after two years the spouse may file for 'Indefinite Leave to Remain' (ILR). The spouse is able to work straight away.

The US equivalent is the K1 (fiance) and K3 (spouse), which I am certain you have been reading up on.

By asking questions regarding marriage it is already possible that you are demonstrating intent to marry on a non-immigrant visa. It is the intent to enter the US on a non-immigrant visa to marry and adjust status that is illegal. Anyone please correct me if I am wrong...