SamraLee

I am a US citizen and when my fiance, who is a British Citizen, came to the United States on a visit to me, he was arrested and charged with a crime. The case never went to court and it was dismissed because he was innocent. Do I need to send him a copy of his police record from the US so he can bring it with him to the K-1 visa interview? Also, when the case was ongoing, he overstayed his visit (on a visa wavier) to take care of the court problems and left two days after it was dropped. Will either him overstaying or being arrested, but not convicted, effect his being denied or approved for a visa?

Thanks,
Samra

Noorah101

Might not be a bad idea to send him his police record from the USA (if you can get it), in case they ask for it at his interview. He should check "yes" to any question regarding arrest, and give an explanation of what happened. Whether that affects his eligibility, probably only the Consular Officer can make that determination. If you aren't able to get his police record, it's OK. USCIS will conduct its own security checks and record checks. But it might be helpful for him to have something to show at the interview, if asked.

The 2-day overstay should not affect his K-1 visa.

Best Wishes,
Rene

NOLA_Dave

Not to be picky, but I think the OP's fiance had an overstay longer than 2 days. She said he left 2 days after he got everything taken care of, but didn't mention how long he was out of status while he was taking care of it.

Which begs the obvious question: Exactly how long did he overstay?

violator_dm

He should file to have his record expunged if the case was never brought to trial.

Noorah101

Good catch. If he overstayed too long, he faces a ban from the USA, and must then apply for a waiver.

Rene

SamraLee

He overstayed for a month and 15 days. His lawyer said that while he was here he could protect him from immigration, but when he left we were worried about his overstay.

Thanks for all your feedback,
Samra

Capt. Tuttle

violator_dm wrote:
>>Not to be picky, but I think the OP's fiance had an overstay longer
>>than 2 days. She said he left 2 days after he got everything taken
>>care of, but didn't mention how long he was out of status while he was
>>taking care of it.
>>
>>Which begs the obvious question: Exactly how long did he overstay?
>
>
> He should file to have his record expunged if the case was never
> brought to trial.
>

That will not change the answer to the question, "Have you ever been
arrested?"