How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Guillermo Senmartin Your Own Question
Guillermo Senmartin
Guillermo Senmartin, Attorney At Law
Category: US Law
Satisfied Customers: 109612
Experience:  Over 12+ years of experience in various areas of U.S. Law and 15+ years of experience in U.S. Immigration Law..
9200179
Type Your US Law Question Here...
Guillermo Senmartin is online now

there,My fiancee has filed US K1 fiance visa for

Resolved Question:

there, My fiancee has filed US K1 fiance visa in October. About 6 years ago I was interviewed whilst not under arrest after a girl that I had slept with accused me of raping her. While the whole thing was sorted out quickly and I was free to leave at all times, the ordeal really shook me up and I am terrified that this will affect me being able to move to my fiancee. I did not have my DNA or prints recorded but a recording was made that I was told would be held locally only and nothing added to the PNC. US customs and Immigration is obviously very strict and I want to make sure that I do everything properly as my fiancee is pregnant now and I can't stand the thought of being without her.

My question is how should I proceed at the interview? I do not know if the definitions of arrest are different as while I attended this interview I was not arrested and not convicted or cautioned. I have travelled to the US twice under this impression, but since trying to complete this visa have come to hear lots of different stories. I want to be honest about it but do not want to destroy our application over nothing.

Thank you time

Submitted: 2 years ago.
Category: US Law
Expert:  Guillermo Senmartin replied 2 years ago.
Welcome to JustAnswer! My name is***** I am a licensed attorney and I am here to help resolve your legal issue. Tackling legal issues can sometimes get cumbersome or confusing. Should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so small additional cost. Let me know at any time during our question and answer session if you are interested in these – I am happy to give you more details! You are NOT charged per question and you are NOT charged per response, so post at your desire! Just please remember that sometimes the law does not have an easy or convenient solution and that is not the fault of the expert. Please do not shoot the messenger.
Was a police report ever generated? And how are you sure that it was not an arrest?
Customer: replied 2 years ago.
I'm not sure about a police report but I attended a voluntary interview under caution that was audio recorded. I was told I was not arrested and free to leave at any time and after the interview was told the information would not be on the PNC only held on local database. I did not have my prints or DNA taken. I will obviously have to apply police certificate. Am I right in thinking that if it comes back as no trace that no report was created?
Expert:  Guillermo Senmartin replied 2 years ago.
Ok. I ask that you PLEASE not log off without leaving a smiley face/positive rating. This is VERY important and we do not finish just because it says, "To finish".
After 9/11, one can never be sure what will come out in a criminal background check. You cannot go back and change anything in the applications already submitted, but what you can do is obtain something from the police department that questioned you that you were not arrested nor prosecuted crime. It would have to be something stamped certified by them. You only use it if it comes up and you make the argument that you did not disclose it because you were never arrested or convicted or anything else described in the petition/applications. And what you present would back up your argument in that way. So in other words, don't volunteer information at this point, but if it comes up, you have something to backup that you did not intentionally lie or misrepresent yourself.
Now that I have given you an answer, you may rate me positively OR ask information. Please do not rate me negatively news or things that you may already know. That does not help you or me. I am here to help you and I am on your side. Give me a chance to help you. All you have to do is respond asking information. You are NOT charged per question nor are you charged per response. If this seems a little complicated or overwhelming, I can also offer you an additional service small fee where we can speak in private over the phone or through email that may be helpful (this is a public forum where anyone can read the responses). Feel free to decline it, but if you do, please remember that I am not given a salary, so the only way that I am compensated is if you rate me positively. So at least please use the smiley faces and a bonus is always appreciated if you feel I earned it. Also, your question does NOT close just because it says, "To finish". I can still answer additional questions without additional charge. If I do not hear from you, I will automatically send that additional offer request. Thank you understanding and if you would like to request me in the future, just type: in the subject line and message box.
Guillermo Senmartin and other US Law Specialists are ready to help you