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Guillermo Senmartin
Guillermo Senmartin, Attorney At Law
Category: US Law
Satisfied Customers: 111958
Experience:  Over 12+ years of experience in various areas of U.S. Law and 15+ years of experience in U.S. Immigration Law..
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there,My fiancee has filed US K1 fiance visa for

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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

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Was a police report ever generated? And how are you sure that it was not an arrest?
Customer: replied 3 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?
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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.
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