police certificate question

[jaybird119]

Hello,

I really need some help from anyone who has experiance with this. I have filed a K-1 visa petition and have some concerns. My fiance has lived in 3 countries. we have police certificates for 2/3 countries. The third country sent us back this letter stating..

"I refer to your application dated 05-01-11 , requesting the issuance of a certificate of clear criminal record concerning yourself during your stay in xx country. And I inform you that although you haven't been convicted in XX country, the requested certificate according to legislation xxx can not be issued."

My fiance overstayed in the country (not the USA) when she was 20 yrs old. This was ten years ago. Basically she was deported from that country because she overstayed and not from any criminal activity.

THE LETTER IS SIGNED BY THE POLICE CHIEF OF THAT COUNTRY AND HAS ALL THE RESPECTIVE TELEPHONE NUMBERS/ OFFICIAL LETTERHEAD.

Will this letter suffice?

Thanks,

[wavedom]

You probably know this already, but there are some countries where it's impossible to obtain a police certificate due to the procedures in those countries. The US authorities even discourage people from trying to get a certificate from those countries. I don't know if the country you speak of is on the list. It'd probably be easier if she called the embassy in her home country and asked.

[jaybird119]

It's not one of those countries It seems so unfair that they could possibly accept a murderer from somalia (nothing against Somalia) and just because they cant get a certificate it's ok. This is such a grey zone, they can't give a certificate of clear criminal record but say she hasn't been convicted of anything.

I have been with my fiancee for one year now. She is the one and has met my entire family here in the states while on a tourist visa. We applied for a K-1 VISA to do this the correct way. She actually still has 6 months left on her multiple entry tourist VISA.

During the interview process , will the interviewer take al info into account? Should she be fully honest?

I really hope we did the right thing We have a lawyer but I can't stop trying to do everything possible to marry her. Any posts help, I appreciate the reply wavedom

[barbarajlw]

It's not one of those countries It seems so unfair that they could possibly accept a murderer from somalia (nothing against Somalia) and just because they cant get a certificate it's ok. This is such a grey zone, they can't give a certificate of clear criminal record but say she hasn't been convicted of anything.

I have been with my fiancee for one year now. She is the one and has met my entire family here in the states while on a tourist visa. We applied for a K-1 VISA to do this the correct way. She actually still has 6 months left on her multiple entry tourist VISA.

During the interview process , will the interviewer take al info into account? Should she be fully honest?

I really hope we did the right thing We have a lawyer but I can't stop trying to do everything possible to marry her. Any posts help, I appreciate the reply wavedom

Depending on the country you are talking about it may not even be necessary to show this letter. The 2 reports you have should be fine but personally I would include the letter and it should be fine.

[nichole]

What is the country you need the certificate from? And where will the interview be?

[jaybird119]

We are trying to sort this whole mess out through her father who is still in the country. I really don't think overstaying in another country 10 years ago (not the USA) will deny her from a fiancee visa. I really don't want to say what country her interview will be in. It's an ok country with a nice US embassy there. I'm still trying everything prior to her interview including faith.

This is a nerve racking ordeal I used to think it was easy as just getting married.

[wavedom]

Would it work to try to get an official statement saying that a police certificate is unavailable in that country? She got the letter saying that she couldn't get a certificate, but would that mean that nobody can get a certificate from that country, or is it just her? If it's only her there must be a reason why they deny one person a certificate while others aren't denied.

The reason I'm thinking a statement might work is that according to the instructions for filing the I-129f petition, the photocopy of the birth certificate or passport can be replaced by an official statement saying that they are unavailable. There might be a chance that an official statement would work in the same way for the police certificate issue, although it's probably best to verify that to make sure.