Fiancee visa but have been arrested before.

[MattyJamesN]

Not sure if anyone can provide me some advice on this but I'm soon due to Marry my fiancee she is American and I'm British and we have filed for a fiancée visa and I have an interview coming up soon with a visa officer in London but I'm a bit concerned as I've had my police report back and I have an NFA (no further action) against my name due to an incident that happened involving a doctored picture that was sent to me from a friend and that was forwarded on by myself to another friend the arrest on the report states I was arrested for having and distributing child pornography one pseudo image. I thought the way the picture was edited was somewhat funny but I wasn't aware it was one of an underage person aged 15 according to police the picture was found by a friend online and had been photoshopped heavily but it got flagged by Facebook and I was subsequently arrested I was young and stupid at the time about 17 years old.

I have had no prior arrests or anything this is my only incident with the police. I'm wondering if I can request to have this deleted from the police national computer and if not do I have to disclose this information for my visa and will they know and could it cause me any issues? Me and my fiancee have had our I-797 notice of action back and now we are just waiting for the letter to the us embassy based in the UK to arrive and then an interview take place for me. I've had a look at the US medical questionnaire I have to fill out and it says I need to declare if I've ever had an arrest but is this something they need to know about? As I've read when something is No further action on the police database I don't need to disclose it. But will US visa officers already see this information against my name? And if so could this cause me issues going forward?

If anyone can advise me I would be very much appreciative.

[Zerubbabel]

Hello,

When they hear the key words "CP", most people stop listening to any further justifications. They may think you did something but the police couldn't take the mater to court for whatever reason.

I can't even think what happens if you go to US immigration and tell them: look, I was booked for a CP, but let me explain...

If possible, they to get this arrest removed from your records, you were 17 at the time, that might help. Then, once it's removed, you erase it from your memory and you never ever mention it.

[MattyJamesN]

Thanks for your reply and I completely understand why people would automatically shut off or stop listening when they hear someone has been arrested for such a thing I don't want it against my name it's the worst thing to be accused of/have against me I'm confident I will be able to explain it under the circumstances if given the chance as a teenager at the time seeing a Photoshopped picture of a naked person who's head was swapped for that of a horse head was funny to me back then as it was to my friend who initially sent it to me. One of those life lessons I guess. I did question how I was to know the person in the picture was that of an underage person especially seeing as the way it was edited.

I'm aware regardless of getting the record deleted I will still have to explain to the visa officer I just hope he/she is understanding despite the subject matter.

[lolo2]

Just being genuinely curious.

Can someone request for a police record (including arrest or not) to be deleted in the UK? Is such a thing possible?

[Zerubbabel]

Thanks for your reply and I completely understand why people would automatically shut off or stop listening when they hear someone has been arrested for such a thing I don't want it against my name it's the worst thing to be accused of/have against me I'm confident I will be able to explain it under the circumstances if given the chance as a teenager at the time seeing a Photoshopped picture of a naked person who's head was swapped for that of a horse head was funny to me back then as it was to my friend who initially sent it to me. One of those life lessons I guess. I did question how I was to know the person in the picture was that of an underage person especially seeing as the way it was edited.

I'm aware regardless of getting the record deleted I will still have to explain to the visa officer I just hope he/she is understanding despite the subject matter.

The whole purpose of getting the record deleted is that you don't have to explain it to anyone. It's as if it didn't happen. You will never ever mention it again. This is not a conviction but just an arrest. You are not guilty because you got arrested.

[Zerubbabel]

Just being genuinely curious.

Can someone request for a police record (including arrest or not) to be deleted in the UK? Is such a thing possible?

Under certain circumstances, especially when the person was juvenile, there are options to get that deleted. It won't be part of any record and nobody will know about it until YOU tell them.

[lolo2]

Under certain circumstances, especially when the person was juvenile, there are options to get that deleted. It won't be part of any record and nobody will know about it until YOU tell them.

Got it, thanks!

The OP has this option available then, as per his arrest occurred when he was 17 years old.

I don't know how lengthy is this process, but if he wants to apply for a fiancé visa soon he should proceed asap. And obviously once his request is approved, never mention this to anybody and anywhere.