Hi Everyone Is it the criminal background of the USC or the fiancee they are concerned about. The I29f askes the quesion of the USC not the intended beneficiary. My fiancee has 2 charges one for DUI and the other for driving on a suspended license when he was 19. They ask for 3 or more so we are putting no but just wondering if that will creat and RFE, as I heard they do criminal bacground checks on the USC.

The beneficiary has to provide a police report to the Consulate. I have no idea if you will receive an RFE for the petitioner's criminal record. Perhaps a search in the Waiver forum might help.

they do backgound checks on the USC petitioner as a part of the process, but primarily it would produce an RFE if the petitioner had been previously charged and/or committed for some sort of domestic violence or spousal abuse.

If you were moving to Canada, a DUI on the part of the US citizen spouse would definitely make them inadmissable, but as a petitioner it shouldn't be a problem AFAIK.