Hi,

I have also posted this in the aussie section but thought it might help to post here as well.....

My circumstances are this........

I am about to go through the K-1 process with my Fiance in Texas.......but here goes....

In 1991 (16 years ago) at the ripe ol age of 19 years, I was arrested and charged for drink driving. In 2005 (only 2 years ago), I was in a situation where I had consumed a couple of drinks in a club in the company of very blotto friends as I was the driver for the night. I had timed my 2 drinks so that I could savely drive home under the legal limit around 2am, however, when I had returned from the ladies room, I couldn't find their drunk a**es anywhere. I found myself in a situation where I was uncomfortable being on my own in the club and then also tried to find them in 2 clubs nearby without any luck. Anyway, my point is.....I drove earlier than I had anticipated because I wasn't expecting to be in that position and was only 0.03 over the legal limit, resulting in the minimum one month suspension of my license and a small fine. Call me stupid if you will, but it was a choice I made in that situation. So then, I have 2 DUI charges.

My questions are:

1. Has anyone seen any documentation on whether there is a time frame in which offences were committed and being able to apply for the K-1? I mean, do you have to wait a certain number of years after a DUI before you can apply?

2. Regarding Form DS-156 (Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty or other similar legal action? Have you ever unlawfully distributed or sold a controlled substance(drug), or been a prostitute or procurer for prostitutes?)

Is this where you are supposed to acknowledge your drink driving offences and answer yes or is this question purely for criminal matters? Do I answer no to these and then still provide details of the court hearings??

3. Does anyone know if I will need a waiver???

I am really needing some accurate information so that I can properly prepare. It is also comforting to know of other people going through the same.

Confused North Queenslander,
Peta

Start by reading through the information regarding visa ineligiblities. Then consult with a qualified attorney experienced in waivers. If you were arrested, yes, you have to provide accurate answers on the DS-156. Crimes involving moral turpitude do require waivers. Drunk driving is generally consider to be a CIMT to my knowledge, but a lawyer will be best to guide you.


http://travel.state.gov/visa/frvi/ineligib...ities_1364.html


(2) Criminal and related grounds.-

(A) Conviction of certain crimes.-

(i) In general.-Except as provided in clause (ii), any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of-

(I) a crime involving moral turpitude (other than a purely political offense or an attempt or conspiracy to commit such a crime), or

(II) a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), is inadmissible.

(ii) Exception.-Clause (i)(I) shall not apply to an alien who committed only one crime if-

(I) the crime was committed when the alien was under 18 years of age, and the crime was committed (and the alien released from any confinement to a prison or correctional institution imposed for the crime) more than 5 years before the date of application for a visa or other documentation and the date of application for admission to the United States, or

(II) the maximum penalty possible for the crime of which the alien was convicted (or which the alien admits having committed or of which the acts that the alien admits having committed constituted the essential elements) did not exceed imprisonment for one year and, if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed).

(B Multiple criminal convictions.-Any alien convicted of 2 or more offenses (other than purely political offenses), regardless of whether the conviction was in a single trial or whether the offenses arose from a single scheme of misconduct and regardless of whether the offenses involved moral turpitude, for which the aggregate sentences to confinement were 5 years or more is inadmissible.

Thanks for your reply Kitkat1....

A link on Captain Ewok's post http://foia.state.gov/masterdocs/09fam/0940021aN.pdf does not place drink driving in the category CIMT, unless of course the Foreign Policy Guidelines in terms of Visas has changed since that.

This still leaves me with the same questions.....

Cheers,
Peta

what part of North Queensland are you from? im from Cairns

A little off topic, but about 10 years ago I used to play with a guitarist what was widely know not only gfor his playing, but also for his drinking habits. This guy would drink a shot of tequila with a beer back between each set break - often 2. During the set he was known to grab someone's beer off the table to play slide guitar solos, then start drinking their beer, while soloing.

ANyway, this guy got 3 DUIs in a month, and we played Knocking On Heaven's Door, only he changed the lyrics:

Lord, take this liscence away from me
I can't use it anymore
I got to drunk, to drunk to see,
Knock, knock knocking on the County's Door

... thats the only verse I can remember, but he had more than were just as funny....

Aussielad, I'm from Cairns as well!!! Small world huh.

Damn @ song lyrics! lol