K1 visa petitioner application

[nettles 0]

I am getting ready to file for my fiance's K1 visa and one of the questions on the application in Part C question 2 is. Have you ever been convicted of three or more convictions for crimes relation to a controlled substance or alcohol not arising frome a single act.

My question is this. Do I need to disclose my DUI convictions??? I have two of them that are 14 years old and one less than one year ago.

thank you, your help will be appreciated.

Nettles

[Otto 83]

** For non country/region-specific topics like these, it is suggested they be posted in their general/'upper' forums for best results. Moving thread from PI/Regional to "K-1 Fiance(e) Visa Process & Procedures"

[JimVaPhuong 4,865]

I am getting ready to file for my fiance's K1 visa and one of the questions on the application in Part C question 2 is. Have you ever been convicted of three or more convictions for crimes relation to a controlled substance or alcohol not arising frome a single act.

My question is this. Do I need to disclose my DUI convictions??? I have two of them that are 14 years old and one less than one year ago.

thank you, your help will be appreciated.

Nettles

Yep, that adds up to three. Answer "Yes" to question 2 in part C, and provide copies of your court records regarding your DUI's. Be aware that this doesn't make you ineligible to petition for your fiancee in any way. The IMBRA requires that your fiancee be told about your DUI convictions. When your petition is approved, the Department of State will ensure that your fiancee gets a copy of your petition and documents related to your DUI's. If you met through an international marriage broker (i.e., if you answered "Yes" to question 19 in section B) then they will also check with the broker to ensure that the broker complied with the disclosure laws required by the IMBRA. At worst, this might slow down your petition approval a bit, and the subject might come up at your fiancee's interview (e.g., they might ask if she knows about your DUI's). Aside from that, it shouldn't cause you any problems.

[~Johnny~ 27]

If you don't disclose them, then they will likely appear on your FBI namecheck and you'll likely get an RFE for additional info. Maybe not but they do look primarily at past police records and history. But as already mentioned, this doesn't make you ineligible, just be aware that if you don't mention them, then they will likely find out, especially if they are police arrest records.

[AKguy 1]

And don't forget not to worry about it too much after you provide them with the court records. I was worried for the exact reasons you might be, but it's all worked out thusfar. Just make sure your SO knows about them, don't want that type of a surprise in the interview.

[mrsean 4]

that's motor vehicle ,i put no on mine they never said anything

[~Johnny~ 27]

that's motor vehicle ,i put no on mine they never said anything

There's a big difference from being arrested than getting a speeding ticket. The USCIS and NVC will look at nationwide police arrest records. IF you were arrested then you would show up as flagged name on the nationwide FBI namecheck. Currently having DUIs in your past is not a big deal with USCIS or NVC. So why worry about not listing them and then risking RFEs or worse, denials for lying on your petition?

[JimVaPhuong 4,865]

that's motor vehicle ,i put no on mine they never said anything

In every state in the US, a DUI is classified as a misdemeanor, at minimum. This means it is a "crime", and not a simple infraction like a speeding ticket. In some states, it may even be elevated to a felony, especially if an accident was involved, or there were previous DUI convictions. The I-129F specifically asks you to disclose "Crimes relating to a controlled substance or alcohol on three or more occasions, and such crimes did not arise from a single act." A DUI would definitely fall under the definition of a "crime relating to alcohol".

Have you had 3 or more DUI convictions? If so, and you answered "No" to question 2 in part C of the I-129F, the fact that this hasn't come back to bite you yet does not mean that it won't. I don't know where you are in the process, but it could come up at the NVC check, or at the interview (consulates often run a background check on the petitioner). It can also come up when your fiancee applies for AOS in the US, or anytime after that. If it does come up, and if you're lucky, they won't consider it to be material misrepresentation on your part. As Johnny said, having DUI's is not a big deal, as far as petitioning for a foreign fiancee is concerned. Intentionally lying on immigration forms, on the other hand, is a VERY big deal.

At the very least, you shouldn't be advising other people to lie on their immigration forms just because you may have gotten away with it so far.