DUI

[shee.laugh 0]

Hi everyone,

I have been confident that DUI of petitioner wont affect our K1 application, but as I keep reading other people's experience it starts to bother me. We sent our packet last month and received the NO1, now waiting for NOA2. At the same month my fiance was given an option by the court to either go jail or rehab (he decided to go to rehab but he is still in the waiting list), while we are waiting for NOA2 he is also in waiting list for rehab and said it will most likely take 6months. crazy huh! CAn anybody tell me if DUI will or will not affect our application? Can anybody give me an official reference regarding this matter?

Thanks alot!

[Operator 1,927]

That is a difficult question to answer as each petition is unique. If the i-129f was filled out truthfully I would say one DUI would not have much of an impact on your petition. If he has had more than one and enough to answer yes to question 2 of part C then I would imagine there would be more scrutiny during background and name checks.

The only official reference I can point you to would be the adjudicators field manual.

http://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-15.html

Jail or rehab for a first conviction seems stiff to me (based on my states legislation).

[shee.laugh 0]

thanks for ur response I appreciate it.

It was his 1st ever and we sent the package before his trial the question in Part C 2 his answer was No as we don't consider it as a criminal offense(hope not.)

[Operator 1,927]

thanks for ur response I appreciate it.

It was his 1st ever and we sent the package before his trial the question in Part C 2 his answer was No as we don't consider it as a criminal offense(hope not.)

He would only have to answer yes if he has had 3 or more convictions for crimes relating to alcohol. You should be fine. Be sure you are fully aware of everything going in to the interview.

[shee.laugh 0]

that helps alot... thank you so much... I hate this waiting time though.. it's making me crazy LOL

[Operator 1,927]

that helps alot... thank you so much... I hate this waiting time though.. it's making me crazy LOL

Oh, I just looked at your timeline, yeah you still have a wait. Don't let it get to you. One day it will be in the past and it won't seem so bad.

[Dante & Geor 36]

DUI for the first time is considered a misdemeanor (we checked), so you will be fine.

My fiance had a DUI in 2007 and we applied back in March 2011, we didn't seem that to be sort of a problem!

Good luck

[shee.laugh 0]

DUI for the first time is considered a misdemeanor (we checked), so you will be fine.

My fiance had a DUI in 2007 and we applied back in March 2011, we didn't seem that to be sort of a problem!

Good luck

I wont worry if it happened years ago. He is under probation as of this moment. I hope and pray this wont take so long as we badly wants to be with each other :-)