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PLEASE HELP, I haven't been able to see my fiance in over a year

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Filed: K-1 Visa Country: South Africa
Timeline

I have just joined this site after reading it numerous times over the course of the past year. My Fiance who is an American and I got engaged in June of last year, I am originally from South Africa and my F-1 Visa was coming to an end. We went to Europe and I had to go to the embassy in London to renew my F-1 to get back in. I have a previous DUI charge that is over a year old which I got in California (this is the only charge I have ever gotten in my entire life and I am not proud of it). When I tried to re-apply in June of last year I was sent to a panel physician by the embassy and later on i found out i was denied because of a Physical or mental disorder?! I am hired by american apparel, so their lawyers got my O2 approved (quicker turn around time than a K-1) and it was approved by USCIS. When I went for my interview back in South Africa I was denied again because of my previous denial in London, when I asked for a waiver they told me that it had been denied a week after the interview. Now my lawyers have filed a FOIA (freedom of information) to try and see what is in my file. How long is the ban that I have, and should my fiance and I start the K-1 process rather than staying with the O2? The O2 seems like a waste of time and something the embassy does not care much about. Would it make any difference with the K-1??? and how do you clear your record of a physical or mental disorder?

My Fiance and I have not been together in over a year. I dont understand how a minor charge has caused such an issue.

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Filed: Citizen (apr) Country: Ireland
Timeline

One DUI should not be a major issue for a K1, but it depends on what exactly happened- ie did you hurt someone, was it alcohol or illegal drugs etc. Did you get convicted and if so, what did you ned to do/ pay? Did you attend any kind or rehab/ AA type stuff?


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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Filed: K-1 Visa Country: South Africa
Timeline

Thanks for your reply. It was an ordinary DUI, no one got hurt and there was no car crash or damage to any property. I've just been trying for over a year to get in on an O2 and its impossible. When I go for an interview at the consulate it lasts a total of two minutes, if that. Do you think It would be better for me to drop the O2 and just start from scratch with the K-1? I spoke to a consulate general member that i got in touch with in Cape Town and he said non-immigrant waivers are almost impossible to obtain, but immigrant visas get a lot more consideration. I just want to know that I am not permanently banned and how long it will take before they re-consider my application.

thanks again for your reply

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Filed: K-1 Visa Country: South Africa
Timeline

One DUI should not be a major issue for a K1, but it depends on what exactly happened- ie did you hurt someone, was it alcohol or illegal drugs etc. Did you get convicted and if so, what did you ned to do/ pay? Did you attend any kind or rehab/ AA type stuff?

It was just a straight forward DUI, no one was hurt. I was driving alone in the car. I attended all the classes and paid all the fines before I left the states. The only thing still active is the 3 years of probation, but this is standard for any DUI charge.

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