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

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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.

[Penguin_ie 5,984]

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?

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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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Has Anyone else been in a similar situation? and if so, how much time had passed before you could re-apply again?

Any information on this and ill be very grateful.

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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.