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maxxnys

Recent DWI Charge and its effects?

By maxxnys in K-1 Fiance(e) Visa Process & Procedures

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maxxnys Apprentice

maxxnys   0

Posted
Filed: AOS (pnd) Country: Haiti
 Timeline
Posted

Hello all,

I am a US Citizen and my fiancé is from Ukraine. She is actually here with me now in USA on a B1/B2 Business/Tourist visa until November. Here is the issue:

One week before she arrived about 6 weeks ago I went out and did a stupid thing... I celebrated her pending visit and had too much to drink and got a DWI. Since this is my second in 10 years in New York State it is a pretty serious charge ... currently a felony charge. Please I know I made a big mistake I do not need reminders of this. My concern is my fiancé's status in the future.

I have not been convicted of anything and the whole process should take about 6 months to conclusion. Worst case scenario will most likely be a Class E (lowest level) Felony conviction with 18 months probation. Best case will end up being a misdemeanor with most likely probation.

We plan to go through the K-1 process currently so here are my questions:

1. With me as the US citizen how will this affect my application during my pending criminal case?

2. If convicted (actually when convicted) how will this affect the process?

We have not yet filed any applications toward the K-1. Should we look at other immigration options for my fiancé other than K-1?

Thanks,

Maxx.

Her: Ukraine

Me: USC

Met online: 07/2013

Met in person- Ukraine: 11/2013

We were not serious but just friends.

She visited 05/2014

Engaged 07/2014

Married 08/2014

Mailed I-130, I-485, I-765, G-1145: 11/22/2014

Electronic text/email NOA1 with 3 receipt numbers: 12/02/2014

NOA1 - I-797 in mail: 12/05/14

Biometrics Notice I-797c: 12/12/14

Biometrics Taken: 12/23/14

Email interview notice: 01/06/15

I-765 EAD Approved: 02/03/15

Interview Date: 02/10/15 - Approved notice and card ordered via email 4 hours after interview.

I-130 approved: 02/10/15

I-485 approved: 02/10/15

Hypnos Grand Master

Hypnos   6,579

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

It's a non-issue.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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