Previous overstay in another country and DUI

[dee4dub 0]

hi guys,

i was just wondering i had a 2 year work holiday visa for the UK in 2005 and overstayed the visa by about 6 months, during the time i stupidly got a low range DUI.... i went to court and received a 85 pound fine.. i was never asked about my visa and never even had to show my passport.. i was let go and travelled to the united states multiple times on the VWP and was never once asked about my overstay and even received an E-2 work visa to work in the states.. i am concerned now that me and my fiancee are filing for a K-1 and part of this requirement will force me to provide a police certificate for any country i have stayed for longer that 6 months... i am worried that when i get the report they will find out that io overstayed my visa in england? its a tricky situation and i am just concerned.

any advice would be great.

[Al422 221]

The US forms do not ask about overstays in other countries. No need to volunteer anything that is not asked.

If the DUI shows up on the police record, there is nothing you can do about that. Definitely do not lie, as that will get you in serious hot water. They might make you do an alcohol evaluation if they find out about the DUI, but it should not be a really serious problem. Just take it one step at a time and remember that this is a solvable problem. But attempting to conceal it and then being accused of visa fraud is not solvable.

Don't turn a solvalbe problem into a non solvable one.

[Hypnos 6,576]

Your overstay in the UK won't be an issue.

DUI is not a CIMT, so you are probably ok there also.

Edited December 28, 2014 by Hypnos

[dee4dub 0]

thanks so much guys,

i guess there is no way of getting around the DUI , but to be honest i don't think i was even fingerprinted back then as i was leaving the country soon after... we have started the K-1 Journey 3 weeks ago and have a great attorney working our case so hopefully everything goes smoothly..

i appreciate all your input.

[jan22 3,056]

Overstay in UK not an issue. You say you used the VWP for trips to the US? Isn't there an ESTA question about ever having been arrested? Did you reveal your DUI in the ESTA info? Of so, no problem with that, either.

[dee4dub 0]

well this is the question - ) Have you ever been arrested or convicted for a crime that resulted in serious damage to property, or serious harm to another person or government authority?" so that does not count for me

[Hypnos 6,576]

Yes, they seem to have recently changed the phrasing of that question.

[Boiler 45,657]

Never asked about DUIs for the VWP.

[Jawaree 718]

You require PC for all countries lived in 6 mths and over,

overstays in other countries aren't a concern to the US unless

U were trying to only obtain a visitor visa....since its a K1, please

be sure to disclose the DUI it can only be a minor hiccup (if any),

but to lie would become a major problem

[dee4dub 0]

thanks so much for your response's guys. its putting my heart at ease

[BrianIvan 1]

please help me too, my fiance overstayed as well not in the uk in another country. Since you guys say that it will not bother the us, what happens is they ask about the ovestayed situation?

[Hypnos 6,576]

You answer truthfully.

[Cody and Daisy 373]

please help me too, my fiance overstayed as well not in the uk in another country. Since you guys say that it will not bother the us, what happens is they ask about the ovestayed situation?

You should know the answer to this.

You do not lie, ever, during this process.

You always tell the truth.

[VOL 425]

please help me too, my fiance overstayed as well not in the uk in another country. Since you guys say that it will not bother the us, what happens is they ask about the ovestayed situation?

How would US know someone overstayed in another country?

[I AM NOT THAT GUY 5,715]

How would US know someone overstayed in another country?

Depends what is stamped in the passport and how closely the IO is paying attention when the passport is turned over to the Consulate for Visa processing.