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apotyperez

fiance visa petitioner with dwi

By apotyperez in IMBRA Special Topics

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KayDeeCee Grand Master

KayDeeCee   4,893

Posted
Filed: Citizen (apr) Country: Mexico
 Timeline
Posted

No waiver involved for the USC petitioner, but if they had 3 or more convictions for crimes relating to a controlled substance or alcohol not arising from a single act, then they will need to check Yes to that question in Part 3 of the I-129F and provide the court records involved with them all. See the actual I-129F form, Part 3, and the I-129F instructions.

This is an IMBRA issue and all about the beneficiary being aware of the incidents and criminal records of the USC petitioner.

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

apotyperez Rookie

apotyperez   0

Posted
Filed: Other Country: Philippines
 Timeline
  • Author
Posted

He had 4th offense of dwi. He is still under probation but attended some classes and cleared from court. Now he is a free man and we would like to continue our life together. Thanks for all the replies. I think I really need to consult to a lawyer before we submit the petition.

pepper44 Enthusiast

pepper44   18

Posted
Filed: Other Country: Cuba
 Timeline
Posted

I'm a Petitioner and had to answer yes to that question. I added a supplement and all court documents for my case. I am not sure it will be a problem but I hope not. I hope that helps. If he is the petitioner he would do the same. If he is the beneficiary then you would need the waiver as stated before.

2nd go round

1st K-1 Denied

Subitted Feb 2-6-15

NOA1 - 2-18-15

NOA2 - 8-18-15

Interview 11-25-15 - Denied

And Here we go again -

New K1 submitted - 1-9-16

NOA1 - 1-12-16 (according to USCIS)

Text received 1-15-16

hardcopy - not received yet as of 1-26-16

Ilovemyman Proficient

Ilovemyman   147

Posted
Filed: K-1 Visa Country: Dominican Republic
 Timeline
Posted

If he is the petitionwr, you dont need a lawyer, all he needs is send all his court records.

Lawyer are useless in this case, only you are going to expend money.

But if he is the beneficiary, then you need a lawyer.

He had 4th offense of dwi. He is still under probation but attended some classes and cleared from court. Now he is a free man and we would like to continue our life together. Thanks for all the replies. I think I really need to consult to a lawyer before we submit the petition.

Ilovemyman Proficient

Ilovemyman   147

Posted
Filed: K-1 Visa Country: Dominican Republic
 Timeline
Posted

Good luck, and be sure he send copy to you about his records corts, when you be at the interview stage his records are going coming on, then you can explain that you know about his records.

Thank u so much for the info. he is the petitioner so we will just do it on our own and just submit all the documents needed. GOOD LUCK TO US :)

Al422 Experienced

Al422   221

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

Yes 3 or more is the trigger. Don't try to hide it because that is visa fraud and big trouble. The trouble you have right now is only small trouble and can be overcome with the right work and patience.

What would be most helpful is for those who had 3 or more and got it resolved to tell us what worked for them.

I can't really tell you from experience because I don't drink. But I am fairly confident that if you do the right things, it will be a small problem that will go away.

Defiintely keep up with the rehab because that is key to showing USCIS that your alcohol dependency is under control and will not present a danger to your fiance.

Good luck to you.

  • 7 months later...
pepper44 Enthusiast

pepper44   18

Posted
Filed: Other Country: Cuba
 Timeline
Posted

No it doesn't matter - just supply ALL documents, and information for each conviction.

I supplied my court documents showing my charges, and the outcome of the charges. I went to the court house and got them all at the same time, they are stamped by the court, they show all fines are paid.

Now if you have 3 and are a convicted Felon - well - 1. You shouldn't be allowed to leave the country but 2. Not sure the answer to that. I am not a felon. Thank God

2nd go round

1st K-1 Denied

Subitted Feb 2-6-15

NOA1 - 2-18-15

NOA2 - 8-18-15

Interview 11-25-15 - Denied

And Here we go again -

New K1 submitted - 1-9-16

NOA1 - 1-12-16 (according to USCIS)

Text received 1-15-16

hardcopy - not received yet as of 1-26-16

TBoneTX Grand Master

TBoneTX   45,469

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

*** Thread moved from K-1 Process forum to the IMBRA subforum. ***

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

  • 6 months later...
pepper44 Enthusiast

pepper44   18

Posted
Filed: Other Country: Cuba
 Timeline
Posted

I wanted to give an update on this since I just received an RFE for my second Fiance Petition.

TSC handled my first petition and I marked the form yes - included all court documents - they never asked for anything additional.

Now with this new petition - it went to CSC they are asking me to request a waiver for extraordinary circumstances because of my previous DUI convictions.

So just to be safe for anyone who reads this and has prior DUI's more than 2 I would supply all court documents, and also a waiver request.

2nd go round

1st K-1 Denied

Subitted Feb 2-6-15

NOA1 - 2-18-15

NOA2 - 8-18-15

Interview 11-25-15 - Denied

And Here we go again -

New K1 submitted - 1-9-16

NOA1 - 1-12-16 (according to USCIS)

Text received 1-15-16

hardcopy - not received yet as of 1-26-16

 
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