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Charlie123456

K1 denial of beneficary DUI?

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Hi!

Im new for this forum and hi to all. Sorry if im posting wrong or anything but its my 1st time.

My question concerns a beneficiary in K1 (Me) has DUI conviction from 9.5 yrs ago. I was 19 at the time. It was DUI bc of Alcohol. My criminal record is expunged / cleared but naturally DS160 form indicates clearly "IF EVER". Naturally i will come clean with this and get the court documentation since my record shows blanks these days. My fiancee knows all this stuff and she is dont worry about it. But still...

This is my only single DUI and only encounter with law ever but it has kept me awake now awhile again. It was a DUI where no one got hurt and no damages occurred to any properties or vehicles.

Only my reputation got hurt. But local court took a hard-line and i lost driving license for 5 months, got 50 days of probation and 125€ fine.

I've read that since its a DUI of single act and not DUI while driving with suspended licence or damage of properties, not drugs related etc it would not be a CIMT?

My question is that, does any one have similar experiences in the interview process and perhaps how i should address this thing and has anyone denied a K1 ever of single DUI several yrs ago?

Also do they consider anything what has happened after that incident. e.g. eduation etc.. I have BA, and Msc , strong employment history does these things affect, i would be seen as a "good guy" after all?

Thanks for your time and hope someone can message back!

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Filed: AOS (apr) Country: Kenya
Timeline

It won't hurt your chances.

Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

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Filed: AOS (apr) Country: Canada
Timeline

I just received my K1 visa the other day and I was convicted of care or control over 80mgs in 2010 (I was 19 at the time as well). Care or control isn't quite the same as a DUI, as I wasn't driving, but the consequences are the same in Canada (fine and 1 yr license suspension, no jail time). I provided my criminal record and court documents to the doctor performing my medical and to the consulate. I had to complete a "DUI waver" checklist for my medical which involved gathering some documents (proof of attending a responsible driving course, letter from my physician clearing me of any drug/alcohol abuse issues, and 2 reference letters from my employer and a friend). It was annoying but easy. I have never had any drug or alcohol issues, I went to a recognized post-secondary school, and I had outstanding referrals. I think what I provided was overkill.

The doctor asked about the incident specifically but the consulate did not. The consulate just asked if I had received jail time (I didn't). It was pretty much a non-issue!

TL;DR Just gather the requested documents, try to provide proof that you are a responsible human being who made a mistake, and you have nothing to worry about.

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Mike-eeh and Odie Wow, that is harsh 1yrs ban. i spilled some coffee just now. considering its now legal in some states.. sashacher that's really helpful! I think i do this reference thing too just in case. i didn't have to go to any rehabilitation or physician so if they require a statement from someone i guess i go then. But thanks so much! that reference thing didn't even cross my mind.
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Filed: K-1 Visa Country: Philippines
Timeline

Mike-eeh and Odie Wow, that is harsh 1yrs ban. i spilled some coffee just now. considering its now legal in some states...

Yeap, and during that 1 year, one is subject to multiple random drug tests. The good news however, if one is clean after 1 year, the visa is usually issued.

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Went through same thing with my fiance. Almost exact same circumstances. 8 years before, no other charges. He had a class B medical because of it being considered a prior alcohol problem, which doesn't effect your chances unless you get another DUI as long as you don't look like an alcoholic at the medical exam or interview. :) we got accepted just fine. He enters us in 2 days!

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My husband had a DUI, no problem at all :-) it becomes a problem with 2 or more DUI's

Filed k1 - 08/20/2015

NOA1 - 08/25/2015

NOA2 - 9/17/2015

NVC Received - 10/14/2015

Send to Amsterdam - 10/16/2015

Amsterdam received - 10/19/2015

Packet 3 in the mail - 10/22/2015

Packet 4 in the mail - 11/3/2015

Medical - 11/23/2015

Interview !!!! - 12/3/2015 Approved !!!

POE - 12/15/2015 (finally)

 

Wedding 01/15/2016 !!

 

AOS!

Filed AOS - 03/15/2017

Noa 1 - 03/30/2017

Biometrics - 04/21/2017
RFE - 04/10/2017

Send RFE back - 06/18/2017

RFE Received (status changed) - 06/27/2017

EAD/AP Approved - 09/18/2017

 

Filed N400 (Naturalization) - 03/24/2024

 

 

rsz_waitisover1.jpg.e64ce44221da1246df04d25bf6a04bab.jpg

 

                                                                                                                                                   

 

 

 

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yet another thanks to you all! Easmith0340 2 days wuhuu!! Mikee-eeh and Odie, even it sucks to go through all that, its cool to hear after year its whole different ball game again. Good luck with your efforts and im positive all goes well! Essiej thanks to you too:) "no problem at all"

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