3rd DWI during process. Will affect us?

[HOU16 0]

Hi everyone we're new in this

We sent our packet on june the 20th

We got our NOA1 5 DAYS LATER.

At the time my fiancee didn't have 3 DWIs which we know that would make us fill a waiver right.

But the 3rd DWI heppened a few days ago.

It's still pending

In somehow will this affect our K1 visa process.

What should we do now?

Thank u everyone for answering.

[aaron2020 11,651]

http://www.alllaw.com/articles/nolo/us-immigration/this-immigration-lawyers-advice-dui-dwi-consequences.html

Can an Alien Be Denied Admission to the U.S. for a DUI Conviction?

Consular processing for immigrant and nonimmigrant applicants

When an individual who is physically present in a foreign country applies for an immigrant or nonimmigrant visa at a U.S. consulate abroad, the grounds of inadmissibility codified in Section 212(a) (violent crimes or crimes of moral turpitude) apply to him or her. If the alien has been convicted of a DUI with an aggravated factor, he or she might be denied the immigrant visa.

Further, if an immigrant visa applicant has a driving under the influence conviction that does not fall within definition of crimes of moral turpitude or crimes of violence, a U.S. consulate abroad may refer the applicant to a panel physician for further review. If the applicant is determined to be an alcoholic, then he/she will receive a Class A determination from the Panel Physician. In this case, the consulate must defer to the Panel Physician’s recommendation.

There is a procedure for review of a Panel Physician’s determination by the Center for Disease Control, but the procedure is rarely if ever used. It is important to work with an experienced immigration attorney before the medical examination required by the consulate. Preparation must start with the review of the facts with the immigrant visa applicant’s physician. If the record indicates possible addiction, immigrant visa applicants must be prepared to explain to the Panel Physician, and present evidence that establishes that the applicant does not possess a medical condition of alcohol or drug addiction/abuse.

In the nonimmigrant visa renewal or revalidation context, a visa applicant may be denied visa renewal as a result of the DUI conviction if the conviction falls within definition of crimes of violence or crimes of moral turpitude under the state law. An individual who falls under the purview of one or more of the grounds of inadmissibility will be denied the visa, unless he or she qualifies for and receives a waiver.

Adjustment of Status/Change of Status

An alien who enters the United States with a nonimmigrant visa, like a tourist visa, and later files an application to change status or to adjust status must establish that he or she is not inadmissible under Section 212(a) of the INA. If the applicant is convicted as a result of vehicular homicide which falls within the description of the crimes of moral turpitude or crimes of violence under Section 212(a) of the INA he/she may be determined to be “inadmissible” and as a result, may be denied the change of status. At that point, removal proceedings (the deportation process) would be initiated.

[EM_Vandaveer 2,370]

Is it the USC petitioner or the alien beneficiary whose 3rd DWI we are talking about? (My guess is that it's the USC, but I could be wrong.)

[HOU16 0]

Hello. Thank u again

Sorry, forgot to tell

Is the US citizen who got the 3rd DWI

In the states of texas

Thanks!

[EM_Vandaveer 2,370]

http://www.alllaw.com/articles/nolo/us-immigration/this-immigration-lawyers-advice-dui-dwi-consequences.html

Can an Alien Be Denied Admission to the U.S. for a DUI Conviction?

Consular processing for immigrant and nonimmigrant applicants

When an individual who is physically present in a foreign country applies for an immigrant or nonimmigrant visa at a U.S. consulate abroad, the grounds of inadmissibility codified in Section 212(a) (violent crimes or crimes of moral turpitude) apply to him or her. If the alien has been convicted of a DUI with an aggravated factor, he or she might be denied the immigrant visa.

Further, if an immigrant visa applicant has a driving under the influence conviction that does not fall within definition of crimes of moral turpitude or crimes of violence, a U.S. consulate abroad may refer the applicant to a panel physician for further review. If the applicant is determined to be an alcoholic, then he/she will receive a Class A determination from the Panel Physician. In this case, the consulate must defer to the Panel Physicians recommendation.

There is a procedure for review of a Panel Physicians determination by the Center for Disease Control, but the procedure is rarely if ever used. It is important to work with an experienced immigration attorney before the medical examination required by the consulate. Preparation must start with the review of the facts with the immigrant visa applicants physician. If the record indicates possible addiction, immigrant visa applicants must be prepared to explain to the Panel Physician, and present evidence that establishes that the applicant does not possess a medical condition of alcohol or drug addiction/abuse.

In the nonimmigrant visa renewal or revalidation context, a visa applicant may be denied visa renewal as a result of the DUI conviction if the conviction falls within definition of crimes of violence or crimes of moral turpitude under the state law. An individual who falls under the purview of one or more of the grounds of inadmissibility will be denied the visa, unless he or she qualifies for and receives a waiver.

Adjustment of Status/Change of Status

An alien who enters the United States with a nonimmigrant visa, like a tourist visa, and later files an application to change status or to adjust status must establish that he or she is not inadmissible under Section 212(a) of the INA. If the applicant is convicted as a result of vehicular homicide which falls within the description of the crimes of moral turpitude or crimes of violence under Section 212(a) of the INA he/she may be determined to be inadmissible and as a result, may be denied the change of status. At that point, removal proceedings (the deportation process) would be initiated.

It's not the alien, but the USC who is on their 3rd DWI.

[EM_Vandaveer 2,370]

~ OP, please don't start multiple threads with the same issue. Moved to main K-1 Visa forum from K-1 Progress Reports ~

Edited July 21, 2016 by EM_Vandaveer

[stealth__69 6]

Hi everyone we're new in this

We sent our packet on june the 20th

We got our NOA1 5 DAYS LATER.

At the time my fiancee didn't have 3 DWIs which we know that would make us fill a waiver right.

But the 3rd DWI heppened a few days ago.

It's still pending

In somehow will this affect our K1 visa process.

What should we do now?

Thank u everyone for answering.

I have personal experience with this subject. You do not need a waiver for 3 or more DUI's. It does not affect your petition at USCIS. Just answer truthfully and provide all records from court for convictions. Good luck.

[dmck 80]

3 dwi - this is someone with a serious problem. 1, ok fine lesson learned. 3 is a huge redflag, this person has no regard for their life or others. Walk away.

[NuZayetsPogodi 117]

Glad someone else said it. You want to marry someone who's been CAUGHT three times drunk driving? And that's three times CAUGHT, nevermind all the other times they were drunk driving and nobody was the wiser.

In Texas, the third DWI is a felony. So, you are marrying a felon.

In Texas, someone who is convicted of a DWI could face a $10,000 fine, two-ten years in prison, and complete no fewer than 80 hours of community service. The convicted may serve time in a drug rehab in lieu of spending time in jail. Your fiance will have to pay as much as $2000 a year for 3 years to keep his driver's license -- IF he's allowed to keep his driver's license.

Mark my words - this is a FELONY. Almost 10,000 people every year are killed in a car accident involving a drunk driver. Your fiance made a decision at least three times that could have easily killed someone. Your question was, "Will this affect us?" Even IF the USCIS and the embassy don't care, YES, this problem will affect you!!! Do you want to be the passenger in a car driven by a drunk driver? Do you want to have a police officer come to your door in the middle of the night saying that your husband killed himself in a car accident? Or do you want to see your husband on trial for killing someone's child, spouse, or parent because he was driving drunk? No? Then you really need to re-think this. Because yes, alcoholism WILL affect you.

3 dwi - this is someone with a serious problem. 1, ok fine lesson learned. 3 is a huge redflag, this person has no regard for their life or others. Walk away.

[Sandra G. 5,021]

It will not affect your K1 visa, but it will affect your life because your fiance is an alcoholic.

[agrabs 237]

It will not affect your K1 visa, but it will affect your life because your fiance is an alcoholic.

This!

[Unlockable 7,306]

I've been lurking this thread since its inception but remained tight lipped. Since it is out there now, I echo the concerns about problems with alcohol rather than problems with immigration.

[kris&me 572]

No one here is judging you, the beneificary, so please don't take any of us wrong, but they have given serious recommendations and you need to listen and get out

My cousin was sitting in a parked car when a drunk driver plowed into it. She still lives in a home for brain damaged adults

This affected every member of my family especially her identical twin sister

people try, many of them try hard, but you will find out at some point, you can not live with a drunk

sorry this happened after all your dreams and hopes to come to the US to a decent man and marriage but his drinking may be why no US woman wanted him

[SunflowerSweet 1,321]

You filed June 20th 2016? As in a month ago?

So your saying your fiance received 3 DUI's in the span of one month?

The fact that you are discussing this so non-nonchalantly is extremely disturbing.

I sincerely hope you consider carefully getting into a vehicle with this person, let alone a marriage.

Coming from someone who has lost a friend and family member to drunk driving in a state with notoriously lax drinking and driving laws.. get your fiance help or get out.

[Marco&Bettina 502]

OP, your Fiance will not have the money to adjust your status if you come here on a K-1 & yall get married. He will be too busy spending all his money paying the state of Texas to basically allow him to stay out of jail & allow him to stay on the road. He will also likely have to spend time in jail for his felony once he's convicted of his 3rd DWI. I'm assuming at this point he's been pulled over for DWI but not yet convicted. You won't hear from him for a while when he's away. That should give you time to find a better partner in life. Take it from someone who has 1 DWI conviction in Texas 10 years ago. You know why I only have 1? Because lesson learned. In order to get 3, he's made a string of bad decisions in life. You should not take lightly the thought of attaching yourself to someone who not only has a drinking problem but also has the lack of morals necessary to put others' lives in jeopardy when he then gets behind the wheel. Texas is a hard state for DWI convicts. And it's because they want to set an example. They will no doubt set an example with your Fiance and if you come here & marry him, you will pay also, in more ways than you can imagine.

Edited July 21, 2016 by Marco&Bettina