Arrested for DUI after submitting I-129F

[mcdoodles 0]

Hello all,

 

My fiance, the US citizen petitioner, was arrested for a DUI literally the day after submitting our I-129F. He's incredibly remorseful and has quit drinking and is getting help through a therapist.

 

Unfortunately, when we filed the petition, the answer was an honest "No" on Part 3 Item number 4.a

"Have you ever been arrested, cited, charged, indicted,
convicted, fined, or imprisoned for breaking or violating
any law or ordinance in any country, excluding traffic
violations (unless a traffic violation was alcohol- or drug-
related or involved a fine of $500 or more)?"

 

But now the answer would be a "Yes" NOW if I am understanding this correctly.
We already have our NOA1 and this arrest happened after we had already submitted it.

What is our next steps? Should we wait for an RFE? Any other advice?

The problem is, the only document he has right now is the arrest record since the DUI charge is still pending and it hasn't gone to court yet.

Edited June 2 by mcdoodles
Missed important information

[smilingstone 586]

I imagine there would be an RFE once they run their checks and see the charge. If so, depending on the amount of time they give you, they'll have to submit what documents are available to them, and maybe even a letter explaining the timing of the arrest and lack of court docs if it's still pending.

[W199 463]

He will need to submit the court documents showing the disposition of the case.  You will need to hope that the I-129F and RFE takes longer than going to court does and being sentenced does. It probably will so don't worry.

 

One potential risk is if USCIS doesn't send an RFE, then you could run into troubles at the consulate level.  Therefore, whether he gets an RFE or not, if it was me, I'd send in the court disposition proactively to USCIS, and/or consult a lawyer if you do not get an RFE 

[TBoneTX 47,495]

And, as soon as you get your A# and your petition has gone to the consulate, proactively send an e-mail (A# in Subject line), saying what you told us and attaching the disposition of the DUI case.

[mcdoodles 0]

I consulted an immigration lawyer and they told me that proactively sending USCIS anything could hurt my case by overexplaining.

The petitioner (my fiance) will get his court documents certified as they come but unfortunately he has nothing so far since he hasn't gone to court yet.

I was assured that things will be fine since answering "No" that he has never been arrested WAS true at the time of sending in the application, it wouldn't be a problem.

Just hoping that an RFE or anything wouldn't put too many road blocks..

Any thoughts?