I believe she was talking about the criminal record of the petitioner and not the beneficiary. Her comments were basically accurate, since submitting evidence about the DUI's and assault charges are meant to comply with the IMBRA, and are mostly intended to provide disclosure to the beneficiary. The only time those factors would be used to deny the approval of a petition is if the petitioner was also asking for a waiver of the multiple filing limitations. These also only apply to a K1 visa petition. They don't apply to a spousal visa petition.
However, her comments about terrorism and human trafficking are not correct. I think she's getting confused between what crimes by the petitioner would result in denial of the petition, and what crimes by the beneficiary would result in denial of the visa. A petitioner could have a long and sordid criminal history, including terrorism and possibly even human trafficking, and still have their petition approved. The only sort of criminal history that I'm aware of that makes a petitioner ineligible to submit ANY family based visa petition are those crimes which fall under the Adam Walsh Act, which are primarily crimes involving assault or molestation of children, and violations of immigration law.
To the OP: You need to check "Yes" in part C, question 2 of the I-129F. You need to get copies of all court and police records pertaining to your crimes. The custodian of records (usually a court clerk) can certify the copies.
Your fiancee will need the court and police records of her arrest at the interview. Public drunkenness is not a crime involving moral turpitude, but the panel physician can deny her if they determine she's an alcoholic. Domestic violence often IS a crime involving moral turpitude. She doesn't have to be convicted in order to be denied. She only needs to admit to having committed the crime.
Just be honest and answer all the questions truthfully and honestly as possible .The USCIS does criminal background checks on the petitioner and the Beneficiary . Just apply and cross yr fingers . Just a tip --Clean up yr act .
The reason for giving the USCIS your criminal record is so your fiance' will know your criminal past. It is not intended to deny you or your fiance approval. Only certain crimes would be reason to deny the approval. Such as terrorism, drug trafficking, etc... As long as your fiance has been advised of your past criminal record and if she still wants to be with you then that is all the embassy cares about. Their job is done. They have to let her know of certain crimes because of the violence against foreign brides that have happened in the past. And also the lying that both the men and women do in concealing important things about themselves. Women usually lie about kids, how many marriages, prostitution, etc...and men usually lie about drinking, drugging, and violence. As long as she knows about your DUI's and you are honest in your petition you should be fine.
By the way, have you gave up the drinking? Or at the very least the drinking and driving? That kind of life leads to knowhere quick. I am saying this from experience brother.
Good luck,
Rod
