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Petitioner got DUI, Will this affect CR-1 process

By WH&DL in IR-1 / CR-1 Spouse Visa Process & Procedures

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WH&DL Contributor

WH&DL   0

Posted
Filed: IR-1/CR-1 Visa Country: China
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Hi all, I have some concern, wish someone who had the same experience or knowledge could help me out.

A little background is in order...I'm the beneficiary who lives in Canada, my USC husband got a DUI 1.5 years ago, so he can't come to Canada visit me. I visited him 3 times for total, and none after starting this process. So if during the interview, the officer ask me about the reason why my hubby didn't visit me even once? Which option should I take:

1.tell the officer that my hubby got a DUI

2.avoid giving too much information, just say he's busy

I understand I'd better tell the truth. My concern is, if I do so, will this affect or delay our petition? or gonna bring background check/ administrative review after the interview?

I'm apologizing if my question is kinda silly. Can anyone tell me, CIS do the background check on Petitioner or consulate do it? if is CIS, Will it come up during background check? they should know that my hubby got DUI already, right?

Thank you all in advance for any insight :help:

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pushbrk Grand Master

pushbrk   12,266

Posted
Filed: Other Country: China
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Posted

Hi all, I have some concern, wish someone who had the same experience or knowledge could help me out.

A little background is in order...I'm the beneficiary who lives in Canada, my USC husband got a DUI 1.5 years ago, so he can't come to Canada visit me. I visited him 3 times for total, and none after starting this process. So if during the interview, the officer ask me about the reason why my hubby didn't visit me even once? Which option should I take:

1.tell the officer that my hubby got a DUI

2.avoid giving too much information, just say he's busy

I understand I'd better tell the truth. My concern is, if I do so, will this affect or delay our petition? or gonna bring background check/ administrative review after the interview?

I'm apologizing if my question is kinda silly. Can anyone tell me, CIS do the background check on Petitioner or consulate do it? if is CIS, Will it come up during background check? they should know that my hubby got DUI already, right?

Thank you all in advance for any insight :help:

Tell the truth. ONE DUI for the US Citizen is not an issue for your immigration.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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RICARDO4EVA2 Mentor

RICARDO4EVA2   194

Posted
Filed: F-2A Visa Country: Jamaica
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Posted

no isssue @ all.

Current cut off date F2A - Current 

Brother's Journey (F2A) - PD Dec 30, 2010


Dec 30 2010 - Notice of Action 1 (NOA1)
May 12 2011 - Notice of Action 2 (NOA2)
May 23 2011 - NVC case # Assigned
Nov 17 2011 - COA / I-864 received
Nov 18 2011 - Sent COA
Apr 30 2012 - Pay AOS fee
Oct 15 2012 - Pay IV fee
Oct 25 2012 - Sent AOS/IV Package
Oct 29 2012 - Pkg Delivered
Dec 24 2012 - Case Complete
May 17 2013 - Interview-Approved

July 19 2013 - Enter the USA

"... Answer when you are called..."

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coraliesolms Rising Star

coraliesolms   47

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Filed: IR-1/CR-1 Visa Country: South Africa
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Posted

Hi.. I sent you a PM. I had the exact same deal. Its no problem, they will ask you at your interview, but I think its mostly just to make sure you know your spouse. So if they ask.. be honest!

Invictus..

Out of the night that covers me,

Black as the Pit from pole to pole,

I thank whatever gods may be

For my unconquerable soul.

In the fell clutch of circumstance

I have not winced nor cried aloud.

Under the bludgeonings of chance

My head is bloody, but unbowed.

Beyond this place of wrath and tears

Looms but the Horror of the shade,

And yet the menace of the years

Finds, and shall find, me unafraid.

It matters not how strait the gate,

How charged with punishments the scroll.

I am the master of my fate:

I am the captain of my soul.

William Ernest Henley

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coraliesolms Rising Star

coraliesolms   47

Posted
Filed: IR-1/CR-1 Visa Country: South Africa
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Posted

Not at all. That is what the USCIS does, first they check your hubbies background to make sure he is eligible to bring you over, once it has gone to the NVC, then your petition starts. Like I said earlier, the only reason they would ask at your interview, its to make sure you really know your husband, consider it evidence of a bonafide relationship :)

Invictus..

Out of the night that covers me,

Black as the Pit from pole to pole,

I thank whatever gods may be

For my unconquerable soul.

In the fell clutch of circumstance

I have not winced nor cried aloud.

Under the bludgeonings of chance

My head is bloody, but unbowed.

Beyond this place of wrath and tears

Looms but the Horror of the shade,

And yet the menace of the years

Finds, and shall find, me unafraid.

It matters not how strait the gate,

How charged with punishments the scroll.

I am the master of my fate:

I am the captain of my soul.

William Ernest Henley

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WH&DL Contributor

WH&DL   0

Posted
Filed: IR-1/CR-1 Visa Country: China
 Timeline
  • Author
Posted

Thanks Coraliesolms, also for your PM. I really appreciate your thoughtful reminder. Our baby got her US citizenship and passport already :)

So does USCIS do the background check on every USC who file the petition? As you said, when the time we got NOA2, they should had my husbands record already, right?

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coraliesolms Rising Star

coraliesolms   47

Posted
Filed: IR-1/CR-1 Visa Country: South Africa
 Timeline
Posted (edited)

Yes, if you have an NOA2.. you can bet your bottom dollar theyve done a background check on him. That is what the first part of the whole application process is about.. making sure the USC is eligible to "import" a wife. See, look at it this way... he is already in the US... its not like they can kick him out because he had a DUI... HOWEVER.. you are the one COMING to the US.. they can keep you out if YOUR record isnt clean. :D

Its good that you have CRBA... I was a dodo and didnt get it for Amy.. it was over the olympics too and the Vancouver consulate that I had to do it at was closed to the public...so it added an extra 3 months onto my visa.

So stop fretting, it sounds like you have all your I's dotted and T's crossed :)

good luck with your journey, and dont hesitate to PM if you need any more advice :))

Edited by coraliesolms

Invictus..

Out of the night that covers me,

Black as the Pit from pole to pole,

I thank whatever gods may be

For my unconquerable soul.

In the fell clutch of circumstance

I have not winced nor cried aloud.

Under the bludgeonings of chance

My head is bloody, but unbowed.

Beyond this place of wrath and tears

Looms but the Horror of the shade,

And yet the menace of the years

Finds, and shall find, me unafraid.

It matters not how strait the gate,

How charged with punishments the scroll.

I am the master of my fate:

I am the captain of my soul.

William Ernest Henley

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