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please help ! question about criminal conviction

By fys in K-1 Fiance(e) Visa Process & Procedures

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fys Apprentice

fys   0

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Filed: Timeline
Posted (edited)

Hello all :-)

I am currently in the paperwork process for the k1 visa , i am the petitioner, U.S. citizen , and i have a question that has been bothering me, and i cant seem to find any straight forward answers online or from anyone ... i just hope someone here in visa journey forums can reassure me ...

so, here is the problem...

I have one (1) criminal conviction for DUI ,it was NOT "and extreme DUI" ... and it was in june of 2000, ten years ago ( i spent 24 hours in jail) ... will this cause the k1 visa to bring my fiancee over to America to get married to be denied ?? or hinder the process in any way ?? again, this is my only criminal offense . and do i need to let it be known in the forms ?? or does it fall under the category of " if convicted 3 times of the same offense thing " ?? please help ... i need peace of mind ... it was a stupid horrible thing i did 10 years ago ... and ofcourse never will happen agian ..

thank you so much for any answers you can provide !

peace -

Edited by fys
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Boiler Grand Master

Boiler   44,927

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Filed: K-1 Visa Country: Wales
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No bearing.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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JimVaPhuong Veteran

JimVaPhuong   4,863

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Filed: K-1 Visa Country: Vietnam
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The answers you want are in the instructions for the form. I think you're worried because the instructions don't say "Hey fys! This doesn't apply to you!". :blush:

What you saw about the "three crimes thing" was the instructions for the IMBRA. The IMBRA act requires that certain kinds of crimes by the petitioner be disclosed to the foreign beneficiary. You would need three or more alcohol or controlled substance crimes before the disclosure requirement would kick in. You have one DUI conviction. Unless you have other convictions that might be covered by the IMBRA, you don't need to disclose anything. Check "No" in Part C, question 2.

Just to put your mind at ease, even if you DID have to disclose any IMBRA related crimes, it wouldn't be used to deny your petition unless you are ALSO asking for a waiver of the multiple filing limitation. This is explained (albeit not very well) in the form instructions.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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Ryan H Grand Master

Ryan H   3,810

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Filed: Lift. Cond. (apr) Country: China
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Posted (edited)

Keep in mind that a VO could possibly have access to this information and might ask your fiancée about it as a way of trying to trip her up. Overall you should be fine.

Good luck and best wishes to you both!

Edited by Ryan H

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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fys Apprentice

fys   0

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Filed: Timeline
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Thank you for your answers , my mind is more at ease now :)

so, just to be clear , i can put a "NO" in the box , where it asks if i have had any criminal convictions ??

again , i only have 1 DUI , and it was 10 years ago, i have nothing else on my record regarding anything.

Thanks again, i'm happy i found out about this website -

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