Petitioner has a Criminal Record

[JANETandLYLE 11]

Ok, I'm a US Citizen and my Fiancee is from the Philippines.To make a long story short,I got my first DUI in 1982. My last in 2006. The one before my 2006 Dui was in 1994. I had a tough few years in my 20's and 30's. I'm now 46 and until this DUI in 2006 things were great in my life. Anyway I went through all the hoops with amazing results been sober since nov 2006. I have a total of six lifetime DUI's. The last one became a state felony in Montana which at some point can be explunged. Anyway, all my life issues have been to do with drinking at bars and then driving home. Nothing else, but the six DUI"S. My Fiancee has no police record. I have obtained all police and criminal reports in regards to my six DUI"S. I am currently on probation (suspended time) for three years. Looks like Probation Officer will put into the court to have my sentence fulfilled after half the time. My Probation Officer is the one who allowed me to go to the Philippines to meet my NOW Fiancee. My question is: Is my past going to create an issue with our approval? Is me being on "probation" going to cause an issue? I hear normally unless it is a serious type felony that usually the applications are approved. Can anyone give input. I have nothing to hide. I had to learn some tough lessons in my life. Thanks for any input.

[Ursa Tripudio 2]

I don't recall any of the forms I filled out asking about DUI type offences. They seemed much more interested in spousal abuse, violent crimes, & moral turpitude type crimes.

That being said, what they were REALLY interested in was my wife's (then fiancee) criminal background.

I'm guessing that your DUI's won't be an issue.

Best wishes & good luck!

[JANETandLYLE 11]

I don't recall any of the forms I filled out asking about DUI type offences. They seemed much more interested in spousal abuse, violent crimes, & moral turpitude type crimes.

That being said, what they were REALLY interested in was my wife's (then fiancee) criminal background.

I'm guessing that your DUI's won't be an issue.

Best wishes & good luck!

thanks for the reply. I wanted to ask this question because maybe someone has dealt with my specific issue. The way it is worded is "Three or more convictions for crimes relating to a controlled substance or alcohol not arising from a single act"> I will be honest on my experiences in my life by submitting all the police records in regards to my convictions. I'm just concerned about being denied.

[Ursa Tripudio 2]

Yes. By all means be honest.

Getting caught being deceptive on any of these forms will end any chance of getting the K1 visa.

[DEDixon 39]

Someone else asked this question not so long ago. From what I remember, you will have to disclose your DUI (certified court docs). They can't deny a visa for the felony DUIs. So all is good up to now. The only thing I think you should worry about is the embassy holding up the process for no reason other than to test your commitment. I think they do this to people with shaky pasts and when there is a significant age gap. Waiting 6 to 7 months for a fiancee visa is a long time and to be honest, when you get to month 5, it is something you just want done. USE personnel know that if your love is genuine, you'll wait a year, two years, whatever it takes. If I were you, I'd be very diligent to collect every little bit of evidence that proves a loving and sincere relationship. I'd also visit her more than 1 time. It is a real commitment to put up the money and times to travel to the RP, and, in my opinion, visiting is the best evidence.

Don't wait until near the end of the process to collect evidence. Build a process by which you collect evidence on a regular basis (paper based evidence since she'll take it to the interview with her). Also, besides visiting as much as possible, if I were you, I'd also be at the interview even though the consular officer may not allow you to attend the actual interview.

I have found that the K1 process is like clock work all the way to the interview. The interview is where they can throw a wrench in the middle of things.

[DEDixon 39]

**********ooops update***********

I wrote the above and then read what you said about 3 convictions: ******The way it is worded is "Three or more convictions for crimes relating to a controlled substance or alcohol not arising from a single act"*******

Now I'm not sure how they will look at your past. Convictions aren't always felonies. Kind of confusing now.

[Big Papa Zone 93]

OK, so I'm no kind of authority on this, but surely the only records USCIS are interested in, criminal or otherwise, are those of the beneficiary? I mean it's not like the OP is applying to move abroad or anything, is it?

[Movin on New Life 3]

I agree it is the background of the intending immigrant. I do not recall any request for my (US citizen) criminal record. Perhaps someone here can confirm for sure. (If yes, I recommend you begin gathering evidence or your rehabilitation, proof of classes attend, physican report, reference letters (particularly from someone in high community standing, just to mention a few) good luck and congrats on your continued soberity! That is a neverending long winding road, one which can easily vear off. Hopefully you have a good sponsor and support to stay on track) Best to you with continued success and with your venture thru US immigration

[JANETandLYLE 11]

I agree it is the background of the intending immigrant. I do not recall any request for my (US citizen) criminal record. Perhaps someone here can confirm for sure. (If yes, I recommend you begin gathering evidence or your rehabilitation, proof of classes attend, physican report, reference letters (particularly from someone in high community standing, just to mention a few) good luck and congrats on your continued soberity! That is a neverending long winding road, one which can easily vear off. Hopefully you have a good sponsor and support to stay on track) Best to you with continued success and with your venture thru US immigration

thanks all for the advice. Yeah, I have all my paperwork. I'm on top of all of that. I have a probation officer who thinks I'm the best he has on his caseload (although I know better). My intent to change my life is a genuine one. I've never had employment issues or credit issues. I have one bachelor's degree and I have four classes to finsih for my second bachelor's degree. I make plenty of money to qualify, and I have more than enough assests to back that up should it arise. Only issues have been going to the bar and driving home after. I did it a lot in the past due to being tired of sitting at home all the time alone. Anyway, yes I have a sponsor, attend my groups, etc. As far as statments from my Probation officer, Sponsor, etc I have no problems getting those if requested. My Probation Officer is the one who approved my travel to the Philippines. He know what kind of man I am. I admit my weaknesses and work on changing. I know who I am too. The Consulate office or NVC won't find any weaknesses in our relationship. My Fiancee is intelligent and she has been told the whole life story on me in all truthfulness. She can explain it all to the interviewer if necessarily. I know they will advise her of my past, but it will be no surprise. She knew all about it long before we meant in person. She knows what kind of person I am. We are both ready to wait it out if necessary. We talked for four years before meeting. We're serious! If I have an issue with USCIS or the Consulate, then I will hire an Attorney at that point. I'm in this for good. I'm as good as married in my mind, already!

Edited October 25, 2008 by moparmusclecars