HELP!!! 2 DUI + 1 Domestic Violence applying for CR-1

[AJM 0]

Hi there!

My husband (US citizen) and I (a Thai citizen) got married in August last year after 3 1/2 years of relationship. We recently submitted our I-130 in January 10. We have already received our case number and NOA1.

My husband has 2 DUI convictions, the last one was about 6-7 years ago. He has got his license back and been sober for years. He also has history of domestic violence (misdemeanor) 9 years ago. It was a mutual fight which resulted in a fine...no jail time...no anger management classes required. He was also arrested for smoking pot when he was a teen. I'm fully aware of his wild story from the beginning of our relationship.

The problem is that we filed our application without including his certified court and police records for his convictions. We did not know we had to provide the information to the USCIS. Nothing is said in the I-130 instructions that you need to submit your criminal record documents with the form. After reading cases with problems related to petitioner with criminal record, I'm now so worried that we will get denied because of this.

We have absolutely no idea what to do now. Should we consult an immigrant attorney right away or wait for the RFE? Any help or advice would be really appreciated.

[sachinky 465]

They will do their own background/security checks on the petitioner.

[thongd4me 69]

Hi there!

My husband (US citizen) and I (a Thai citizen) got married in August last year after 3 1/2 years of relationship. We recently submitted our I-130 in January 10. We have already received our case number and NOA1.

My husband has 2 DUI convictions, the last one was about 6-7 years ago. He has got his license back and been sober for years. He also has history of domestic violence (misdemeanor) 9 years ago. It was a mutual fight which resulted in a fine...no jail time...no anger management classes required. He was also arrested for smoking pot when he was a teen. I'm fully aware of his wild story from the beginning of our relationship.

The problem is that we filed our application without including his certified court and police records for his convictions. We did not know we had to provide the information to the USCIS. Nothing is said in the I-130 instructions that you need to submit your criminal record documents with the form. After reading cases with problems related to petitioner with criminal record, I'm now so worried that we will get denied because of this.

We have absolutely no idea what to do now. Should we consult an immigrant attorney right away or wait for the RFE? Any help or advice would be really appreciated.

Please so other members can appreciate the progress related context of your question.

Also (in your profile) indicate immigration status, place benefits filed & where your local office is.

Thanks for the information you provided in the post.

There may be other members who have had similar problems.

You might do a search on the terms "criminal record" to view such posts.

Edited February 25, 2010 by thongd4me

[Deputy Purple 1,294]

I believe that the Court Records are only required for:

K1, so they can confirm that the beneficiary is aware of the petitioner's past criminal record

OR

Cases where the Adam Walsh Act comes into play.

[daboyz 36]

Hi there!

My husband (US citizen) and I (a Thai citizen) got married in August last year after 3 1/2 years of relationship. We recently submitted our I-130 in January 10. We have already received our case number and NOA1.

My husband has 2 DUI convictions, the last one was about 6-7 years ago. He has got his license back and been sober for years. He also has history of domestic violence (misdemeanor) 9 years ago. It was a mutual fight which resulted in a fine...no jail time...no anger management classes required. He was also arrested for smoking pot when he was a teen. I'm fully aware of his wild story from the beginning of our relationship.

The problem is that we filed our application without including his certified court and police records for his convictions. We did not know we had to provide the information to the USCIS. Nothing is said in the I-130 instructions that you need to submit your criminal record documents with the form. After reading cases with problems related to petitioner with criminal record, I'm now so worried that we will get denied because of this.

We have absolutely no idea what to do now. Should we consult an immigrant attorney right away or wait for the RFE? Any help or advice would be really appreciated.

They don't ask for that info on I-130, only the I-129F. Not sure if they'll find out about it in background checks or not. I would just wait and see what they come back with. I had the same sort of situation. 2 DWIs and a drug convicetion from 20 years ago. They never said anything. Personally I think you'll be fine as long as you dont petition for a K visa.

I believe that the Court Records are only required for:

K1, so they can confirm that the beneficiary is aware of the petitioner's past criminal record

OR

Cases where the Adam Walsh Act comes into play.

K-3 also.