Ah yes, MyCheckered Past

[MLG 0]

About 12 years ago I (the petitioner) got a DUI at a road block (bit of a wake up call about my lifestyle at that time really). It didn't result in a conviction as it was a first offence and I went to some classes. Never had any run-ins with the law since.

1. Is my background checked at any time during this process (I'm assuming it is but I"ve been reading around and I can't quite see where, when I file the I-129F?)?

2. I know this isn't a deal breaker, but is this the kind of thing that will get our package flagged for further scrutiny (meaning delay)?

3. If the anwswer to questions 1 and 2 is yes (my god, I'm even starting to write like a USCIS guy), is there anything I can do to minimize the delay (submit records of my arrest for example)?

Edited November 17, 2006 by MLG

[Killer_Clown_2009 0]

Questions 1 &2 on which form?

I don't think that your criminal past makes any difference in the process. The concern is about the person immigrating and their criminal past.

[*julez* 124]

Questions 1 &2 on which form?

I don't think that your criminal past makes any difference in the process. The concern is about the person immigrating and their criminal past.

Not true!!! A background check is completed for both the petitioner and the beneficiary. If you have been convicted of any of the crimes described under the IMBRA topics, it is my understanding that you should submit, at the time of application, a written letter expalining the conviction and why a waiver should be granted. You will also need to submit copies of court documents that support your waiver request.

With that said, this is not as critical (or so it seems) if you have convictions combined with multiple approved K1 applications. So, if this is your first time petitioning for a foreign fiancee you should be OK.

Of course, it never hurts to have a cinsultation with an experienced immigration attorney (which I am not!).

Good luck!!

[Ban Hammer 13,342]

Questions 1 &2 on which form?

I don't think that your criminal past makes any difference in the process. The concern is about the person immigrating and their criminal past.

given the above, i'm unable to understand what imbra is for then

[zyggy 9]

This is going to cause you some IMBRA problems. You'll have to report the DUI as it involves a case of alcohol abuse. Make sure your fiancee knows about it...

[MLG 0]

Questions 1 &2 on which form?

I don't think that your criminal past makes any difference in the process. The concern is about the person immigrating and their criminal past.

These refer to MY Questions 1 and 2 in my post.

[MLG 0]

This is going to cause you some IMBRA problems. You'll have to report the DUI as it involves a case of alcohol abuse. Make sure your fiancee knows about it...

Are you sure about that? On the I-129F, part C asks about convictions. I have no convictions. There is a box to check if you have had "Three or more convictions for crimes relating to a controlled substance or alcohol not arising from a single act." I didn't check it because I haven't had 3 or more convictions. I haven't even had one. There are no question or additional lines about lesser crimes. And how does one go about reporting this?

My fiance knows and I have no problem telling the whole world if necessary but my questions still stand. Basically:

1. At what point in this process do they check me out?

2. Is this going to be a problem? In other words, if I give them information they haven't asked for, am I just drawing unessesary attention and giving somebody an excuse to hold up my package.

3. If it is a problem, any suggestions?

[payxibka 10,045]

It didn't result in a conviction as it was a first offence and I went to some classes.

What was the technical disposition of the case? What is really on your record? Did you plead to a lesser charge? Was it dismissed in total with certain conditions having to be met?

[CarolineM 0]

DUI is not a crime of moral turpitude. My husband had a DUI in the states August 2005. He included all the info on his forms - and brought all SORTS of supporting evidence that he had done all he needed to do to pay fines, do community service etc etc. They didn't even LOOK at it. Just wrote "Not CIMT" on the petition and moved on.

What country are you from?

Not sure if this is what you were asking but DUI is NOT a CIMT!

[Chris-n-Veronica 0]

Aren't they more worried about past spouse abuse charges then anything... Of course alcohol abuse is closely related..but you did fullfill the court demands and haven't be in trouble since... I feel they will see it for what it was...A mistake that we all have done...

About 12 years ago I (the petitioner) got a DUI at a road block (bit of a wake up call about my lifestyle at that time really). It didn't result in a conviction as it was a first offence and I went to some classes. Never had any run-ins with the law since.

1. Is my background checked at any time during this process (I'm assuming it is but I"ve been reading around and I can't quite see where, when I file the I-129F?)?

2. I know this isn't a deal breaker, but is this the kind of thing that will get our package flagged for further scrutiny (meaning delay)?

3. If the anwswer to questions 1 and 2 is yes (my god, I'm even starting to write like a USCIS guy), is there anything I can do to minimize the delay (submit records of my arrest for example)?

[CarolineM 0]

1. Is my background checked at any time during this process (I'm assuming it is but I"ve been reading around and I can't quite see where, when I file the I-129F?)?

http://www.visajourney.com/forums/index.ph...amp;page=k1flow

i think your background check is done around the same time as the medical?? We did it differently so I'm not sure. You background IS checked, however.

2. I know this isn't a deal breaker, but is this the kind of thing that will get our package flagged for further scrutiny (meaning delay)?

If it was handled as ours was, no. As I stated, DUI is NOT a crime involving moral turpitude. Like you, my husband was arrested and charged, had to pay a fine, attend counseling AND complete community service. We took ALL the supporting evidence and NOT ONE PIECE was looked at. We tried to show and the didn't care - and as I stated, just dismissed it as it's not a CIMT.

3. If the anwswer to questions 1 and 2 is yes (my god, I'm even starting to write like a USCIS guy), is there anything I can do to minimize the delay (submit records of my arrest for example)?

I think sending them un-asked for paperowork might slow it down - I mean, worse case, they send an RFE - but I guess you run the "slow down" risk either way.

Of course alcohol abuse is closely related..but you did fullfill the court demands and haven't be in trouble since... I feel they will see it for what it was...A mistake that we all have done...

From my experience (personally) and all the research I did BEFORE we filed, DUI is not considered alchohol abuse, nor a CIMT!

[payxibka 10,045]

Aren't they more worried about past spouse abuse charges then anything... Of course alcohol abuse is closely related..but you did fullfill the court demands and haven't be in trouble since... I feel they will see it for what it was...A mistake that we all have done...

I will get more details but a guy I know recently received an RFE regarding a DUI he had a couple of decades ago. He had to provide the complete results of the disposition of the case.

[CarolineM 0]

wouldn't it also depend on the country he's from? I know some are easier than others.

[zyggy 9]

According to IMBRA, while a DUI is not considered a crime of moral turpitude in terms of inadmissibility, it is considered an issue in terms of IMBRA.

And it sounds like you had a conviction to me... did you go in front of a judge and the treatment was the price to get the inicdent dropped from your record... was there a settlement of some sort .. those count as convictions.

But in your case they only ask for an alcohol related conviction if you have been convicted of it more than 3 times. Since this is not the case for you, you can answer accordingly...

[MLG 0]

According to IMBRA, while a DUI is not considered a crime of moral turpitude in terms of inadmissibility, it is considered an issue in terms of IMBRA.

And it sounds like you had a conviction to me... did you go in front of a judge and the treatment was the price to get the inicdent dropped from your record... was there a settlement of some sort .. those count as convictions.

But in your case they only ask for an alcohol related conviction if you have been convicted of it more than 3 times. Since this is not the case for you, you can answer accordingly...

Thanks everybody. I appreciate your help and experience. My fiancee has a pretty healthy attude about all this, "Your gave them what they asked for. If they need anything else, they'll let us know."

I'm just antsy to get out of China. I've been here a long time and am looking forword to going home so I'm probably oversensitive to anything that smells of delay. B)