Deferring a Visa, DUI problems

[tom tom tom 0]

Hi Everyone,

This is my first post (apart from saying "Hi") I hope its in the right place.

My fiancée and I have been together for almost 8 months, we got engaged over Christmas during my last visit to the States.

I try and visit as much as possible and I'm currently preparing for my 4th in a couple of weeks time.

my question is 2 fold,

PART 1

my fiancée has regrettably be arrested for a DUI, I'm just wondering if this is going to cause us any major problems in this process? she has been given house arrest among other things, but I was thinking about the long term ramifications. Does anyone have any experience with this situation?

PART 2

I know she really wants a summer wedding and with her charges its not going to be this year (I know there was no real chance we would have got the visa in time for that anyway) but when you are awarded your visa, is it possible to travel without using it? I don't want to get a visa this time next year and then not be able to travel to see hear without activating my visa. I have read that your visa lasts for 6 mouths from being awarded and then you have 60 days to get married once you travel. Is it automatically activated the next time you travel?

Many thanks

Peace x

[andreaj14 4]

From what I read, it seems like your fiance is the USC, right? IF so, is this her first or second offense? Are there any federal charges (did she kill anyone?)

If there are no federal charges and especially if this her first offense, I don't even think the subject will come up.

Good luck!

[Ryan H 3,812]

Answers:

Part 1: If a CO at the Embassy is aware of the charges, you be asked if you are aware of them and what the details are. However, since DUI does not fall unde the Adam Walsh Act, then the chances if the petition being adversely affected are low.

Part 2: If you hold a K1 visa upon arrival into the US, it will be activated, no way around it. The validity of a K1 visa is less than or equal to 6 months from the date it is issued and must be used prior to the expiration date. Additionally, the validity of the visa is tied to the validity of the medical exam which is why the medical exam is not conducted until close to interview time.

[tom tom tom 0]

From what I read, it seems like your fiance is the USC, right? IF so, is this her first or second offense? Are there any federal charges (did she kill anyone?)

If there are no federal charges and especially if this her first offense, I don't even think the subject will come up.

Good luck!

Andrea14,

She is indeed in the USC (I'm guessing that mean the United States Citizen), Second and final offence, nobody hurt and anything damaged.

Thank you

[PearlyLemons 13]

Unless the USC has been involved with sexual offences, violence against women (it be domestic abuse) or murder, I don't think it will affect your petition.

No, you cannot wait to activate your visa. Once it is in your passport, and you visit the States, you will be entering the country as a K1 immigrant. The K1 visa is then void, and you have 90 days in which to get married. You can visit on an ESTA whilst in the K1 process.

[shell20 746]

Andrea14,

She is indeed in the USC (I'm guessing that mean the United States Citizen), Second and final offence, nobody hurt and anything damaged.

Thank you

My fiance had a DUi, it has never been bought up, nor has it been a problem. I think they are more concerned about the beneficiary's background, rather than the petitioner's. And the K1 visa is valid for 90 days upon entering the USA.

[Zee Zee 23]

Andrea14,

She is indeed in the USC (I'm guessing that mean the United States Citizen), Second and final offence, nobody hurt and anything damaged.

Thank you

Hi uktom99,

let me begin with wishing you and your fiancee all the luck in the world. I hope your process will be easy and that you'll be together soon.

I just wanted to step back for a moment and ask you to consider a serious conversation with your fiancee and pursue her to seek help - it's not about tickets, house arrest and/or its impact on your immigration. It's about a pattern in her behavior and a serious problem that can potentially destroy your relationship and someone's life (even her own). My co-worker killed a young, 23-year-old man, while driving drunk. He was helping his fiancee get out from his car. My co-worker hit him while he was holding his fiancee's hand. My father was killed in a car accident due to drunken driving. Your fiancee needs help - I don't think her DUIs will have any impacts on your case, it's not you - it's her. But, if you want your relationship to last, please seek help for her before it's too late.

I hope you'll not get my response in the wrong way - I wish you guys all the best

Z

[tom tom tom 0]

Hi uktom99,

let me begin with wishing you and your fiancee all the luck in the world. I hope your process will be easy and that you'll be together soon.

I just wanted to step back for a moment and ask you to consider a serious conversation with your fiancee and pursue her to seek help - it's not about tickets, house arrest and/or its impact on your immigration. It's about a pattern in her behavior and a serious problem that can potentially destroy your relationship and someone's life (even her own). My co-worker killed a young, 23-year-old man, while driving drunk. He was helping his fiancee get out from his car. My co-worker hit him while he was holding his fiancee's hand. My father was killed in a car accident due to drunken driving. Your fiancee needs help - I don't think her DUIs will have any impacts on your case, it's not you - it's her. But, if you want your relationship to last, please seek help for her before it's too late.

I hope you'll not get my response in the wrong way - I wish you guys all the best

Z

Thank you for your concern, but this is in the past and things are different for her now. This happened some time ago and things are a lot different to how they were.

All the best,

Tom

[LORIEandPHIL 123]

My fiance had a DUi, it has never been bought up, nor has it been a problem. I think they are more concerned about the beneficiary's background, rather than the petitioner's. And the K1 visa is valid for 90 days upon entering the USA.

The K1 visa is not valid for 90 days upon entering. The K1 is only valid for one entry into USA, as soon as you enter the country it is used. You would then need to get married within 90 days, but can leave the adjustment of status until you are both ready.

[shell20 746]

The K1 visa is not valid for 90 days upon entering. The K1 is only valid for one entry into USA, as soon as you enter the country it is used. You would then need to get married within 90 days, but can leave the adjustment of status until you are both ready.

That is what i was trying to say but it seems not very eloquently. I was also trying to point out the fact that it isn't 60 days given to get married, but in fact 90 days..

[Jeff @ Missy 9]

If it matters I know of someone, almost like myself that had a DUI...

I , I mean the person like myself did not even put it on the petition as it asks for offenses other than traffic and a DUI is a traffic offense only as far as I know, or as you brits says an offence? Was not an issue at all so don't worry. Now as the poster who mentioned potential problems down the road is a good point, until you live together for a long period you have no idea what alcohol addiction will bring, trust me I know...people like that

[Thane 8]

As long as it is not the 3rd it is okay. The i-129F specifically asks if you have had any relating to alcohol or other controlled substances in 3 separate instances. As long as it is not a felony, it should not be an issue.