Dui 5 years ago

[Peem Jov 66]

Hi everyone.. if someone had DUI 5 years ago.. does it affect the K1 visa? During background check.. would that be a problem? 

 

Thanks for ur help..  

[Going through 5,671]

Who has the DUI, the US citizen or the foreign fiance?

Did it happen in the USA or another country?

What was the final disposition in the case?

Is it their only offense?

 

More info please

Edited August 14, 2017 by Going through

[Peem Jov 66]

5 minutes ago, Going through said:

Who has the DUI, the US citizen or the foreign fiance?

Did it happen in the USA or another country?

What was the final disposition in the case?

Is it their only offense?

 

More info please

The US citizen.. 

it happened in the US

and yes thats the only offense

dui of alcohol.. 2011 and 2012 i think.. no criminal records.. just the DUI

[Going through 5,671]

No, the US citizen having the single DUI isn't going to automatically result in a K1 visa denial, unless there was grave bodily harm to another person as a result of the DUI, they discover he is a habitual drunkard, children were in the car at the time, etc.  What was the final disposition of the case, do you know?

 

 A USC is only barred from applying for a fiancee or a spouse based on the Adam Walsh acts that relates to child abuse.

 

By the way, a DUI is a criminal offense, and he does need to disclose it and get documentation on it.

Edited August 14, 2017 by Going through

[Peem Jov 66]

3 minutes ago, Going through said:

No, the US citizen having the single DUI isn't going to automatically result in a K1 visa denial, unless there was grave bodily harm to another person as a result of the DUI, children were in the car at the time, etc.  What was the final disposition of the case, do you know?

 

 A USC is only barred from applying for a fiancee or a spouse based on the Adam Walsh acts that relates to child abuse.

 

By the way, a DUI is a criminal offense.

Ok sorry I didn't know about dui that much.. but thank u now i know it. he was the only person on his car that time.. no harm to another person.. there was a check point that time.. I don't know what was the final disposition of the case but i'll ask him as soon as he wakes up.. 

 

but i have another question.. if someone had a dui that hasn't been settled is that person still had a permit to drive? Or not? 

[Going through 5,671]

11 minutes ago, Peem Jov said:

if someone had a dui that hasn't been settled is that person still had a permit to drive? Or not? 

Normally, there is usually a suspension period.  How long depends on his case and alcohol level content, if he was ordered to complete any sort of treatment program as a result, etc.  If he refused to give a breath test, in some States this will result in an automatic suspension.

 

Only he would be able to tell you what happened as a result of being charged.

Edited August 14, 2017 by Going through

[Going through 5,671]

Just make sure he obtains documentation about the DUI and he must disclose it on the application.

[Peem Jov 66]

1 hour ago, Going through said:

Just make sure he obtains documentation about the DUI and he must disclose it on the application.

They said if the dui was more than 3 that's the time u need to put the court copies together with the I-129f.. but if it less than 3.. it will be fine.. no need to put the court copies..

[Going through 5,671]

14 minutes ago, Peem Jov said:

They said if the dui was more than 3 that's the time u need to put the court copies together with the I-129f.. but if it less than 3.. it will be fine.. no need to put the court copies..

Item Number 4.a. Criminal Information.

 

Indicate whether you have ever been arrested, cited, charged, indicted, convicted, fined, or imprisoned for breaking or violating any law or ordinance in any country, for any offenses other than those you have already outlined in the previous section. Unless a traffic incident was alcohol- or drug-related or involved a fine of $500 or more, you do not need to provide information on it.

 

Item Number 4.b. Criminal History Documents.

 

If you indicated “Yes” in Item Number 4.a., provide information that explains the circumstances, places, dates, and outcomes for each incident of arrest, citation, charge, indictment, conviction, fine, or imprisonment. You must submit court certified copies of the arrest record and/or disposition for each incident unless you submit a certified statement from the court indicating that no record exists of your arrest, citation, charge, indictment, conviction, fine, or imprisonment.

 

 

If you are basing what you just said over information given to you by the USCIS call-center, they are not immigration officers and are notorious for giving out misinformation.

 

 

Edited August 14, 2017 by Going through