129-F DUI

[RT&MJ 10]

Hi,

 

I was looking over my application and noticed i misread the check box in 4.a of the I-129F by selecting "no"

 

I had one DUI 11 years ago, but forgot to check that box and attach my information.  I have received a NOA1 in mid September.

 

Is there anything i can do to fix this now that it has been sent? Can i send documents to the USCIS to prevent a Denial or Refusal????

 

[debbiedoo 2,339]

12 hours ago, RT&MJ said:

Hi,

 

I was looking over my application and noticed i misread the check box in 4.a of the I-129F by selecting "no"

 

I had one DUI 11 years ago, but forgot to check that box and attach my information.  I have received a NOA1 in mid September.

 

Is there anything i can do to fix this now that it has been sent? Can i send documents to the USCIS to prevent a Denial or Refusal????

 

youll probably get an RFE for it.

 

gather the documents to have ready to send if you do.

 

sending in documentation after your petition is accepted is allowed, but the odds of what you send, finding its way to your petition, are slim. it happens, but its no guarantee.

 

 

[AlexisCC 123]

On 11/5/2018 at 8:12 PM, RT&MJ said:

Hi,

 

I was looking over my application and noticed i misread the check box in 4.a of the I-129F by selecting "no"

 

I had one DUI 11 years ago, but forgot to check that box and attach my information.  I have received a NOA1 in mid September.

 

Is there anything i can do to fix this now that it has been sent? Can i send documents to the USCIS to prevent a Denial or Refusal????

 

if it was only one you should be fine. On the form it asks for 3 or more. I know someone who had 2 recent ones and they put no on the form and everything went perfectly fine. Good Luck to you!

[EllisAndRenz 196]

I disclosed my one past DUI on mine.  I still got an RFE.  I didn't read carefully enough, they wanted a certified copy of the charges and disposition from the court.  So, this week, I caught a flight to the city of the incident, got the document, got all supporting documents (DUI school, MADD seminar, clinical evaluation report) and sent it all back.  

 

Praying that's the last step.  

 

Get all this stuff ready.  You will probably need it.  

[John & Rose 7,239]

On 11/6/2018 at 7:16 AM, debbiedoo said:

youll probably get an RFE for it.

 

gather the documents to have ready to send if you do.

 

sending in documentation after your petition is accepted is allowed, but the odds of what you send, finding its way to your petition, are slim. it happens, but its no guarantee.

 

 

I don't know if they will send an RFE for that.  I had a very similar situation.  We received NOA2, had a successful interview and were denied during AP after the interview.  In my case it was a 30 year old misdemeanor arrest that was dropped and later expunged.

 

I would contact USCIS and explain and hopefully they will allow you to amend the petition.  

[John & Rose 7,239]

45 minutes ago, AlexisCC said:

if it was only one you should be fine. On the form it asks for 3 or more. I know someone who had 2 recent ones and they put no on the form and everything went perfectly fine. Good Luck to you!

Nope.  It ask for ANY arrest, citation, fine....  This is question 4 not questions 2 or 3.  We were fine until AP after the interview.  

Edited November 8, 2018 by John & Rose

[EllisAndRenz 196]

3 minutes ago, John & Rose said:

I don't know if they will send an RFE for that.  I had a very similar situation.  We received NOA2, had a successful interview and were denied during AP after the interview.  In my case it was a 30 year old misdemeanor arrest that was dropped and later expunged.

 

I would contact USCIS and explain and hopefully they will allow you to amend the petition.  

I got an RFE for it.

 

What does AP mean in the above context?  Were you able to sort it out eventually?

 

[John & Rose 7,239]

6 minutes ago, EllisAndRenz said:

I got an RFE for it.

 

What does AP mean in the above context?  Were you able to sort it out eventually?

 

Yes, you answered "yes" and got an RFE.  They saw your arrest and wanted more information.

The OP answered "no".  That leaves no reason to send the RFE.  That is what happened to me.  

 

AP is Administrative Processing.  That takes place after the interview.  Everyone gets it.  It is a last look through everything and preparing for the issuance of the visa.  They congratulated us at the interview and took the passports.  They were returned with a 221(g) stating that we were denied because "the petitioner failed to disclose information in the petition".

 

We ended up getting married in Manila and are in the process of waiting on the CR-1.

 

I don't believe the DUI will impact the approval but the incorrect answer can.  We were not denied because I was arrested.  We were denied because I did not disclose the arrest.

Edited November 8, 2018 by John & Rose

[debbiedoo 2,339]

16 minutes ago, John & Rose said:

I don't believe the DUI will impact the approval but the incorrect answer can.  We were not denied because I was arrested.  We were denied because I did not disclose the arrest.

Did you check no to the box that asks about any arrests or was it submitted before that change?

[John & Rose 7,239]

4 minutes ago, debbiedoo said:

Did you check no to the box that asks about any arrests or was it submitted before that change?

I did click no.  That was the issue.  In my case, there are no public records of the arrest at all.  They were destroyed by court order and I have the affidavit from the arresting department and the circuit court that no records exist.  I was told to answer no.  I questioned that but I said they are the pros.  I paid them to help me.  The federal government does not expunge.  The arrest (misdemeanor battery) is still on their books.  It never went to trial and it was expunged but not from the Feds!

 

We were denied because I answered no.  That denial did not come until after the interview.  

[EllisAndRenz 196]

1 minute ago, John & Rose said:

I did click no.  That was the issue.  In my case, there are no public records of the arrest at all.  They were destroyed by court order and I have the affidavit from the arresting department and the circuit court that no records exist.  I was told to answer no.  I questioned that but I said they are the pros.  I paid them to help me.  The federal government does not expunge.  The arrest (misdemeanor battery) is still on their books.  It never went to trial and it was expunged but not from the Feds!

 

We were denied because I answered no.  That denial did not come until after the interview.  

At the end of the day, I'm very happy it all worked out.  Hope this processing goes smoother for you.  

(and I'm hoping the Feds accept my RFE about my past indiscretion of a DUI ...  the absolute stupidest thing I've ever done in my life, and something that will haunt me until I'm in a box 6 feet under)   

[John & Rose 7,239]

1 minute ago, EllisAndRenz said:

At the end of the day, I'm very happy it all worked out.  Hope this processing goes smoother for you.  

(and I'm hoping the Feds accept my RFE about my past indiscretion of a DUI ...  the absolute stupidest thing I've ever done in my life, and something that will haunt me until I'm in a box 6 feet under)   

You are fine.  They are looking for honesty and full disclosure.  You get an "A".  I get an "F".  LOL

[EllisAndRenz 196]

Just now, John & Rose said:

You are fine.  They are looking for honesty and full disclosure.  You get an "A".  I get an "F".  LOL

Yes, but every time this comes up, it bothers me ... because it reminds me of the one REALLY stupid decision I made.  

Anyway:  can't change the past.  Just have to live with it.  

[John & Rose 7,239]

Just now, EllisAndRenz said:

Yes, but every time this comes up, it bothers me ... because it reminds me of the one REALLY stupid decision I made.  

Anyway:  can't change the past.  Just have to live with it.  

You can't change it but you can learn from it.  Always look forward never backwards.  It was just a learning experience and you survived.  Consider yourself lucky.  Many don't.    

[EllisAndRenz 196]

8 minutes ago, John & Rose said:

You can't change it but you can learn from it.  Always look forward never backwards.  It was just a learning experience and you survived.  Consider yourself lucky.  Many don't.    

That is the one thing I'm eternally thankful for.  Nobody got hurt.  (Other than my finances)  

Folks that want to drink and drive:  think!  All of your dreams, aspirations, everything ... can go away so fast.  In this day of Uber/Lyft, it's simply NOT worth it.  

If you have people that depend on you, think of them.  you can't help them from prison.  

yeah, I learned.  

I hope others learn before putting themselves at risk.