Crimes affecting eligibility?

[Ty/Ir 32]

I, the US petitioner, had to pay a citation 9 years ago for public intoxication. Because I was 17 (still technically an adult in my state) at the time any amount of alcohol qualified me for this crime. I don't remember details such as how much money I had to pay, or if I paid anything at all, but I am in a panic that this could ruin my chances to successfully petition for my fiance. I have taken multiple background checks in the past and this never came up because, I suppose, the records of this are in a municipal court in a tiny city that I never lived. My state also doesn't check this far back for jobs but maybe the USCIS is much more rigorous? This would have been a class C misdemeanor, the same level of offense as traffic tickets that don't involve alcohol. I also vaguely remember having to pay a fine for saying an inappropriate word in school high school around 9 years ago, but there are no records of this so perhaps my fine was paid to the school and not the court, I'm not sure. Should I claim this on the application and if I do is there a possibility of been refused over this? Thank you.

[Khallaf 650]

5 minutes ago, Chiari said:

I, the US petitioner, had to pay a citation 9 years ago for public intoxication. Because I was 17 (still technically an adult in my state) at the time any amount of alcohol qualified me for this crime. I don't remember details such as how much money I had to pay, or if I paid anything at all, but I am in a panic that this could ruin my chances to successfully petition for my fiance. I have taken multiple background checks in the past and this never came up because, I suppose, the records of this are in a municipal court in a tiny city that I never lived. My state also doesn't check this far back for jobs but maybe the USCIS is much more rigorous? This would have been a class C misdemeanor, the same level of offense as traffic tickets that don't involve alcohol. I also vaguely remember having to pay a fine for saying an inappropriate word in school high school around 9 years ago, but there are no records of this so perhaps my fine was paid to the school and not the court, I'm not sure. Should I claim this on the application and if I do is there a possibility of been refused over this? Thank you.

USCIS does do deep deep background checks, I know someone who was in jail for DUI they didn't have to include it in the CR1 petition and it was never brought up, but I believe it asks for all information in a K1, you will need to provide any and all papers you can get in regards to what you were charged and the complete filing and release papers.

 

did you file CR1 or K1?

Edited January 14, 2019 by Khallaf

[Ty/Ir 32]

It's a k1 visa. Also, if relevant, I did not go to jail or get arrested for this. I was just given a ticket and then sent on my way.

[C90 376]

Did you get a record? You don't have to include traffic tickets etc in your K1, so if this is just a ticket and you weren't arrested, didn't get a record, didn't get a DUI or anything I don't think it's a problem. Can you call the station that gave you the ticket back then to check if it gave you a record?

[Limey 551]

You're the petitioner, ie the US citizen?

 

You're here already, its not an issue. USCIS are largely interested in the offenses the non-US citizen has committed. There are only a limited number of offenses that might affect your ability to petition for someone (related to domestic abuse etc).

Edited January 14, 2019 by Limey

[Ty/Ir 32]

1 hour ago, C90 said:

Did you get a record? You don't have to include traffic tickets etc in your K1, so if this is just a ticket and you weren't arrested, didn't get a record, didn't get a DUI or anything I don't think it's a problem. Can you call the station that gave you the ticket back then to check if it gave you a record?

Well there is a record of the ticket, if that's what you mean. The record only lists the public intoxication charge and the date it happened. It doesn't say anything about a plea or if I'm guilty or not (I don't even remember if it worked that way). It says "dockette closed" so I can't look further into it. I do know that it is in the same bracket of offence as a traffic ticket, which is a C-Misdemeanor. 

 

1 hour ago, Limey said:

You're the petitioner, ie the US citizen?

 

You're here already, its not an issue. USCIS are largely interested in the offenses the non-US citizen has committed. There are only a limited number of offenses that might affect your ability to petition for someone (related to domestic abuse etc).

Thanks, I was hoping this was the case, it just bothers me they ask about it. These tickets did happen but they are so long ago and such low level offences that my state government doesn't pick up on them. I guess the federal government check can find them immediately though.

[carmel34 3,633]

Disclose everything, be completely honest on the I-129F about your past misconduct or it could cause problems later for you as misrepresentation.  Refer to the following section from the instructions for form I-129F: 

 

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.

 

There have been examples here on VJ of people who interpreted these instructions as not requiring disclosure of a minor crime like the one you are asking about, then later in the background check it was discovered and caused a denial of the K-1 as they view it as dishonesty/misrepresentation.  Better to disclose than to have that happen.  You were fined for violating a law or ordinance, and it was not a traffic incident, so according to the instructions you need to disclose it.