Please Help! Interview coming up but found out filed I-129F wrongly(merged)

[AstroCanada 206]

19 minutes ago, Suki_R said:

Thanks all...I still dk wt to do next, probably will ask my fiance (Petitioner) send an email or inquiry to consulate.
And tell them once again and bring the court and police document to the interview. Just want to fix and be honest.

 

We found a background check from a job, and which the drug case was plea: NG/NC, is that fine? or my fiance have to pay the fine to waived the case?
  

 

 

It doesn't matter what the plea was, your fiancee was found guilty according to the record you posted.  Looks like an infraction (or maybe a misdemeanor) based on the small fine and the fact that it's 10 years old, so unlikely to interfere with your immigration as long as you're honest about it.  

[Cathi 5,740]

23 hours ago, Falcon Cara said:

Drinking and driving is legal in Philippines and a few states in the USA. Odd he told her that. But who cares as long as they approved your visa.

Drinking and driving is NOT legal in one single state. Not one.

[Falcon Cara 378]

3 hours ago, Cathi said:

Drinking and driving is NOT legal in one single state. Not one.

Incorrect, Mississippi and allows open containers and I am sure others do as well.

 

I know for darn sure you can operate a boat and drink and drive in Texas

Edited May 28, 2019 by Falcon Cara

[John & Rose 7,239]

USCIS has nothing to do with the criminal background check unless the disclosed crimes may be AWA related. 

 

The petitioner’s background check takes place during AP. It is just a quick check of the name a SSN in the Federal Crime Database. USCIS and NVC have nothing to do with that.

 

In our case, I was arrested on a job site for punching a drunk 19 year old who drove around barricades and also hit the flagman. I struck him and I was wrong. The charges were dropped before I made it to the police station since he was arrested for drunk driving and disobeying a traffic device. There was no court but I also went back and had my arrest expunged by order of the circuit court. There are no public records of the arrest.

 

Due to some bad advice and my own ignorance, I failed to disclose the arrest. We made it all the way through the interview. My now wife’s and step-kid’s passports were taken and they received the IMBRA pamphlets. 

 

Two days later, without warning they were all returned with the denial letter. The reason for the denial was “Petitioner failed to disclose information on the petition”. 

 

Some people think it is it is better to go to the interview and tell them about it there while other believe that can actually make things worse. 

 

At at the end of the day, the petitioner knowingly failed to disclose drug and alcohol related arrests. It is the simple fact. The CO will decide what to do. The good thing is that it will not impact a future K-1 or CR-1 petition if the CO decides to deny. 

 

Good luck to you. I do know of at least one person who was here who failed to disclose a felony arrest for arson and was approved. It all comes down to the CO. 

[geowrian 22,337]

6 hours ago, Falcon Cara said:

Incorrect, Mississippi and allows open containers and I am sure others do as well.

Open container laws (or lack thereof) are very different than allowing drinking & driving, or more specifically DUI & DWI laws.

[Crazy Cat 41,593]

6 hours ago, Falcon Cara said:

Incorrect, Mississippi and allows open containers and I am sure others do as well.

"Open container" is far different from operating a vehicle when over the allowed limit......in every state.

[Crazy Cat 41,593]

6 hours ago, Falcon Cara said:

Incorrect, Mississippi and allows open containers and I am sure others do as well.

 

I know for darn sure you can operate a boat and drink and drive in Texas

This says differently:  https://www.boat-ed.com/texas/handbook/page/36/Alcohol-and-Drugs/

Edited May 28, 2019 by missileman

[Falcon Cara 378]

3 minutes ago, missileman said:

This says differently:  https://www.boat-ed.com/texas/handbook/page/36/Alcohol-and-Drugs/

Incorrect

 

You as the operator can operate a boat in texas waters while drinking a beer.   If you go over .08 then you can get in trouble.

 

Just like just a few years ago you could operate a car/truck in Texas and have a beer, but they got rid of that a few years ago.

[Falcon Cara 378]

14 minutes ago, geowrian said:

Open container laws (or lack thereof) are very different than allowing drinking & driving, or more specifically DUI & DWI laws.

Per the other poster stated:  Drinking and driving is NOT legal in one single state. Not one.

 

Which is 100% blatant false

[geowrian 22,337]

8 minutes ago, Falcon Cara said:

Per the other poster stated:  Drinking and driving is NOT legal in one single state. Not one.

 

Which is 100% blatant false

I think you misunderstood what they meant. It was clearly not directed at the physical act of drinking while also driving.

Edited May 28, 2019 by geowrian

[Crazy Cat 41,593]

14 minutes ago, Falcon Cara said:

Incorrect

 

You as the operator can operate a boat in texas waters while drinking a beer.   If you go over .08 then you can get in trouble.

 

Just like just a few years ago you could operate a car/truck in Texas and have a beer, but they got rid of that a few years ago.

I like beer.  I drink a beer every day.  But, personally, I wouldn't get in the boat with anyone who was driving while drinking a beer......and every bit of alcohol affects the operator's awareness.

 

"But officer, I only had one beer"......

[Crazy Cat 41,593]

15 minutes ago, Falcon Cara said:

Per the other poster stated:  Drinking and driving is NOT legal in one single state. Not one.

 

Which is 100% blatant false

Most people I know equate the phrase "drinking and driving" to driving drunk......in that case, the statement was 100% correct.....besides, there is something called "driving under the influence".

Edited May 28, 2019 by missileman

[Falcon Cara 378]

8 minutes ago, missileman said:

Most people I know equate the phrase "drinking and driving" to driving drunk......in that case, the statement was 100% correct.....besides, there is something called "driving under the influence".

If you are form Texas and most people I know used to drink and drive legally.

 

I have never equated drinking and driving to driving drunk, There is a big difference.   Study the law in Texas for further information

[Falcon Cara 378]

19 minutes ago, missileman said:

I like beer.  I drink a beer every day.  But, personally, I wouldn't get in the boat with anyone who was driving while drinking a beer......and every bit of alcohol affects the operator's awareness.

 

"But officer, I only had one beer"......

I rarely drink, but it my legal choice to have a beer or two while on the lake.   It usually a game warden who checks you on the lake not a police officer.  I know the rules and I also know how to stay legal, not really that hard.

30 minutes ago, geowrian said:

I think you misunderstood what they meant. It was clearly not directed at the physical act of drinking while also driving.

If you read the OP comment then you will see that it is you who misunderstood?

 

Savy?

[Limey 551]

49 minutes ago, geowrian said:

I think you misunderstood what they meant. It was clearly not directed at the physical act of drinking while also driving.

Yes, the disagreement here is over wording.

 

Technically in the UK (and I imagine some other places) its not illegal to drink alcohol and drive at the same time. Many places don't have "open container" and similar laws (so there is no problem at all with passengers drinking).

Its "driving under the influence" (DUI) or "driving while intoxicated" (DWI) that is illegal - so I can sip a beer while driving so long as I'm not (too) intoxicated. I'm not suggesting for a moment this is a good idea - not least if you do get pulled over the police are likely to give you a very hard time.

Despite this, most people speaking these terms in normal usage would still say that the UK (and countries with similar laws) do not permit drinking and driving. We'd probably all understand what is meant by this. I imagine there are very few if any jurisdictions that permit people to drive when having consumed large amounts of alcohol.

 

Note that there are also driving offences that can be committed by eating or drinking at the wheel (non alcoholic drinks too) - due to lack of attention to the road etc.

Edited May 28, 2019 by Limey