U.S.A Spouse Visa (merged)

[Puneet R 0]

Hi. My Name is Puneet and I Am Here to Talk about My Friend...His Name is Ketan.He Got Married to A U.S.A Citizen Girl...And His Wife has Already applied for His Spouse Greencard Visa. Ketan Lived in Australia for 8 Years. He went to Australia on Student Visa and He lived in Australia for 8 Years but now He is in INDIA. He hes Two Drink and Drive Cases on his Name in Australia For which The Unpaid Fine is nearly 4000$. His Wife didn't mention about Australia visit in His Spouse Greencard Visa Process Because she thought they will ask for Police Clearance but She didnt know that in Drink and Drive Cases The Police don'tmention about Drink and Drive becauseit is a Civil Offence.Do USCIS Check Spouse Background Visa Check...

[Puneet R 0]

Hi. My Name is Puneet and I Am Here to Talk about My Friend...His Name is Ketan.He Got Married to A U.S.A Citizen Girl...And His Wife has Already applied for His Spouse Greencard Visa. Ketan Lived in Australia for 8 Years. He went to Australia on Student Visa and He lived in Australia for 8 Years but now He is in INDIA. He hes Two Drink and Drive Cases on his Name in Australia For which The Unpaid Fine is nearly 4000$. His Wife didn't mention about Australia visit in His Spouse Greencard Visa Process Because she thought they will ask for Police Clearance but She didnt know that in Drink and Drive Cases The Police don'tmention about Drink and Drive becauseit is a Civil Offence.Do USCIS Check Spouse Background Visa Check...

[Just Paul 4,595]

Just now, Puneet R said:

Hi. My Name is Puneet and I Am Here to Talk about My Friend...His Name is Ketan.He Got Married to A U.S.A Citizen Girl...And His Wife has Already applied for His Spouse Greencard Visa. Ketan Lived in Australia for 8 Years. He went to Australia on Student Visa and He lived in Australia for 8 Years but now He is in INDIA. He hes Two Drink and Drive Cases on his Name in Australia For which The Unpaid Fine is nearly 4000$. His Wife didn't mention about Australia visit in His Spouse Greencard Visa Process Because she thought they will ask for Police Clearance but She didnt know that in Drink and Drive Cases The Police don'tmention about Drink and Drive becauseit is a Civil Offence.Do USCIS Check Spouse Background Visa Check...

Ketan is going to need to get a police clearance certificate from Australia. The consulate can and does still look at civil records.  If Ketan wants to come to the US he better clean up anything he is responsible anywhere in the world.

[Just Paul 4,595]

Ketan is going to need to get a police clearance certificate from Australia. The consulate can and does still look at civil records.  If Ketan wants to come to the US he better clean up anything he is responsible anywhere in the world.

[Puneet R 0]

Thanks 🙏🙏🙏🙏🙏🙏🙏Sir...But Do they Check Backgrond Visa History in Every Case and Secondly if He will clear the Unpaid Fine to Australia Then Will it be allright for Him in the Case Process...

[Just Paul 4,595]

10 minutes ago, Puneet R said:

Thanks 🙏🙏🙏🙏🙏🙏🙏Sir...But Do they Check Backgrond Visa History in Every Case

Yes, the beneficiary is run through multiple international databases and vetted everywhere he lived.   My wife was vetted in Philippines and Mexico.

 

12 minutes ago, Puneet R said:

Secondly if He will clear the Unpaid Fine to Australia Then Will it be allright for Him in the Case Process...

That is up to the consulate.  Driving Under Influence may not be very serious in Australia or elsewhere but it is very serious in the US.  If he wants to be in the US he will be held to US Standards.  If he were to do that in the US it could affect getting Permanent Residence or even Citizenship.  If serious enough he would be deported.

[Sparkle Sparkle 914]

Read up on 5 eyes :https://en.m.wikipedia.org/wiki/Five_Eyes

As mentioned above he will need a police report from Australia. If she didn't mention it on the spouse petition, then he will get a second chance at the embassy... (he needs to show up with the Australian police report and simply explain why it was left out in the first place). If by chance he gets away with it without correcting it it now, then it will hunt him forever and when it catches up with him years later even if he is a citizen he will be denaturalized and sent back to 🇮🇳 

Edited September 16, 2020 by Sparkle Sparkle

[Boiler 45,735]

As it can result in Prison time I would say it is a serious offence in Australia. Presumably there is a warrant out for his arrest?

[geowrian 22,337]

Also, depending on how recent those were, it could come up during the medical.

[NancyNguyen 1,657]

4 hours ago, Puneet R said:

Hi. My Name is Puneet and I Am Here to Talk about My Friend...His Name is Ketan.He Got Married to A U.S.A Citizen Girl...And His Wife has Already applied for His Spouse Greencard Visa. Ketan Lived in Australia for 8 Years. He went to Australia on Student Visa and He lived in Australia for 8 Years but now He is in INDIA. He hes Two Drink and Drive Cases on his Name in Australia For which The Unpaid Fine is nearly 4000$. His Wife didn't mention about Australia visit in His Spouse Greencard Visa Process Because she thought they will ask for Police Clearance but She didnt know that in Drink and Drive Cases The Police don'tmention about Drink and Drive becauseit is a Civil Offence.Do USCIS Check Spouse Background Visa Check...

Ketan needs to be responsible for his actions, pay the fine and don’t lie about anything on the DS-260. 

[SusieQQQ 11,587]

4 hours ago, Puneet R said:

Hi. My Name is Puneet and I Am Here to Talk about My Friend...His Name is Ketan.He Got Married to A U.S.A Citizen Girl...And His Wife has Already applied for His Spouse Greencard Visa. Ketan Lived in Australia for 8 Years. He went to Australia on Student Visa and He lived in Australia for 8 Years but now He is in INDIA. He hes Two Drink and Drive Cases on his Name in Australia For which The Unpaid Fine is nearly 4000$. His Wife didn't mention about Australia visit in His Spouse Greencard Visa Process Because she thought they will ask for Police Clearance but She didnt know that in Drink and Drive Cases The Police don'tmention about Drink and Drive becauseit is a Civil Offence.Do USCIS Check Spouse Background Visa Check...

1. 8 years is not a “visit”

2. Omitting something knowingly from an immigration application is considered perjury/fraud

3. Omitting something because you are worried about the police certificate is even worse because of the intent

4. When Ketan fills in his DS260 he better ensure it is properly filled in with all past addresses and all questions answered truthfully unless he wants to face the prospect of a permanent ban for misrepresentation from the US

 

[millefleur 5,047]

**Duplicate threads merged; please do not post the same topic more than once**

 

VJ Moderation

[Duke & Marie 1,389]

When you get to NVC stage he will need to fill out the relevant document and disclose the DUI’s that happened in Aus... the question is very specific and will be covered under 2-3 points... if he doesn't disclose the DUI’s he will be committing fraud. 
 

with ref to the national police certificate in Aus... it will show all offences for each state that have occurred in the last 10 years.. while DUI’s are covered under RTO legislation and generally not classified as criminal they still can be if he blew high range, if occurred in certain states or if they remain outstanding and are escalated.. Regardless, the questions at NVC stage still covers civil Legislation and the breaching of any law (not just criminal) still needs disclosing by him.

 

you’ll need to contact SPER to get records of payments and the court house for records of the hearing for the consulate during his interview, so I suggest he gets the fines paid off ASAP.
 

Also note if the two offences occurred within 5 years of each other he may be inadmissible.. while waivers can be obtained for this, they most definitely will not be granted if they remain outstanding. 
 

note, I have two dui from 20 years ago in Aus, and still had to disclose them..it’s not a big deal provided you tell the truth and pay the fines etc..

Edited September 16, 2020 by Duke & Marie

[Duke & Marie 1,389]

6 hours ago, Boiler said:

As it can result in Prison time I would say it is a serious offence in Australia. Presumably there is a warrant out for his arrest?

Not really considered a huge issue.. is traffic offence (breach of local laws) not criminal unless under certain circumstances.. There will likely be warrants out if it went to court and he failed to pay fines etc which seems to be the case here, so he does need to deal with them as current warrants will show on his national police certificate.