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Carlos Carlos

I omitted a question I 129f

By Carlos Carlos in K-1 Fiance(e) Visa Process & Procedures

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Carlos Carlos Newbie

Carlos Carlos   0

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Ok. So when I filled out the application for I 129f, it asked if you have ever had a DUI. Maybe not this exact wording but close. Anyway, in 1978 and 1979 I had 2. This was 46 years ago. I didn't leave this off on purpose. This was something I forgot about. Actually I think I overlooked it. But the application was approved and sent to the NVC, then on to the Embassy. And now it's ready for my fiance to schedule medical and interview. When I realized this I contacted my attorney. I had a FBI background check ran. Nothing. I went to the courthouse to get a record of it. Nothing. I went to the police department and Sheriff department. Nothing. I told the courthouse clerk that I needed records of the case. They searched for two days. Nothing. So they gave me a certified letter stating there's no record of the alleged DUI. This is what it said. The attorney says now send these documents to my fiance along with a letter stating what happened. He said if they bring it up she will have the documents. The police and courthouse clerk said this was so long ago a DUI then was nothing more than a simple traffic offense. They also said I wasn't fingerprinted or the FBI would have a record. I'm terrified this is going to derail our visa. I was young and dumb. I have never been arrested since. What should I do. Thanks for any advice.

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User1993 Rookie

User1993   1

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1 hour ago, Carlos Carlos said:

Ok. So when I filled out the application for I 129f, it asked if you have ever had a DUI. Maybe not this exact wording but close. Anyway, in 1978 and 1979 I had 2. This was 46 years ago. I didn't leave this off on purpose. This was something I forgot about. Actually I think I overlooked it. But the application was approved and sent to the NVC, then on to the Embassy. And now it's ready for my fiance to schedule medical and interview. When I realized this I contacted my attorney. I had a FBI background check ran. Nothing. I went to the courthouse to get a record of it. Nothing. I went to the police department and Sheriff department. Nothing. I told the courthouse clerk that I needed records of the case. They searched for two days. Nothing. So they gave me a certified letter stating there's no record of the alleged DUI. This is what it said. The attorney says now send these documents to my fiance along with a letter stating what happened. He said if they bring it up she will have the documents. The police and courthouse clerk said this was so long ago a DUI then was nothing more than a simple traffic offense. They also said I wasn't fingerprinted or the FBI would have a record. I'm terrified this is going to derail our visa. I was young and dumb. I have never been arrested since. What should I do. Thanks for any advice.

If uscis approved you then it means they didn’t find any record of you, if they did, they would have sent you a RFE,

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SalishSea Grand Master

SalishSea   17,771

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4 hours ago, User1993 said:

If uscis approved you then it means they didn’t find any record of you, if they did, they would have sent you a RFE,

This is incorrect.   We have members of VJ who had visa denials for failing to report criminal history that did make it past USCIS.

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Crazy Cat Grand Master

Crazy Cat   41,682

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10 hours ago, User1993 said:

If uscis approved you then it means they didn’t find any record of you, if they did, they would have sent you a RFE,

I can name one case, here on VJ, where an old (expunged, I think) case was not reported by the petitioner.  The consulate denied the K-1 visa after the interview.

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TBoneTX Grand Master

TBoneTX   45,089

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Keep a photocopy and a scanned copy of the courthouse information for yourself, in case the original gets lost in transit to your fiancee.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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