DUI PROBLEMS

[CerseiLan 2]

Hi All, I need help and advises

We had just found out this morning that my fiancee (the petitioner /USC) had a warrant for his DUI last 2013. We were about to sign a lease to our new home when the landlord brought it up when they did a bg check. The thing is, he thought he had it all cleared when he spent one day in the county for drinking & driving without a license and he went to court and got his tickets. He didn't paid the fine.

This is his ONLY DUI. We have also, not stated this on the 129f as it only asks for "3 or more charges". He' paid the charges yesterday and made sure that the warrant was erased, people at the county also assured him that it's erased and gone. He has receipts to prove his name is cleared and he had all his court papers with him. Should I bring this up on the interview, would they ask me this question in case?

My concern is, we're already on the last stage of our k1 process which is the interview (this coming november). We passed USCIS and NVC,(which prob means that they already did a bg check for the petitioner or so i think) Would this cause us a denial of a visa or a delay. We're really behind the clock atm, and we'd really want to spend new years eve together.

I need your help guys.. anyone? any advise?

[Carla V 43]

For what I understand is background checks for the beneficiary what they look for... anyone with more experience can tell you when or if to mention it and if it cause a delay. And I'm sorry for be nosey but I'm strongly disagree when you said it's his ONLY DUI because in that only one he could kill someone or injure someone that might be less important for you than a delay in your process but the world for their love ones... Just saying

[Adil & Jeanne 296]

As beneficary immigration is concerned with your criminal investigation report.

Your country and the embassy may have requirements as to his report and what they find acceptable but that is different from country to country as each protects its own citizens. So, look on the embassy site and see the list of requirements for your interview.

As to the DUI not sure how he can say he erased it. The landlord say the report!!!!! A DUI stays on our records here for several years. It affects what a person pays for car insurance. it affects job interviews, life insurace applications, cost of sublimental heath insurance, and loan applications. Just be aware it is not called erasing a record / it is called expunging. This is the formal definintion to get rid of a conviction which he had as he paid a fine

Expungement is the process of legally destroying, obliterating or striking out records or information in files, computers and other depositories relating to criminal charges. State laws, which vary by state, govern the expungement of criminal records. The records cannot be accessed for general law enforcement or civil use. An expunged record may usually not be considered by any private or public entity in employment matters, certification, licensing, revocation of certification or licensure, or registration. However, some states allow expunged records to be accessed for employment or licensing in certain sensitive positions, such as law enforcement or work involving children or elderly persons.

Expungement of records usually requires a formal request for expungement by the subject person of the records. States laws vary regarding when a request for expungement may be made and what records, i.e., records of arrest, fingerprints, etc., may be expunged. However, some laws allow automatic expungement in certain instances, such as for juvenile records of adults and first offenders who successfully complete a diversionary sentence. Local laws should be consulted to determine what requirements apply to expungement in your state.

This process takes time and a lawyer

[CerseiLan 2]

I have consulted to an immigration lawyer and she said it won't matter if its just one single DUI... but in here it says otherwise.

He went to court in the year 2013 and pleaded guilty, it wasn't felony or anything (he just drove up to the gas station which is only 3 miles from his home to get a pack of cigarettes, and was pulled over by an officer who's also buying a cig at the gas station) - that is also what's in his court papers. After he went to court and pleaded guilty he was given his tickets to pay but he didn't. He just did yesterday to clear out his name.

For what I understand is background checks for the beneficiary what they look for... anyone with more experience can tell you when or if to mention it and if it cause a delay. And I'm sorry for be nosey but I'm strongly disagree when you said it's his ONLY DUI because in that only one he could kill someone or injure someone that might be less important for you than a delay in your process but the world for their love ones... Just saying

Yes, it is his only DUI, people make stupid mistakes sometimes in ones life but that doesn't mean they won't change for the better.

and for people with longer experience here, are we really that in trouble? sob

[JR loves JR 196]

I don't think you are. If you want some more peace of mind, have him scan and email you the papers showing that he's taken care of the warrant (like the record from court, whatever he has that's official), a signed statement from him explaining what happened, and a copy of the receipt (proof of payment). You can take those documents to the interview in case you need them. But I think the general rule of thumb around here is to answer all questions honestly but if they don't ask about it, don't talk about it. Definitely don't be the one who brings it up. But if they ask, you'll have the documents and be able to explain.

Edited September 20, 2015 by JR loves JR

[mollenne 11]

Please keep us posted on what happens with your situation/case. My fiance was never arrested, but was convicted for a DUI almost 10 years ago. We are claiming it on the DS-160 and he has the court records, I believe, but we are nervous about the interview and if he will be denied his K-1 visa because of it.

Looking around VJ, I'm seeing various answers about it, but it's obvious that it needs to be well-documented and if it's confronted, address it. I wish I could see more of people's outcomes.

Please keep us posted!

[CerseiLan 2]

Please keep us posted on what happens with your situation/case. My fiance was never arrested, but was convicted for a DUI almost 10 years ago. We are claiming it on the DS-160 and he has the court records, I believe, but we are nervous about the interview and if he will be denied his K-1 visa because of it.

Looking around VJ, I'm seeing various answers about it, but it's obvious that it needs to be well-documented and if it's confronted, address it. I wish I could see more of people's outcomes.

Please keep us posted!

It' seems like it's the beneficiary who had the DUI problem on your side.. In my case it's the petitioner, so this is somehow different. Or so I think it is?

[MrsO 3]

If it's just one time, no need to worry. No need to mention it during the interview unless the consul asks about it (which i doubt). My then fiancé had a DUI too but his case was dismissed (hired an attorney) and we we're never asked about it. Just a question though, if his DUI was in 2013, why just pay for the charges now?