Criminal Law Dismissed DUI & K1 Visa

[tina007]

Hi,
Really concerned about this. In September 2005 I stupidly got arrested for DUI while on vacation in the US. I blew under the limit but was brought downtown anyway & fingerprinted etc. I had to attend court a few days later where I explained I was a tourist and going home in a few days. I was then brought out to the Public Defenders office. He couldn't understand why the issue had been brought so far. He got the case dismissed for me In Nov 2005 and posted me out the case sheet signed by the judge saying it was dismissed,(Is this the court disposition)?

Now I have met an American man and we got engaged last year. We started the Fiancee visa application by sending in the I129-F form. I am just really really worried and stressed that my stupidity is going to mess this all up for us. Am i supposed to bring this up when putting in for the K1? Do I attach that form signed by the judge?

Thanks,

Tina

 

[muggsyj]

This is not Legal Advice!

Hi Tina,

Try not to worry and stress yourself out, life is too short for that.

Your Quote: "Am i supposed to bring this up when putting in for the K1? Do I attach that form signed by the judge?"

1. Dose the K1 forms ask you to put this information in? If so then you are obliged to do so.

2. Do you attach the form signed by the judge? I would; you have to try and get your side of the events out there otherwise you leave your case open to assumptions.

Good Luck with the wedding, I am sure you will have a fab day. Always remember we can only give you an opinion not a clear answer, if you are still not sure you should seek a lawyer. There not as expensive as you think "Especially when you are talking about getting Married"

Good Luck

 

[tina007]

I don't exactly know what the forms ask. I'll know better when I get them. I'm embarrassed about it. I feel like an idiot. I'm not someone who does stupid things. I drove that night as my friend was really drunk. I'm used to driving Manual transmission cars. His was Automatic. I hit the brake forgetting I hadn't a clutch and a truck went into the back of me. Thats what happened

I asked a guy who files K1 Visas for a living and he told me I don't need to disclose the info. I still question it though. I asked my Fiance last night to check out some Immigration Lawyers in his area. Last time we went to get one they were asking for a fortune.

 

[muggsyj]

This is not legal Advice!

No.1 We are not here to judge your case and it is really nothing to do with us what you have done right or wrong, we are only here to give an opinion.

No.2 You should seek a professional in your area, even if it is just for consultation. The consultation to you may seem expensive but you are getting one to one advice and like you said this is your wedding we are talking about.

Take care Tina.

 

[mafioso]

I don't exactly know what the forms ask. I'll know better when I get them. I'm embarrassed about it. I feel like an idiot. I'm not someone who does stupid things. I drove that night as my friend was really drunk. I'm used to driving Manual transmission cars. His was Automatic. I hit the brake forgetting I hadn't a clutch and a truck went into the back of me. Thats what happened

I asked a guy who files K1 Visas for a living and he told me I don't need to disclose the info. I still question it though. I asked my Fiance last night to check out some Immigration Lawyers in his area. Last time we went to get one they were asking for a fortune.

Your adjustment of status form I-485 would ask if you have ever been arrested or charged with a crime. You would have to answer YES and be honest about it. Just simple add a page explaining the exact charge, copy of case dismissal or disposition. You would be fine. A simple DUI is not considered a CIMT. It would not affect your immigration petition. You would have to pass an FBI background check which will locate the incident. So know that lying about it could hurt your chances…….All fingerprints are stored by the FBI and never destroyed if you were ever charged even if you are acquitted, it would come up. You would be fine.