Petitioner has previous DUI and disqualification, could it be a problem?

[bal1025]

Hi, could do with some advice, my friend here in london is marry a US citizen and he his filling in the application for the k1 visa in the US here he lives.

He has a DUI from 4 years ago and he recieved a 2 year disqualification for this.

And 10 years ago he got ijnto a fight with his ex wife and both of them were arrested, charged and received 2 year suspended sentences.

Question is will this affect his petition to bring his fiance here?

Many thanks for any advice.

 

[Triple Citizen]

K-1s cannot be filed for spouses, only fiance' or fiancee' qualify for K-1 visas.

my friend here in london is marry a US citizen and he his filling in the application for the k1 visa in the US here he lives.

If the US citizen had the DUI and suspended setence, it should not affect his ability to sponsor someone for a K-1 visa.

He has a DUI from 4 years ago and he recieved a 2 year disqualification for this.

And 10 years ago he got ijnto a fight with his ex wife and both of them were arrested, charged and received 2 year suspended sentences.

Question is will this affect his petition to bring his fiance here?

 

[bal1025]

thank you, yes you are correct of course fiance is what i meant, will the DV from 10 years ago have any effect? Thanks

 

[BigJoe5]

thank you, yes you are correct of course fiance is what i meant, will the DV from 10 years ago have any effect? Thanks

Yes it will. It will cause a slower adjudication due to intensive background checking on the petitioner. Unless a child was present and/or involved in the domestic violence incident, it will likely not ultimately prevent a K-1 visa. However, ultimately, all petitions are discretionary determinations, this one involves a mix of facts and law.

SEE: http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/adamwalshact020807.pdf

Section 402(b) of the Adam Walsh Act amends section 101(a)(15)(K) of the Act to bar U.S. citizens convicted of these offenses from filing nonimmigrant visa petitions to classify their fiancé(e)s, spouses, or minor children as eligible for “K” nonimmigrant status, unless the Secretary determines, in his sole and unreviewable discretion, that the petitioner poses no risk to the beneficiary.

SEE: http://www.uscis.gov/err/D6 - Fianc...ecisions_Issued_in_2010/May062010_01D6101.pdf AAO Decision

AND: http://www.globallawcenters.com/pdfs/31767.pdf USCIS S.O.P.

 

[bal1025]

thank you Bigjoe5 and for the links, great help.