Jess08

Hiya! I'm a USC and my DH is a UKC. We're hoping to file the I-130 for DCF this week. Before I pay the $420 to file the form, I've got a question about the whole process.

I know at some point they do a background check. My worry is that DH had a DUI while he was living in the US. He's paid the fine off and done the community service and everything so it's all be taken care of, so to speak, but I'm worried that our application will be denied because of it.

Can anyone shed any light on this please?

Thanks!

ETA: I've also noticed some people have filed the DS-2001, but I've read that it's not necessary anymore. True? False?

CAProgrammer

You will need to file the DS-2001 but only after you get your case number which is much further down the line.

ian-mstm

Your application will likely not be denied because of it. He must declare the arrest when he applies but, since it happened in the US, his UK ACPO certificate will be clean.

How was it that he came to be living in the US?

Ian

jeffreyhy

Not relevant to the I-130 petition, which is to establish the marital (in this case) relationship. If the DUI will be an issue it will come up later on with the visa application.

Regards, JEff

Jess08

Phew! That's a relief!

He lived in the US for 2 years on a K3 (I think?) visa. He split with his ex before the adjustment of status was filed so he had to leave at the end of 2 years. We moved to the UK, got married and have been here for 3 and a half years.

Of course he'll declare it on the application. I noticed that an applicant must provide court/arrest records if they have had an arrest. Am I correct in thinking that this only applies to arrests in the UK? Or do we need to contact the court in the US and get records from them?

Noorah101

He will not need to provide a police report from the USA. USA will do their own checks on him as part of the visa process.

Rene

S Folinsky

Be prepared for the potential impact on the medical examination.

Jess08

I didn't realize it'd affect the medical. How so?

Marocco

He should expect to be grilled about his alcohol intake.

Jess08

Ahh, ok. That makes sense. It's not an issue now. Thanks!

S Folinsky

There is a medical ground of inadmissability for substance abuse.

I have no idea what your level of alcohol consumption is. However, there have been discussions on this forum and elsewhere regarding heavy drinkers who think their consumption is normal. There is a famous [or infamous] article which was discussed in this thread. I recommend reading post #29 in the thread.

BTW, Phil & Shayna removed much in the way of their postings on the postings on the internet. However, this BE stuff is still there.

Marocco

Keep in mind that drinking levels which are considered acceptable in the UK are not necessarily ok for the medical.

Jess08

He's stopped drinking altogether since we've had a baby