JakeHull

HI all,
I have been reading around and it seems that is better to disclose all speeding tickets. I came to the US on a GC 5 years ago and am now in the process of filling my N 400.

From the last 5 years I have the following five speeding tickets:

1) 2006 45mi in 30 mi zone paid fine
2) 2007 was doing above 20Mi in VA and charged with reckless but the court found me not guilty of reckless and charged me with improper driving (infraction)

3) 2008- speeding 55/45 paid the fine and reduced to faulty equipment
4) 2008 - Speeding 70/55 paid fine 2 points
5) 2009 - Speeding school zone 40/25 paid fine.

I have no other offences. The last 3 took place in the last one year because I moved to CO and am getting used to the slopes and hills. I know it’s not a good excuse but honestly I have never sped with the intent to speed, I just get busted.

I am planning to take a voluntary traffic school and also have done some voluntary community work in the past and will be doing it this year too. I think this will counter the effect of the tickets. I fear that they will deny me saying that I don’t have a good moral standing

Given the facts above, how deep a problem ya'll think I am in?

Ray

I don't see a great problem ...confess all ..Your not exactly a hardened criminal

AdobePinon

You should be fine, but hopefully you get an interviewer who has no kids. Some seem to consider speeding in a school zone to be some sort of gateway crime. At least prepare to act repentent on that one.

JakeHull

Thanks AdobePinon and Ray for your opinion. The school zone ticket show up as speeding ticket and the IO will only know if she asks me what it was for. I wish I had been a good driver and not got cited so many times. Oh well, it is what it is. It seems you guys have been on this forum for a long time, have you came across any post that the person was denied based on many speeding tickets ?
It's appreciated.

ian-mstm

In my 11+ years reading this forum and its earlier incarnation, I have no memory of anyone's N-400 getting denied on the basis of too many speeding tickets. I had 3 - one, like you, in a school zone. (In my case, I was crossing a bridge from Ohio to Kentucky... and the speed limit on the bridge is 10 mph more than the speed limit once you get off the bridge - and the exit on the Kentucky side is *in* a school zone. Go figure!) I mentioned all 3 on my N-400 and noted that I only had to pay a fine in each case. I also included a copy of my DMV report (most states allow you to get one online) showing that all 3 infractions were no longer on my record.

Be honest and up front, and you'll be fine. You don't need any documentation if the penalty was a fine of less than $500.

Ian

JakeHull

Thanks for the info. I can understand the IO not considering 3 speeding tickets specially when they are old. in my case I have five and 3 of them are very recent. I have started to not liking Colorado now!

I will be eligible to apply in June and the reason I want apply as early as possible is because I want to marry my girlfriend overseas. Being a LPR, the process with take more that 3 years (an awful lot of time)

What I am planning to do is to wait for 6 more months i.e apply in Jan ‘10 so that I can establish some good driving record, take a driving school, and also do some community service which I usually do anyways.

Here is how I am planning to list my tickets, please let me know if you or anyone else has any suggestions:


Citation/Traffic/Speeding 2/xx/09 City/CO Paid fine

Citation/Traffic/Speeding 12/xx/08 City/CO Paid fine

Citation/Traffic/Speeding 3/xx/08 City/CO Paid fine,
reduced to
defective equipment

Citation/Traffic/reckless by speed xx/xx/07 giles/VA Not found
guilty. paid fines
for improper/
coltrol driving

Citation/Traffic/Speeding 3/xx/06 City/IN Paid fine


Here is the interesting part:

For my reckless by speed charge, my DMV record shows it as "non-pointable offence" since it was an out of state offence. For third ticket above my DMV records simply says Improper use/ faulty equipment"

I am wondering if I should list them ‘as is’ in the DMV record instead of mentioning it was initially a speeding citation and then reduced? Any suggestions?

BTW, I have been going through various blogs and have seen instances where people have been asked to get court dispositions for speeding tickets. I also saw a few cases where people have been denied for having a lot of speeding tickets and later the decision was reversed. This one guy had 9 speeding tickets (Have a look at page 10). I guess it all boils down to how the IO sees ‘em.

It's appreciated!
jake

ian-mstm

Okay.


Okay.

Leave off the "reduced to defective equipment" stuff... it'll only confuse the adjudicator. It doesn't matter why it happened. It was a speeding ticket and you paid a fine.


Change "not found guilty" to "found not guilty". For this one, you'll want to get copies of the court documents. Don't elaborate on the N-400... state it simply, like you have here... and include the court documents. If the adjudicator wants more information, you can give it to him at the interview.


Okay.

Since you know you're going to likely need documents in advance for the one offense, why not get them now and simply apply when you're eligible? I'd also go ahead and file for your fiancee now... whether or not you're a USC. Once you think about it for a few minutes, you'll come to realize that it's the prudent thing to do (read = whether you apply now or after you become a USC, it'll take the exact same amount of time to get her to the US).

Oh... stop reading the blogs... none of those people have your exact background or are in your exact situation.

Ian

JakeHull

Ian,
The info you provided is very helpful and I really do appreciate it. I know I am over concerned but unfortunately that's how I am.

Yes, I have already got the disposition from the court and have also approached the other courts for documents- just incase I need them.

About the fiancée visa, the processing time for k2 and K3 is only six months as a USC k2,k3 are not available for PR and I 130 is a long process. But no doubt it’s better to file now.

Appreciate your help

ian-mstm

Sorry... my bad. You said "girlfriend" and I read "wife". You aren't yet married and only a USC can file for a fiancee.

You should consider get married now and filing an I-130 for her immediately - even while you're an LPR. For no other reason than if - on the wildest bizarre chance that something happens with your N-400 application, your wife will already be "in line" for a visa. Don't pursue a K-3 visa... it's crap. If all goes well with your N-400, you can upgrade the petition and a visa will become immediately available to your wife.

Ian

meauxna

I-130 is not the years-long process that it was in the recent past. Typical IV cases for USC petitioners is 8-10 months from petition to visa.
The K-3 visa is not worth the look anymore.

File your petition now, and they'll help you upgrade it after your ceremony.

JakeHull

Thanks for advise.
Maybe I was looking at the wrong info. Considering I will file as a permanent resident ( http://travel.state.gov/visa/frvi/bu...etin_4438.html) the state dept website says that the priority date for 2A right now is 15th august 2004. But when I look at I 130 processing time for Vermont, it says the current priority date for PR filing for spouse is 01/2006 (https://egov.uscis.gov/cris/processT...=serviceCenter).
To add to my confusion I checked the I-130 for and no matter what state I am in they are to be mailed to a lockbox in Chicago.

I live in Colorado and how do I know which service center will process my file and what does the state department have to do with this. I know once I get naturalized I can get the upgraded but am trying to explore what options I have if I don’t naturalize or the process takes a long time like FBI clearance and stuff.


It's appreciated


@ Ian- Thanks mate !

meauxna

What you need to separate out in the above is that if you file as an LPR, the I-130 processing time makes no difference.
File as an LPR, and the I-130 will be approved on some date. But, until a *visa number* is available for your spouse, no immigration can start.
That is the 4-5 year (current) wait.

For US citizens, there is no wait for a visa number for the spouse. At that point, petition processing time is a lot more important, because it takes up the lion's share of the total time apart (that 8-10 months I mentioned).

I-130s are mailed to a central mailing box and distributed to the correct office for adjudication. All that matters for you is where to mail it to, not where it will be adjudicated (because you don't get a choice; it's by residence).

What the State Dept has to do with it is the allocation of the immigrant visa numbers.. there are only so many available for spouses of LPRs for example (that is why there is a backlog).
There is an unlimited supply for IV numbers for Immediate Relatives of citizens. The US wants you to naturalize.

The benefit in filing the I-130 now, while you are an LPR, is in case anything delays your naturalization, you spouse will have a place line secured. Since you express doubt at actually naturalizing, if you don't start sometime, your spouse will never get a visa number.

I think I explained that badly..

JakeHull

Thanks, I get it now.
Just as I mentioned about I am a lil worried about my speeding tickets. I had a feeling that they will say I don't have respect for local and state laws and hence not a person with good moral character. But, from what I have understood on this thread it seems not to be a big problem and hopefully will not be a big problem. Thanks to all of ya!

You did a great job explaining it and really appreciate that.

Thanks for your help again..


P.S: Ian suggested that I should not wait till one year has elapsed since my last speeding ticket and apply as soon as I am eligible ( i.e. July). What’s you suggestion?


Jake

discoviking

I'm with Ian. Apply as soon as you are eligible. Keep in mind that traffic tickets are moving violations, not criminal convictions. Unless you get the IO from Hell, I doubt they will be much of an issue. My IO was not interested in my tickets at all. (Anecdotal evidence of course, your mileage may vary.)

Rete

I know that Ian doesn't recall seeing a case reported similar to yours. Nor do I. Playing the devil's advocate however, there is always the possibility that since the offenses were numerous and in a relatively short period of time, it does give some credence to your being of poor moral character in as much as you have failed to obey the law on five different occasions. Yes, speeding tickets are not criminal charges but moving violations can result in denial most definitely if they were alcohol related (which yours are not I assume).

The only way to know what will happen is to complete your N-400 processing. Don't be surprised if the interviewing officer tells you that they must have their supervisor sign off on your application before a final decision is made. My husband only had one speeding ticket which resulted in a fine which he paid and his application had to go that route.