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I will be applying for a K1/fiancee visa. Do I have 3 or more convictions relating to alcohol/controlled substances?

Minneapolis, MN |

Under Part C. question #2 it states:
"Three or more convictions for crimes relating to a controlled substance or alcohol not arising from a single act."
-I have 2 convictions for underage drinking...
-I was arrested/charged with DWI but when I went to court the DWI was dismissed and I plead guilty to reckless driving,
does this qualify as a "alcohol related" conviction?
When I search my criminal record online it clearly states the original charge..
-Another incident that appears on my record states I was ticketed for no drivers license and small amount of marijuana,
but when I went to court the small amount of marijuana was dismissed and I plead guilty to driving without a license.
Will this be viewed as a conviction "relating" to a controlled substance?

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Attorney answers 3

Posted

Conviction is the operative term. If the cases were dismissed or you were convicted of other crimes, then they are not convictions for alcohol or controlled substances.

Posted

Ot doesn't sound like you have three convictions. However I can not tell you for sue without looking at your entire record.
Juvenile may also not count.
In any event you need to answer the questions honesly and provide complete certified records of each case from the police report tot eh final disposition. In many cases a misdemeanor case will no longer be available. If that applies to any of your cases you will need to atleast get a certified fianl disposition and docket sheet from the clerk's office for the case.

Posted

I'm confused. Are you the US Citizen petitioner? If so, it doesn't matter.

If you're not the US Citizen, and you are in Minneapolis, then a K-1 fiancee visa may not be the correct one for you to consider.

Franco Capriotti - Senior Legal Counsel - Capriotti International Law – 503-803-0055
SKYPE CONSULTATIONS AVAILABLE - franco@capriotti.com - www.capriotti.com
We are not geographically limited ==> Our licenses allow us to represent people worldwide.

FORMER IMMIGRATION LAW PROFESSOR -- LEGAL DISCLAIMER: This answer is offered for informational purposes only. It does not constitute an attorney-client relationship.

Asker

Posted

I am USC. On the 129f it asks if I have 3 or more convictions for alcohol/controlled substances... Yes or No. Do I need to provide certified copies of the disposition of any alcohol related cases regardless of my answer to the question?

F. J. Capriotti III

F. J. Capriotti III

Posted

You need an attorney ... you are not reading the form correctly.

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