# Spouse visa and criminal/traffic offenses?



## shimmer967 (Oct 21, 2010)

Hi Everyone,

I am new here, but have gathered so much great information to help me get started.

My fiance and I (I am a US citizen, he is UK citizen) plan to marry next year here in the US.
In reading over the application, it asks for all prior criminal records including traffic violations for the last 10 years.
I'm ashamed to admit, 7 years ago I had a DWAI (alcohol). This is deemed a traffic violation. Sometime later, while visiting family near Canada, I tried to go to Canada for the day and was refused entry based on this (as in Canada it is a worse offense).
The only other ticket I ever had was for an outdated inspection.
Obviously, I have to report this on my application and I am panicked!

Can this prevent my spouse visa?
We have ample supporting documentation for everything.
Should we consider an immigration lawyer or using a visa processing service.
Please help! 
Thanks so much!


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## Joppa (Sep 7, 2009)

shimmer967 said:


> Hi Everyone,
> 
> I am new here, but have gathered so much great information to help me get started.
> 
> ...


Most unlikely I'd have thought. While drink-driving is taken seriously in UK as well, it's not going to tarnish you as a person of good character. Specifically, while you have to disclose all your convictions, those considered 'spent' under UK law need not be included. Unless your DWAI conviction resullted in prison sentence, if it was just a fine and a period of disqualification, it's spent after 5 years, so you don't need to disclose it. Similarly, you don't need to disclose your ticket for outdated inspection.
Read RFL10 When can I refuse on the grounds of criminal convictions ? paragraph 320 (18)?


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## shimmer967 (Oct 21, 2010)

Thanks, Joppa!

I feel a lot better reading your detailed response and link!
The application also asks if I have ever been refused entry into another country (which is what reminded me of this violation).
I'm likely going to have to mention, I imagine because of this question.
I will seek advice prior to applying.
I'm really encouraged that if I have to report it, it isn't going to be grounds for an instead refusal.


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## Joppa (Sep 7, 2009)

shimmer967 said:


> Thanks, Joppa!
> 
> I feel a lot better reading your detailed response and link!
> The application also asks if I have ever been refused entry into another country (which is what reminded me of this violation).
> ...


Your refusal at the Canadian border shouldn't affect your application, as Canadian government's entry ban to drink-drive offenders is well known.


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