Applying for a K1 with USC and beneficiary with a Criminal record

[NanNeal 0]

Ok everyone here goes,

I need as much information as possible because things have been very difficult for myself and my finace.

Our journey started 5 years ago when we met and fell in love, after dating for only 1 year he was indicted on a drug charge ( he told me everything before it happened) and waited in the county for 10 months. He was ultimately sentenced to 30 months with time served. He's expected to be out January 2009. While he was incarcerated, he asked me to marry him ( he had his father bring the ring while we were visiting) I said yes!!

In December of 2007 I made a stupid mistake of hanging out with a group of friends....to make a long story short, I forgot I had someone else's marijuana in my purse (1.3g) and was pulled over at the border and it was found (therefore making me now inadmissible to the U.S.) I have applied for an entry waiver and hope to get it by mid next year, but as soon as my fiance comes home ( he is in Michigan , and I'm in Toronto) we want to file for a K1. I'm trying to gather as much info as I can so we can get everything ready to go as soon as he gets home.

I don't have any other charges, and my charge was in Michigan. My fiance's family has a family run business that he will be able to go to as soon as he gets home, and his father has already offered to provide additional affidavit of support if he needs it.

My question is, has anyone had a situation like this, or know of anyone with a situation like this??

How difficult will it be for him petition for me, and will there be tremendous difficulty for us??

Should we go through an immigration lawyer? Or should we petition ourselves??

Any and all information will be greatly appreciated!!

[Jeff&Qingyun 0]

Ok everyone here goes,

I need as much information as possible because things have been very difficult for myself and my finace.

Our journey started 5 years ago when we met and fell in love, after dating for only 1 year he was indicted on a drug charge ( he told me everything before it happened) and waited in the county for 10 months. He was ultimately sentenced to 30 months with time served. He's expected to be out January 2009. While he was incarcerated, he asked me to marry him ( he had his father bring the ring while we were visiting) I said yes!!

In December of 2007 I made a stupid mistake of hanging out with a group of friends....to make a long story short, I forgot I had someone else's marijuana in my purse (1.3g) and was pulled over at the border and it was found (therefore making me now inadmissible to the U.S.) I have applied for an entry waiver and hope to get it by mid next year, but as soon as my fiance comes home ( he is in Michigan , and I'm in Toronto) we want to file for a K1. I'm trying to gather as much info as I can so we can get everything ready to go as soon as he gets home.

I don't have any other charges, and my charge was in Michigan. My fiance's family has a family run business that he will be able to go to as soon as he gets home, and his father has already offered to provide additional affidavit of support if he needs it.

My question is, has anyone had a situation like this, or know of anyone with a situation like this??

How difficult will it be for him petition for me, and will there be tremendous difficulty for us??

Should we go through an immigration lawyer? Or should we petition ourselves??

Any and all information will be greatly appreciated!!

I know if I were in your shoes I would be talking to a good lawyer, I'm afraid you wouldn't have a prayer on your own, but this is just my opionion. I have heard some of the people on this site talk about how discriminating the powers that be are with their petitions and they don't have any charges or convictions to worry about. I wish you the best of luck.

Jeff

[Fred N Emilia 0]

I agree, hire a good lawyer.

[*JG* 2]

I'm afraid that is my suggestion too. Pretty much any other charge and I might have a thought or two. But, drugs need a good immigration lawyer.

I wish you luck.

[pushbrk 12,569]

I'm afraid that is my suggestion too. Pretty much any other charge and I might have a thought or two. But, drugs need a good immigration lawyer.

I wish you luck.

Attorney for certain.

[t0+ 1]

The criminal record of your USC fiancé won't be so much a problem. It takes 3 criminal drug convictions not arising from the same incident before IMBRA applies. From what you have written on your USC fiancé, it doesn't sound like IMBRA would apply. However, your drug conviction in the United States will be a problem as it has now made you inadmissible. You will have to overcome this inadmissibility, before gaining lawful entry.

I won't go against everyone else's advice, but be careful in getting a lawyer. I would suggest that you become as familiar as possible with this particular area of immigration as possible. This is the only way you will know if your lawyer is actually of any help. When you look for a lawyer, look for one that is particularly experienced or is dedicated to the area of waivers. You will need to file an I-601 waiver along with a very convincing hardship packet. The packet will need to contain a letter that explains the hardships encountered if the waiver is not granted. The packet should contain as much evidence as possible that backs up what is in your letter.

On one other note, even if you are able to secure an entry waiver on your own and successfully obtain an I-94, this will not be enough to have your K1 approved at consulate interview. Your fiancé will still have to file an I-601. If you were planning on getting married in the US after entering on a tourists visa (or anything other than a K1), that's something we can't really give you advice on as that would technically be marriage fraud, and against the TOS of this board.

This may be a good place to start your research:

http://tinyurl.com/5n9af8

[spookyturtle 9,465]

Do a consult with Laurel Scott. Her site is visacentral.net. One of the top lawyers in the country with foreign filed waivers. Your charge is very recent and usually a few years must pass before a wavier will be granted. Your fiance must prove he will suffer extreme hardship if you are not allowed to come to US. You need the advice of a Good immigratrion lawyer.

[NanNeal 0]

Thanks, I knew that It would be a difficult road, I was hoping not THIS difficult.....

[KimandRuss 0]

I agree with the others. Just admitting to having taken drugs can result in a ban.

You need to find a lawyer, but as mentioned above, not just any lawyer. The link you got above is a great resource for getting information about the waivers.

good luck to you

[Chica Yeyé 41]

You need an immigration attorney with a lot of experience in waivers and drug related charges.