Please Help!!!!

[rebeccajo 14]

Thanks again, Kathryn.

[DA BOMB 1]

This past december/07 I made the critical error of forgetting a tiny quantity of marijuana in my purse when I was on my way to see my fiancee (less than 0.5gr) In which the killer part wasn't even mine!!! My fault! Anyway, they found it on my way to Detroit ( I was crossing in Port. Huron) and charged me with possession. My laywer got me a 74-11 in which the terms are : As long as I fufill my 24 months probation the 74-11 enititles me to my record not even existing (so therefore it won't even show that I was charged anywhere in the world).

My fiance and I went to Cancun in the month of February, flew out of Detroit (since the judged allowed me to go on my vacation) however, when we returned they wouldn't allow me to leave the airport, and escorted me back to Windsor telling me that I am inadmissable to the U.S. due to my guilty charge of the possession. I told them about the expungememt, but they said it doesn't matter that i'm going through a diversion program, once it's in their computers then I am no longer allowed to enter the U.S. without a waiver.

I have since then started the process to recieve a criminal waiver ( no other criminal history...other than this charge in the U.S. and no criminal history in Canada) I am currently waiting for my RCMP finger print criminal history to come back to send out the application to the U.S. customs and immigration.

My questions are:

1. Can we still apply for a K-1 visa without me recieving this waiver first?? or can we apply for the K-1??

2. Do I have to disclose this charge on my application??

3. Is there anything that I need to do if he wanted to spnsor me??

He is an incredible man. I realized that I made a bad decision..and now we're kinds stuck...if anyone can help me with these answers I would really appreciate it!!!

Yes - apply for the K1 and definitely disclose this offense and its details. The only waiverable drug offense is a single possession of cannabis under 30 grams. Waivers are typically filed at the interview - you're just getting yours done ahead of time. Sounds like your waiver will be processed along with your K1 application so maybe you wont have to wait after the interview like everyone else does!

You must report any charges or convictions to the consulate when you request any type of visa.

I presume the 'criminal waiver' you speak of is a matter in the Canadian courts? I presume you are not referring to a waiver for crimes of moral turpitude in connection with an application for a US visa, as those waivers are not filed until the visa interview or shortly after. If so, this 'waiver' you speak of may 'expunge' your record in Canada, but it still must be reported to US officials when you request a visa.

Your best answers are going to be gathered when you meet with an attorney familiar with US immigration law. I would strongly advise you to do this and not to rely on the information previously given to you in this thread.

Your RCMP report is vital to you at this point - do not schedule an appointment with an attorney until you have received it and know exactly what it says. The fact that your 'crime' occurred while you were crossing international borders may make a difference in the charges on your record.

Good luck to you and let us know what you find out.

Why would the criminal waiver come from Canada if she's trying to enter the USA? "I am currently waiting for my RCMP finger print criminal history to come back to send out the application to the U.S. customs and immigration." <<pretty sure this is the an I-601.

I have no idea why the 'waiver' the OP speaks of would be coming from Canada. I can only assume there is a disconnect here in knowledge of the way the process works or knowledge of terminology.

There can be no 601 waiver filing at this point because the OP has no qualifying relative to file the hardship letters.

Until the OP comes back and tells us more, I'm thinking she is either going through some sort of process in Canada which 'waives' or expunges the crime (terminology disconnect between what we know of US immigration and what we don't know about Canadian law) OR the OP is starting to gather evidence in anticipation of filing a waiver AFTER the K1 is approved.

When a person files a waiver for a tourist visa do they use the I-601? Or is there another? Also - if a waiver is filed for a tourist visa to enter the country do you know if that can be used in conjunction with the K1? Seems logical to use one waiver to get into the US regardless which route she takes.

[DA BOMB 1]

The process in Canada is called a pardon. It does not sound like the OP is pursuing a pardon, rather is pursuing a US waiver. You can apply for a waiver even if you are only an intended visitor, however, as noted above, a waiver for possession of marijuana (less than 50 grams) is only available on a family petition.

Thanks Kathryn.

I'm assuming this 'waiver' for Canadian visitors is possibly the same as a VWP citizen having to apply for a visitors visa when they have a conviction?

I knew a guy from the UK who had convictions (not drug related) and he applied for and was granted a visitors visa which he used a couple of times to visit his fiance in the US. They later filed the K1 and subsequent waivers, which were granted.

If I'm understanding you properly, we're in agreement that the 'waiver' for traveling doesn't supercede the waiver for potential immigrating.

Yes, it would be a different waiver for visiting than for potential immigrating. My experience with US waivers dates from when I worked in the Member of Parliament's office in our area. We were an hour from the border and often had truckers come in who needed to request US waivers to allow them to drive a truck across the border for their employer to make a delivery. We actually downloaded the forms for them from the US immigration site, but they had to fill them out and submit all of the documentation plus the fees to the appropriate US authority themselves. They were not happy campers since waivers at that time for taking almost a year for approval. Some of them literally lost their jobs because they couldn't cross the border. A lot of them had already gone through the process of applying for a Canadian pardon (which were taking about 18 weeks at that time) and were mad as hell that it didn't make a difference to the US authorities and they then had to turn around and apply for the US waivers. If they came to us first we generally told them not to bother with the pardons and just go straight for the waivers.

Im wondering if it makes a difference that the crime was committed within the US instead on Canadian soil.

[rebeccajo 14]

The process in Canada is called a pardon. It does not sound like the OP is pursuing a pardon, rather is pursuing a US waiver. You can apply for a waiver even if you are only an intended visitor, however, as noted above, a waiver for possession of marijuana (less than 50 grams) is only available on a family petition.

Thanks Kathryn.

I'm assuming this 'waiver' for Canadian visitors is possibly the same as a VWP citizen having to apply for a visitors visa when they have a conviction?

I knew a guy from the UK who had convictions (not drug related) and he applied for and was granted a visitors visa which he used a couple of times to visit his fiance in the US. They later filed the K1 and subsequent waivers, which were granted.

If I'm understanding you properly, we're in agreement that the 'waiver' for traveling doesn't supercede the waiver for potential immigrating.

Yes, it would be a different waiver for visiting than for potential immigrating. My experience with US waivers dates from when I worked in the Member of Parliament's office in our area. We were an hour from the border and often had truckers come in who needed to request US waivers to allow them to drive a truck across the border for their employer to make a delivery. We actually downloaded the forms for them from the US immigration site, but they had to fill them out and submit all of the documentation plus the fees to the appropriate US authority themselves. They were not happy campers since waivers at that time for taking almost a year for approval. Some of them literally lost their jobs because they couldn't cross the border. A lot of them had already gone through the process of applying for a Canadian pardon (which were taking about 18 weeks at that time) and were mad as hell that it didn't make a difference to the US authorities and they then had to turn around and apply for the US waivers. If they came to us first we generally told them not to bother with the pardons and just go straight for the waivers.

Im wondering if it makes a difference that the crime was committed within the US instead on Canadian soil.

Any 'waiver' obtained prior to filing the K1 doesn't negate the need for filing the 601/212 after a denial for a fiance or spousal visa. The process was already explained above.

The crime was committed while crossing a border. Not 'within' the US.

I don't think we're doing the OP any good by further speculation. They need their RCMP report and a consult with an attorney.

[DA BOMB 1]

The process in Canada is called a pardon. It does not sound like the OP is pursuing a pardon, rather is pursuing a US waiver. You can apply for a waiver even if you are only an intended visitor, however, as noted above, a waiver for possession of marijuana (less than 50 grams) is only available on a family petition.

Thanks Kathryn.

I'm assuming this 'waiver' for Canadian visitors is possibly the same as a VWP citizen having to apply for a visitors visa when they have a conviction?

I knew a guy from the UK who had convictions (not drug related) and he applied for and was granted a visitors visa which he used a couple of times to visit his fiance in the US. They later filed the K1 and subsequent waivers, which were granted.

If I'm understanding you properly, we're in agreement that the 'waiver' for traveling doesn't supercede the waiver for potential immigrating.

Yes, it would be a different waiver for visiting than for potential immigrating. My experience with US waivers dates from when I worked in the Member of Parliament's office in our area. We were an hour from the border and often had truckers come in who needed to request US waivers to allow them to drive a truck across the border for their employer to make a delivery. We actually downloaded the forms for them from the US immigration site, but they had to fill them out and submit all of the documentation plus the fees to the appropriate US authority themselves. They were not happy campers since waivers at that time for taking almost a year for approval. Some of them literally lost their jobs because they couldn't cross the border. A lot of them had already gone through the process of applying for a Canadian pardon (which were taking about 18 weeks at that time) and were mad as hell that it didn't make a difference to the US authorities and they then had to turn around and apply for the US waivers. If they came to us first we generally told them not to bother with the pardons and just go straight for the waivers.

Im wondering if it makes a difference that the crime was committed within the US instead on Canadian soil.

Any 'waiver' obtained prior to filing the K1 doesn't negate the need for filing the 601/212 after a denial for a fiance or spousal visa. The process was already explained above.

The crime was committed while crossing a border. Not 'within' the US.

I don't think we're doing the OP any good by further speculation. They need their RCMP report and a consult with an attorney.

My further speculation was out of curiosity. Is that OK??

[rebeccajo 14]

The process in Canada is called a pardon. It does not sound like the OP is pursuing a pardon, rather is pursuing a US waiver. You can apply for a waiver even if you are only an intended visitor, however, as noted above, a waiver for possession of marijuana (less than 50 grams) is only available on a family petition.

Thanks Kathryn.

I'm assuming this 'waiver' for Canadian visitors is possibly the same as a VWP citizen having to apply for a visitors visa when they have a conviction?

I knew a guy from the UK who had convictions (not drug related) and he applied for and was granted a visitors visa which he used a couple of times to visit his fiance in the US. They later filed the K1 and subsequent waivers, which were granted.

If I'm understanding you properly, we're in agreement that the 'waiver' for traveling doesn't supercede the waiver for potential immigrating.

Yes, it would be a different waiver for visiting than for potential immigrating. My experience with US waivers dates from when I worked in the Member of Parliament's office in our area. We were an hour from the border and often had truckers come in who needed to request US waivers to allow them to drive a truck across the border for their employer to make a delivery. We actually downloaded the forms for them from the US immigration site, but they had to fill them out and submit all of the documentation plus the fees to the appropriate US authority themselves. They were not happy campers since waivers at that time for taking almost a year for approval. Some of them literally lost their jobs because they couldn't cross the border. A lot of them had already gone through the process of applying for a Canadian pardon (which were taking about 18 weeks at that time) and were mad as hell that it didn't make a difference to the US authorities and they then had to turn around and apply for the US waivers. If they came to us first we generally told them not to bother with the pardons and just go straight for the waivers.

Im wondering if it makes a difference that the crime was committed within the US instead on Canadian soil.

Any 'waiver' obtained prior to filing the K1 doesn't negate the need for filing the 601/212 after a denial for a fiance or spousal visa. The process was already explained above.

The crime was committed while crossing a border. Not 'within' the US.

I don't think we're doing the OP any good by further speculation. They need their RCMP report and a consult with an attorney.

My further speculation was out of curiosity. Is that OK??

If you had the personal knowledge of this process that you should have, your curiosity would be moot.

[DA BOMB 1]

The process in Canada is called a pardon. It does not sound like the OP is pursuing a pardon, rather is pursuing a US waiver. You can apply for a waiver even if you are only an intended visitor, however, as noted above, a waiver for possession of marijuana (less than 50 grams) is only available on a family petition.

Thanks Kathryn.

I'm assuming this 'waiver' for Canadian visitors is possibly the same as a VWP citizen having to apply for a visitors visa when they have a conviction?

I knew a guy from the UK who had convictions (not drug related) and he applied for and was granted a visitors visa which he used a couple of times to visit his fiance in the US. They later filed the K1 and subsequent waivers, which were granted.

If I'm understanding you properly, we're in agreement that the 'waiver' for traveling doesn't supercede the waiver for potential immigrating.

Yes, it would be a different waiver for visiting than for potential immigrating. My experience with US waivers dates from when I worked in the Member of Parliament's office in our area. We were an hour from the border and often had truckers come in who needed to request US waivers to allow them to drive a truck across the border for their employer to make a delivery. We actually downloaded the forms for them from the US immigration site, but they had to fill them out and submit all of the documentation plus the fees to the appropriate US authority themselves. They were not happy campers since waivers at that time for taking almost a year for approval. Some of them literally lost their jobs because they couldn't cross the border. A lot of them had already gone through the process of applying for a Canadian pardon (which were taking about 18 weeks at that time) and were mad as hell that it didn't make a difference to the US authorities and they then had to turn around and apply for the US waivers. If they came to us first we generally told them not to bother with the pardons and just go straight for the waivers.

Im wondering if it makes a difference that the crime was committed within the US instead on Canadian soil.

Any 'waiver' obtained prior to filing the K1 doesn't negate the need for filing the 601/212 after a denial for a fiance or spousal visa. The process was already explained above.

The crime was committed while crossing a border. Not 'within' the US.

I don't think we're doing the OP any good by further speculation. They need their RCMP report and a consult with an attorney.

My further speculation was out of curiosity. Is that OK??

If you had the personal knowledge of this process that you should have, your curiosity would be moot.

Why would I? You seem to have all the answers.

[rebeccajo 14]

The process in Canada is called a pardon. It does not sound like the OP is pursuing a pardon, rather is pursuing a US waiver. You can apply for a waiver even if you are only an intended visitor, however, as noted above, a waiver for possession of marijuana (less than 50 grams) is only available on a family petition.

Thanks Kathryn.

I'm assuming this 'waiver' for Canadian visitors is possibly the same as a VWP citizen having to apply for a visitors visa when they have a conviction?

I knew a guy from the UK who had convictions (not drug related) and he applied for and was granted a visitors visa which he used a couple of times to visit his fiance in the US. They later filed the K1 and subsequent waivers, which were granted.

If I'm understanding you properly, we're in agreement that the 'waiver' for traveling doesn't supercede the waiver for potential immigrating.

Yes, it would be a different waiver for visiting than for potential immigrating. My experience with US waivers dates from when I worked in the Member of Parliament's office in our area. We were an hour from the border and often had truckers come in who needed to request US waivers to allow them to drive a truck across the border for their employer to make a delivery. We actually downloaded the forms for them from the US immigration site, but they had to fill them out and submit all of the documentation plus the fees to the appropriate US authority themselves. They were not happy campers since waivers at that time for taking almost a year for approval. Some of them literally lost their jobs because they couldn't cross the border. A lot of them had already gone through the process of applying for a Canadian pardon (which were taking about 18 weeks at that time) and were mad as hell that it didn't make a difference to the US authorities and they then had to turn around and apply for the US waivers. If they came to us first we generally told them not to bother with the pardons and just go straight for the waivers.

Im wondering if it makes a difference that the crime was committed within the US instead on Canadian soil.

Any 'waiver' obtained prior to filing the K1 doesn't negate the need for filing the 601/212 after a denial for a fiance or spousal visa. The process was already explained above.

The crime was committed while crossing a border. Not 'within' the US.

I don't think we're doing the OP any good by further speculation. They need their RCMP report and a consult with an attorney.

My further speculation was out of curiosity. Is that OK??

If you had the personal knowledge of this process that you should have, your curiosity would be moot.

Why would I? You seem to have all the answers.

Because you inquired here:

http://www.visajourney.com/forums/index.ph...mp;#entry767499

[DA BOMB 1]

The process in Canada is called a pardon. It does not sound like the OP is pursuing a pardon, rather is pursuing a US waiver. You can apply for a waiver even if you are only an intended visitor, however, as noted above, a waiver for possession of marijuana (less than 50 grams) is only available on a family petition.

Thanks Kathryn.

I'm assuming this 'waiver' for Canadian visitors is possibly the same as a VWP citizen having to apply for a visitors visa when they have a conviction?

I knew a guy from the UK who had convictions (not drug related) and he applied for and was granted a visitors visa which he used a couple of times to visit his fiance in the US. They later filed the K1 and subsequent waivers, which were granted.

If I'm understanding you properly, we're in agreement that the 'waiver' for traveling doesn't supercede the waiver for potential immigrating.

Yes, it would be a different waiver for visiting than for potential immigrating. My experience with US waivers dates from when I worked in the Member of Parliament's office in our area. We were an hour from the border and often had truckers come in who needed to request US waivers to allow them to drive a truck across the border for their employer to make a delivery. We actually downloaded the forms for them from the US immigration site, but they had to fill them out and submit all of the documentation plus the fees to the appropriate US authority themselves. They were not happy campers since waivers at that time for taking almost a year for approval. Some of them literally lost their jobs because they couldn't cross the border. A lot of them had already gone through the process of applying for a Canadian pardon (which were taking about 18 weeks at that time) and were mad as hell that it didn't make a difference to the US authorities and they then had to turn around and apply for the US waivers. If they came to us first we generally told them not to bother with the pardons and just go straight for the waivers.

Im wondering if it makes a difference that the crime was committed within the US instead on Canadian soil.

Any 'waiver' obtained prior to filing the K1 doesn't negate the need for filing the 601/212 after a denial for a fiance or spousal visa. The process was already explained above.

The crime was committed while crossing a border. Not 'within' the US.

I don't think we're doing the OP any good by further speculation. They need their RCMP report and a consult with an attorney.

My further speculation was out of curiosity. Is that OK??

If you had the personal knowledge of this process that you should have, your curiosity would be moot.

Why would I? You seem to have all the answers.

Because you inquired here:

http://www.visajourney.com/forums/index.ph...mp;#entry767499

He was not ineligible for the VWP as we once thought - which is why he used it to get over here. You sure like regurgitating people's information dont you?

[rebeccajo 14]

He was not ineligible for the VWP as we once thought - which is why he used it to get over here. You sure like regurgitating people's information dont you?

If he was not ineligible, then it would possibly be helpful to others if you would explain why.

However, since I personally know three people who have had convictions in the UK on their record who were VWP ineligible, I think you are trying to spin a story to cover your rear end.

Edited March 29, 2008 by rebeccajo

[DA BOMB 1]

He was not ineligible for the VWP as we once thought - which is why he used it to get over here. You sure like regurgitating people's information dont you?

If he was not ineligible, then it would possibly be helpful to others if you would explain why.

However, since I personally know three people who have had convictions in the UK on their record who were VWP ineligible, I think you are trying to spin a story to cover your rear end.

That would be because he had a clean national police record. He had a warning we thought would warrant the use of a waiver but it was not needed. I'd appreciate it rebecca if you would kindly get off my a$$ with your rude comments in text. Thanks.

[rebeccajo 14]

He was not ineligible for the VWP as we once thought - which is why he used it to get over here. You sure like regurgitating people's information dont you?

If he was not ineligible, then it would possibly be helpful to others if you would explain why.

However, since I personally know three people who have had convictions in the UK on their record who were VWP ineligible, I think you are trying to spin a story to cover your rear end.

That would be because he had a clean national police record. He had a warning we thought would warrant the use of a waiver but it was not needed. I'd appreciate it rebecca if you would kindly get off my a$$ with your rude comments in text. Thanks.

Having a clean 'national' record doesn't have squat to do with whether or not a crime is an 'exception' under the Visa Waiver Program.

Neither does it have anything to do with adjusting status.

If you think you know something we don't, I'd appreciate you explaining how you came to that knowledge.

As a matter of fact, I'm completely done commenting on this subject. It's pointless anyway until you disclose the entirety of your situation and how things worked out for the two of you. If you don't wish to do that in public, that's your call. But it's rather unfair to other posters if there is a legal way 'around' a marijuana possession and use of the VWP; around filing a waiver for it; and around disclosure of that at adjustment of status without completely telling your story to us.

This isn't about 'enquiring minds' wanting to know. This is about a claim you are round-about making on these boards without going into detail. Without the detail, your claim is fruitless to others. I don't intend to make an idiot out of myself trying to get you to let us in on what happened.

I tried to help you last spring when your story came to light. You disappeared from the boards. None of us knew why.

I'm glad your family is reunited and happy. If you have something worthwhile to tell us, that would be helpful. If not - then I'm not sure what your purpose here is unless it is to give false hope to others.

Edited March 30, 2008 by rebeccajo

[DA BOMB 1]

He was not ineligible for the VWP as we once thought - which is why he used it to get over here. You sure like regurgitating people's information dont you?

If he was not ineligible, then it would possibly be helpful to others if you would explain why.

However, since I personally know three people who have had convictions in the UK on their record who were VWP ineligible, I think you are trying to spin a story to cover your rear end.

That would be because he had a clean national police record. He had a warning we thought would warrant the use of a waiver but it was not needed. I'd appreciate it rebecca if you would kindly get off my a$$ with your rude comments in text. Thanks.

Having a clean 'national' record doesn't have squat to do with whether or not a crime is an 'exception' under the Visa Waiver Program.

Neither does it have anything to do with adjusting status.

If you think you know something we don't, I'd appreciate you explaining how you came to that knowledge.

As a matter of fact, I'm completely done commenting on this subject. It's pointless anyway until you disclose the entirety of your situation and how things worked out for the two of you. If you don't wish to do that in public, that's your call. But it's rather unfair to other posters if there is a legal way 'around' a marijuana possession and use of the VWP; around filing a waiver for it; and around disclosure of that at adjustment of status without completely telling your story to us.

This isn't about 'enquiring minds' wanting to know. This is about a claim you are round-about making on these boards without going into detail. Without the detail, your claim is fruitless to others. I don't intend to make an idiot out of myself trying to get you to let us in on what happened.

I tried to help you last spring when your story came to light. You disappeared from the boards. None of us knew why.

I'm glad your family is reunited and happy. If you have something worthwhile to tell us, that would be helpful. If not - then I'm not sure what your purpose here is unless it is to give false hope to others.

Wow - my situation really ticks you off doesnt it? You seem to know more about it than even I do! Please tell me what "claim" im trying to make? I read a post - add my 2 cents like everyone else then I wait for you to chase me, chomping at my coat tail. I disappeared from this board because I sent in my petition then proceeded to be very sick and pregnant, move into a new house, struggle at work, and mother my two preteens. I wanted to just sell you the novel of my life so at least I could make some money on the proceeds but its not finished.

Look lady, you're under some impression that I have an underground railroad from the UK to the States and that we evaded the system with my Mission Impossible false documentation and face altering plastic surgery - but the facts are that we went into the process with all the same background checks as everyone else. Are you telling me that the FBI and CIA arent doing their job? That perhaps my husband used someone else's hand for his fingerprints?

Get real, you are anything BUT happy that my family is reunited. I've been through hell. The money spent for our K1 and our plans to wait it out were disrupted when our 4 week old baby ended up in emergency surgery - this is when we decided to adjust within the US. Did I preplan the 4 days in terror while he went through that ordeal? I cant understand your heated desire to "bust" me on immigration fraud when there's illegals who swam across the Rio Grande or fake marriages for the sole purpose of a GC.

[rebeccajo 14]

I don't post things here that I don't mean. I said I am happy your family is reunited and I am.

[DA BOMB 1]

I don't post things here that I don't mean. I said I am happy your family is reunited and I am.

Oh St. Rebecca - if everyone was as dilligent about helping others as you are, this world would be a better place. Thank you for your huge concern for me and my family.