Please Help!!!!

[hopeful... 0]

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!!!

Hello! My husband had to file a waiver because he had overstayed a past visa here in the States. First, we had to "prove" that our marriage was bona fide (for us it was the I-130 petition as we were filing for a CR1-IR1 visa). Once that petition got approved, we then gathered up all the materials for his immigrant visa interview. While gathering all those materials, we also prepared his waiver packet. We knew his visa would be denied (due to his past overstay) and he would be required to submit a waiver. On the day of his interview, he was denied a visa and told to file a waiver, which he handed to them that day. It took 15 months for the waiver to be approved... it is NOT an easy or fast process so be prepared to be patient! You cannot file a waiver until you have been denied a visa. But, you can get the waiver packet ready in advance so you can hand it in the day you get denied. Your waiver packet should include a hardship letter, written by the US citizen, explaining why it would be a hardship for the USC to either 1) remain in the US without you and 2) why it would be extremely difficult for the USC to relocate to your country. Every hardship written by the USC should be documented with evidence. The hardship to you does not matter in a waiver packet, only the hardships to the US citizen. Best wishes!

[LadyJane 1]

Hopeful, Thank you for taking us off of the tangent and back to the issue at hand.

[NanNeal 0]

Hi everyone, sorry it took so long in me replying to all your responses. I've been having problems with my old account.

Ok, the wavier i'm applying for is a travel waiver. It basically allows me to go back and forth across the border since I was deemed inadmissable. Now I went and started the process for that, I got my fingerprints back from the RCMP two days ago. It says that I have no criminal record in Canada, in which I knew it was going to say that already, since my charges were in the US and are on the terms of being expunged. My possession charge was on 0.3g of mariguana, wayyy less than the 30g, that would make not excluded. Now back to my original question

Should I go ahead with this waiver, since I've already started the process (I haven't mailed the packet in yet)

Can I still apply for the K1 without applying for the travel waiver??

If I do, would I still have to apply for this waiver anyway and could it hold up the process of the K1...so therefore should I just apply for both???

All of your responses have been very helpful. Thank you all so much!!

[emt103c 10]

The waiver that you need for a k-1 must be submitted AFTER you are denied. The k-1 is called a non-immigrant visa, but is treated as an immigrant visa because you are allowed to adjust status after entering to immigrant status. This will of course save you money in case the charges are expunged, or are small enought to qualify for the section of law I showed you.

It is possible that you won't need a waiver, but if you do, it has to be filed with the consulate during or after your interview. A waiver done before your interview will not help for the k-1, it will only allow you to travel as a visitor.

Again, talk to an attorney for a case specific more certain answer.

Edited April 2, 2008 by emt103c

[blueblue 0]

The waiver that you need for a k-1 must be submitted AFTER you are denied. The k-1 is called a non-immigrant visa, but is treated as an immigrant visa because you are allowed to adjust status after entering to immigrant status. This will of course save you money in case the charges are expunged, or are small enought to qualify for the section of law I showed you.

It is possible that you won't need a waiver, but if you do, it has to be filed with the consulate during or after your interview. A waiver done before your interview will not help for the k-1, it will only allow you to travel as a visitor.

Again, talk to an attorney for a case specific more certain answer.

Just to add to this, any kind of drug conviction will make you inadmissible, either as a visitor or as an immigrant. As a visitor, you can request a waiver, usually using I-192, but check with the consulate to be sure they don't have a local requirement or actually require that form.

As an immigrant (including for K-1), you can currently ONLY qualify for a waiver (I-601) for a drug related conviction if it is a single conviction for marijana possession of less than 30 grams. However, if the conviction was in the 9th circuit and it is expunged, then no waiver is required for that particular conviction. If it is for any other kind of drug or anything other than possession, or for more than one single incident, there is currently NO WAIVER for an immigrant visa under any circumstance.

The I-601 is filed after your K-1 interview at which you would be denied a visa because of the inadmissibility and then allowed to file for the waiver. Along with the I-601 you will need to include substantial evidence of the extreme hardship your spouse would suffer if the visa were not granted. Check immigrate2us.net for more info on extreme hardship and waiver experiences.

[NanNeal 0]

I have started the waiver application I-192 ( I think that's it) to allow me to travel back and forth. I fgured I could go ahead and start the K1 application along with the travel waiver. I just didn't want my k1 to be held up if I didn't have the travel waiver. But from i'm being told on here, is that they're two totally seperate things. I don't have any other charges, so it looks like I should be ok with the K1. If i'm denied, then I would have to file for another waiver.

So from everyone's information here, I'll continue the I-192, since i've already started it, and also, file for the K1. Either way, I'll be able to enter the Country, and if I have problems with the K1, i'll still be admissable with the travel visa to able to at least travel to the US withouth any problems.

Thank you for all your help!!

[NanNeal 0]

I just read and re-read the instructions for the I-129 form and it says to disclose: "Crimes relating to a controlled substance or alcohol on three or more occasions, and such crimes did not arise from a single act."

I had one marijuana posession charge for 0.3g and my sentence was 24 months probation with an expungement to follow. So someone correct me if i'm wrong, but from redading this, it looks like I wouldn't even need to indicate that I had this charge. If i'm completely in left field, can someone please let me know??

[blueblue 0]

I just read and re-read the instructions for the I-129 form and it says to disclose: "Crimes relating to a controlled substance or alcohol on three or more occasions, and such crimes did not arise from a single act."

I had one marijuana posession charge for 0.3g and my sentence was 24 months probation with an expungement to follow. So someone correct me if i'm wrong, but from redading this, it looks like I wouldn't even need to indicate that I had this charge. If i'm completely in left field, can someone please let me know??

The questions on the I-129F are just the beginning. For that specific one, it appears you can answer no since you only have one conviction. Those questions were added after the Adam Walsh and IMBRA rules/regs to make sure the significant other of the USC is informed from the govt, in case you didn't mention it, of issues that the govt decided the foreign spouse/fiance should be informed.

What will be the issue for your case though are the questions on the DS-230 part II that you will need to provide to the embassy as part of your interview. That is where the questions that determine inadmissibility are asked. And also where you will need to provide certified copies of court records, etc.

[rebeccajo 14]

The questions you are asking about on the I129F pertain to the US petitioner.

As blueblue says, DS230 II is where the immigrant answers questions. As such questions relate to drugs, there is really only one answer if there has been any charge, fine or any brush of any kind with the law.

Later on at adjustment of status, the question is raised again on the I485 in the sworn statements, especially question #2. There is also only one answer available to you if there has been ANY infraction with the law regarding illegal substances.

[NanNeal 0]

Oh ok, thanks for the info. Hopefully with it being one charge, and with the charges to be expunged, I won't have too many troubles. Like I said, I'll still be going forward with the travel waiver, so hopefully, when the documents with the the K1 arise, I won't have too many problems. Hopefully the fact that my fiance is a police officer might be in my favour **ha ha** but that ofcourse is wishful thinking.

Anyway, to ask one more question...can I travel back and forth to the US once I get my waiver, but while my K1 is being processed??? I've heard that if the K1 is being processed, that you cannot enter the country?? Is this true??

[~Laura and Nick~ 5]

Anyway, to ask one more question...can I travel back and forth to the US once I get my waiver, but while my K1 is being processed??? I've heard that if the K1 is being processed, that you cannot enter the country?? Is this true??

This is an extremely FAQ....

Yes, you can visit the states once you have filed the K1 but you must show strong ties to Canada, proving that you are just visiting and you plan on returning back home.

Such as:

Letters from employers stating that you work there and when you will be returning

Pay Stubs proving you work there

Bank Statements

Credit Card Statements

Mortgage/Apartment rent agreements

Anything that proves you are returning....be honest, come prepared and you should be fine.

[NanNeal 0]

Oh, that's awsome.. well the proof is no problem...I have everything they need. But for sure i'll come prepared...but it's nice to have all the facts before I do. Thanks for all the info!!