ready to get married but not in the US

[chinese_mutt 11]

Really good advise here.

I'm just wondering, if the minor drug conviction is erased from the record in March 2010, wouldn't it make sense to wait until that has happened and then apply for a visa, hereby eliminating the danger that the conviction somehow makes it into the files of the USCIS before it is erased?

To speed things up, you could get married on Tortola (part of BVI, right?) and thus get the whole process in motion by being married for 2 years by the time you appy for AOS. One less traumatic experience to go through.

However, one thing I would do if I were you: pay an experienced immagration attorney 1 hour (about 300 bucks) to explore the issue with the drug conviction, BEFORE you get married.

I'd suggest get a lawyer and consult about the drug conviction first before you get married. If he is denied from entering US and you are banned from his country, you'll have tons of headache on your hand. You also might want to look for a back up country where both of you can live together.

I'm sorry for the mess that you are in. I hope you find a light at the end of the tunnel.

[Town'n'Country 0]

Really good advise here.

I'm just wondering, if the minor drug conviction is erased from the record in March 2010, wouldn't it make sense to wait until that has happened and then apply for a visa, hereby eliminating the danger that the conviction somehow makes it into the files of the USCIS before it is erased?

To speed things up, you could get married on Tortola (part of BVI, right?) and thus get the whole process in motion by being married for 2 years by the time you appy for AOS. One less traumatic experience to go through.

However, one thing I would do if I were you: pay an experienced immagration attorney 1 hour (about 300 bucks) to explore the issue with the drug conviction, BEFORE you get married.

Hey it's nice to hear more feedback to my post, thanks.

Let me clarify: It turns out that even after a conviction has been "erased" from someone's record in their home country, it hasn't been erased completely. The USCIS can find out about arrests and court cases even if probation has been completed and the court extract says "no convictions". They also look into dismissed cases to see why it was dismissed. No stone unturned!

The fact is that he still has this conviction from 2006 on his record somewhere and it is grounds for denial of a visa. However, if there is only one conviction, if there is no time in prison, if the amount of the "narcotic" in this case cannabis, is less than 3.5 g, if there is no trafficking involved, and if at least 5 years have passed since the conviction there may be a chance of getting the visa. This is what I have learned. I have heard some promising odds from a couple of different lawyers.

I question if they are giving me a true estimate of the probability of getting through, or are they just trying to drum up business. A lawyer is going to be essential to deal with this situation.

[Town'n'Country 0]

I'd suggest get a lawyer and consult about the drug conviction first before you get married. If he is denied from entering US and you are banned from his country, you'll have tons of headache on your hand. You also might want to look for a back up country where both of you can live together.

I'm sorry for the mess that you are in. I hope you find a light at the end of the tunnel.

Thanks tngirl. I could use some of that light. The headache is already happening. I have been given a good reason in the past few weeks to believe that I will be able to return to Trinidad. It's still going to take some time though. Patience and Faith. Love will conquer.