3 Drug Convictions for Possession

[PanamaJack 1]

I have 3 drug convictions for simple posession dating back 20 years with the last one being in 1995.

I have the certified court records from the courts.. Do I send the originals with the I-129F showing the raised seal or copies ?

I did an on-line background check on myself to get the exact dates so I knew what records to get.

Also when they say crimes related to a controlled substance or alcohol... Does this mean you did something while you were under the influence or just posessing it was a crime? The instructions were not clear on that...

I would like to get it right the first time and avoid any RFE's

Would appreciate an answer from someone who has or had the same problem and is sure of the correct answer..

Thank You

[baron555 934]

I have 3 drug convictions for simple posession dating back 20 years with the last one being in 1995.

I'm clean but I can answer based on my understanding; these are simple questions and requirements.

I have the certified court records from the courts.. Do I send the originals with the I-129F showing the raised seal or copies ? You never send in originals, never with any document. You should bring originals to interviews but never send in with documents. Send copies.I did an on-line background check on myself to get the exact dates so I knew what records to get.

Also when they say crimes related to a controlled substance or alcohol... Does this mean you did something while you were under the influence or just posessing it was a crime? The instructions were not clear on that...

If a controlled substance was involved, and you were cited for it, it is included. So yes possession is a crime related to a controlled substance.

I would like to get it right the first time and avoid any RFE's

Would appreciate an answer from someone who has or had the same problem and is sure of the correct answer..

Thank You

[PanamaJack 1]

So is this a reason for Denial ? If you tell them about these things that they will probably find out about anyway? Why are they making you tell them on the I-129F application when they are going to do a background check anyway?

[Chica Yeyé 41]

So is this a reason for Denial ? If you tell them about these things that they will probably find out about anyway? Why are they making you tell them on the I-129F application when they are going to do a background check anyway?

Yes, such are crimes of moral turpitude and make you inadmissible without a waiver. Check the case law:

http://www.state.gov/documents/organization/86945.pdf

[rsn 135]

So is this a reason for Denial ? If you tell them about these things that they will probably find out about anyway? Why are they making you tell them on the I-129F application when they are going to do a background check anyway?

Yes, such are crimes of moral turpitude and make you inadmissible without a waiver. Check the case law:

http://www.state.gov/documents/organization/86945.pdf

Incorrect. There is no "waiver" for a petitioner. You are required to disclose this information so the beneficiary can be made aware of such things at the interview. I do not believe this will result in a denial, but might be an awkward situation if your SO does not already know about this when the interview occurs.

[Chica Yeyé 41]

So is this a reason for Denial ? If you tell them about these things that they will probably find out about anyway? Why are they making you tell them on the I-129F application when they are going to do a background check anyway?

Yes, such are crimes of moral turpitude and make you inadmissible without a waiver. Check the case law:

http://www.state.gov/documents/organization/86945.pdf

Incorrect. There is no "waiver" for a petitioner. You are required to disclose this information so the beneficiary can be made aware of such things at the interview. I do not believe this will result in a denial, but might be an awkward situation if your SO does not already know about this when the interview occurs.

Oh, he is the petitioner? I thought he was the beneficiary My bad.

[rsn 135]

So is this a reason for Denial ? If you tell them about these things that they will probably find out about anyway? Why are they making you tell them on the I-129F application when they are going to do a background check anyway?

Yes, such are crimes of moral turpitude and make you inadmissible without a waiver. Check the case law:

http://www.state.gov/documents/organization/86945.pdf

Incorrect. There is no "waiver" for a petitioner. You are required to disclose this information so the beneficiary can be made aware of such things at the interview. I do not believe this will result in a denial, but might be an awkward situation if your SO does not already know about this when the interview occurs.

Oh, he is the petitioner? I thought he was the beneficiary My bad.

It happens (as hard as it may be to believe, even to me sometimes )

[PanamaJack 1]

RSN

Yes I am the petitioner and US Citizen.. She already knows about my past from 20 years ago. I will be sending a letter from her with the Application stating that she is aware of the Drug convictions I have on my record. She speaks and reads English..

I also plan on sending a letter of reference from a church I belong to. I hope this and everything else will be enough for them. I have been reading VJ for hours and hours already so I do not think I am missing anything...

[NArocks 13]

If all else fails get married and file the I-130

[daboyz 36]

If all else fails get married and file the I-130

Exactly. IMBRA plays no part in CR-1.

[PanamaJack 1]

Already looked at that .. But there is way too much to do to marry in Colombia. I am not ready to suck up to the notaries in Bogota not to mention there is way to many things to get here in the USA first such as everything has to be apostilled and translated and things like that plus 5-7 days notice in the newspapers . This is the rules to marry in Colombia.. I will take my chances with the I-129F for this reason..Not to mention evidence of living together which I will never be able to provide.. I am in and out of Colombia never more than a week at a time..

[baron555 934]

So is this a reason for Denial ? If you tell them about these things that they will probably find out about anyway? Why are they making you tell them on the I-129F application when they are going to do a background check anyway?

Not necessarily cause for denial but you need to answer all the questions honestly. Why they are on the application is to see if you are telling the truth, and then later, have told the beneficiary so they are OK with these and you are not hiding anything from them.

Possession of a controlled substance is a big deal, this is no "simple crime", regardless of your beliefs. There is no simple crime. Breaking a law is a crime and that person is a criminal. It means nothing as far as your character now, but your beneficiary needs to know. This is their way of closing that loop.

[PanamaJack 1]

So is this a reason for Denial ? If you tell them about these things that they will probably find out about anyway? Why are they making you tell them on the I-129F application when they are going to do a background check anyway?

Not necessarily cause for denial but you need to answer all the questions honestly. Why they are on the application is to see if you are telling the truth, and then later, have told the beneficiary so they are OK with these and you are not hiding anything from them.

Possession of a controlled substance is a big deal, this is no "simple crime", regardless of your beliefs. There is no simple crime. Breaking a law is a crime and that person is a criminal. It means nothing as far as your character now, but your beneficiary needs to know. This is their way of closing that loop.

Thanks Baron

I understand it now.. It is not for the purpose of denial but just informing to cover themselves in case I did not inform her of this. Along with as you say being honest about it to them on the Inital application form...

Edited August 26, 2009 by PanamaJack

[Chris_Жанна 11]

So is this a reason for Denial ? If you tell them about these things that they will probably find out about anyway? Why are they making you tell them on the I-129F application when they are going to do a background check anyway?

Not necessarily cause for denial but you need to answer all the questions honestly. Why they are on the application is to see if you are telling the truth, and then later, have told the beneficiary so they are OK with these and you are not hiding anything from them.

Possession of a controlled substance is a big deal, this is no "simple crime", regardless of your beliefs. There is no simple crime. Breaking a law is a crime and that person is a criminal. It means nothing as far as your character now, but your beneficiary needs to know. This is their way of closing that loop.

Thanks Baron

I understand it now.. It is not for the purpose of denial but just informing to cover themselves in case I did not inform her of this. Along with as you say being honest about it to them on the Inital application form...

From my understanding, as long as you do not have anything pertaining to the Adam Walsh act in your criminal background you should be fine as far as NoA2's go ( I may be wrong) All other criminal records will be disclosed to your beneficiary come interview time.

[katraska78 6]

You absolutelly NEED to send the originals of the court and police records to avoid a RFE. It is not a cause of denial. Many people in your situation had been approved. God Bless.