Drug Possession Charge...

[Rebecca Jo 1,962]

Ok, once again i will say that i did not contact my congresswoman for special favors, i simply asked her immigration aid for advice... that is all.

For those who have offered information to me, I am highly grateful for you. Jim, you are an honest, intelligent, resourceful man and I thank you for the information that you have provided.

I have been researching this topic for over a month now and our next course of action will be for him to attempt to have the conviction expunged from his record. That will be the only way for him to get here.

But all legalities aside, I would like to address those who seem to enjoy jabbing me with remarks such as telling me to pack my bags and get out or he does not deserve to come to the US...

I am a mother of 2 and a teacher. That is how i met Conway. I was teaching in South Africa. we spent a lot of time together in a close setting and when that happens, you can really get to know someone, very well. I would not be fighting for him if i felt he was not worth it.

I feel like some of you gave "advice" with some pretty harsh jabs when you dont even know who we are. He messed up, period. and he is doing what he can to rectify that mistake. I know this does not mean he should get in the states but that does not mean that you have to be so cruel in delivering information.

I also teach my children the consequences of their actions, but i also teach my children compassion. It means a great deal to me that my children embrace all that succeed and suffer, most importantly those that suffer.

Once again, thank you for those that gave me advice on the law. It really helped and i hope that a guest reading this topic can learn a great deal about the law as well as the human spirit...

If you want to satisfy yourself that you have explored every avenue available, my advice would be to consult with an immigration attorney who has experience with waivers. Many members here have consulted with Laurel Scott. You can Google her and link eventually to information regarding web chats that she conducts.

You should also peruse immigrate2us.net, which has a large internet community of persons filing for a waiver.

I would suggest you do all this before going any further, including any steps to expunge his record. He still has to admit to the crime, even if it is removed from his record. The US does not recognize the practice of crimes being "forgiven" or "spent" in foreign countries.

[Gevalicious 2]

Your fiance will likely have a very hard time getting a K1 visa. Here is an article with more information about drug convictions and drug use related to the K1 visa that might explain things a bit better. At the end of the day you may consider abandoning the K1, get married, and then apply for an immigrant visa. There are waivers available for these types of things for immigrant visas which are not available for non-immigrant visa such as the K1.

Phil is right, better to get married and apply for a married visa. I know one thai girl who was caught by a police 15 years ago for just a little of E drug and it is in the record (forever) , she couldnt get K1 and they told her in here INTERVIEW, her fiance has been with her there all the time and they hired,paid a lot for lawyer(but it is still impossible)

If you tend to fight,better to go to the POSSIBLE way where there are more OPTIONS not just go to the same way that you know NO way to go tho.

sorry for my bad English,but i wish you all the best.

[JimVaPhuong 4,863]

Your fiance will likely have a very hard time getting a K1 visa. Here is an article with more information about drug convictions and drug use related to the K1 visa that might explain things a bit better. At the end of the day you may consider abandoning the K1, get married, and then apply for an immigrant visa. There are waivers available for these types of things for immigrant visas which are not available for non-immigrant visa such as the K1.

With all due respect, counselor, the OP's fiance didn't merely admit to drug use during the medical - he was convicted of possession. He isn't inadmissible under 212(a)(1)(A)(iv) - a drug abuser - he's inadmissible under 212(a)(2)(A)(i)(II) - convicted of a controlled substance crime. Further, the controlled substance was cocaine, so he isn't waiver eligible under 212(h). If there's a waiver available to the spouse of a US citizen that isn't available to the fiance of a US citizen, please tell us about it.

[Gary and Alla 3,694]

With all due respect, counselor, the OP's fiance didn't merely admit to drug use during the medical - he was convicted of possession. He isn't inadmissible under 212(a)(1)(A)(iv) - a drug abuser - he's inadmissible under 212(a)(2)(A)(i)(II) - convicted of a controlled substance crime. Further, the controlled substance was cocaine, so he isn't waiver eligible under 212(h). If there's a waiver available to the spouse of a US citizen that isn't available to the fiance of a US citizen, please tell us about it.

Thank you Jim. As I mentioned to the OP earlier, there is no shortage of attorneys that will give the OP false hope at $200 per hour. There is also no shortage of attorneys that do not comprehend immigration law but have to problem collecting fees for it.

An honest and knowledgeable attorney in this matter will advise the OP to pack her bags and move to SA with her fiance.