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Witherwings

CRAP! should we prepare for RFE?

By Witherwings in K-1 Fiance(e) Visa Process & Procedures

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Witherwings Explorer

Witherwings   2

Posted
Filed: K-1 Visa Country: Canada
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My fiance the USC has 1 felony conviction in drug trafficking. i was told that on the i129f by an immigration lawyer that the term "trafficking" applied only to HUMAN TRAFFICKING.

now i think were in trouble, seeing as we did not state that he had one drug charge in his past.

was the lawyer correct? or should we prepare for RFE? or will our petition be automatically denied??

im kind of freaking out right now, and i hope all will be well.

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d60yv4kpg.png

12/15/2011 - last time baby & I saw her Papi

01/30/2012 - Denied entry into US

02/27/2012 - i129f sent to Dallas lockbox

02/28/2012 - i129f delivered

03/05/2012 - NOA1 email received

03/08/2012 - NOA1 hardcopy received

09/11/2012 - NOA2 email recieved

02/28/2013 - Montreal Interview -- APPROVED!!!!!

04/03/2013 - POE date!!

05/25/2013- wedding day!! <3

06/10/2013 - AOS mailed

06/10/2013 - NOA

09/09/2013 - biometrics appointment

09/16/2013 - RFE ( joint sponsor tax return issue)

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feli114 Proficient

feli114   65

Posted
Filed: Citizen (pnd) Country: Nigeria
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Posted

I believe it asks if you have more than 3 convictions

08/01/12-Married08/17/12-Applied for Social Security Card09/23/12-Husband received his Social Security card!09/27/12-Filed AOS09/28/12-AOS package received10/01/12-Text message from USCIS10/03/12-Check cashed10/09/12-NOA1 for I485,I765,I131 AND Biometrics Appointment Letter10/24/12-Biometrics Appointment12/11/12-EAD and AP Approved-75 days12/14/12-EAD/AP Card Production ordered12/21/12-EAD/AP Card came in the mail06/22/13-Green Card Approved06/27/13-Greed Card Production Ordered06/29/13-Green Card came in the mail<p>

04/09/15-Mailed ROC

04/10/2015-Package received

04/14/2015-Check cashed

06/02/2015-Called Service Center (still no NOA1) Service request found out wrong address on paperwork! :(

06/03/2015-Called to get address updated Ar11 online add change didnt work-got infopass for June 10th

06/10/2015-Went to info pass appt. Hubby got a 1yr. Extension stamp in his passport and biometrics done

08/12/2015-ROC Approved. Got letter in the mail.

08/29/2015-received new card in the mail.

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Witherwings Explorer

Witherwings   2

Posted
Filed: K-1 Visa Country: Canada
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this is the problem with the long wait for the NOA2... i cant stop thinking about every possible thing that could go wrong. and it sucks!

i know it asks if 3 or more drug possessions, but another paragraph just stated "trafficking" and i was told it applied only to human trafficking and now im second guessing that!

event.png

d60yv4kpg.png

12/15/2011 - last time baby & I saw her Papi

01/30/2012 - Denied entry into US

02/27/2012 - i129f sent to Dallas lockbox

02/28/2012 - i129f delivered

03/05/2012 - NOA1 email received

03/08/2012 - NOA1 hardcopy received

09/11/2012 - NOA2 email recieved

02/28/2013 - Montreal Interview -- APPROVED!!!!!

04/03/2013 - POE date!!

05/25/2013- wedding day!! <3

06/10/2013 - AOS mailed

06/10/2013 - NOA

09/09/2013 - biometrics appointment

09/16/2013 - RFE ( joint sponsor tax return issue)

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Ninja & Mouse Rookie

Ninja & Mouse   1

Posted
Filed: K-1 Visa Country: Romania
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this is the problem with the long wait for the NOA2... i cant stop thinking about every possible thing that could go wrong. and it sucks!

i know it asks if 3 or more drug possessions, but another paragraph just stated "trafficking" and i was told it applied only to human trafficking and now im second guessing that!

Stop second guessing, your making me start to freak out. I have two (one more, and I'd have to check that dreaded little box) drug related convictions and one of them is similar to what your fiance has. The lawyer said that "trafficking" is relating to human trafficking. Your fiance has only ONE conviction related to controlled substance. Correct? Your fiance will be approved, just as I will be approved. I meticulously followed the instructions on how to fill out the i-129f and i am sure your husband did the same as well. I got my certified police reports and all the certified court documents before hand, just in case. At first I was debating if I should just send them in along with the -129f packet. I came up with three reason not to 1. it said... check the box only if i had THREE OR MORE convictions relating to controlled substance (i only have two) 2. Im following their directions,crossing the Ts and dotting the i's, if I'd had checked off the box or send in the material when i wasn't asked to, that would only delay the process and give the official more paperwork 3. Don't tell on yourself if you don't need to.

Just have the certified court papers and police record for his conviction ready just in case they ask for it. We WILL get a approval...it will just take awhile if that RFE is requested.

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Witherwings Explorer

Witherwings   2

Posted
Filed: K-1 Visa Country: Canada
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Posted
Stop second guessing, your making me start to freak out. I have two (one more, and I'd have to check that dreaded little box) drug related convictions and one of them is similar to what your fiance has. The lawyer said that "trafficking" is relating to human trafficking. Your fiance has only ONE conviction related to controlled substance. Correct? Your fiance will be approved, just as I will be approved. I meticulously followed the instructions on how to fill out the i-129f and i am sure your husband did the same as well. I got my certified police reports and all the certified court documents before hand, just in case. At first I was debating if I should just send them in along with the -129f packet. I came up with three reason not to 1. it said... check the box only if i had THREE OR MORE convictions relating to controlled substance (i only have two) 2. Im following their directions,crossing the Ts and dotting the i's, if I'd had checked off the box or send in the material when i wasn't asked to, that would only delay the process and give the official more paperwork 3. Don't tell on yourself if you don't need to.

Just have the certified court papers and police record for his conviction ready just in case they ask for it. We WILL get a approval...it will just take awhile if that RFE is requested.

thanks so much for that reply. its exactly what i needed to hear!

i think i need to take up knitting or some other hobby to keep myself busy whenever i start to think too much into this stuff!

he hasnt gottn the court/police records yet but ill tell him to just incase an RFE for that stuff that way the delay wont be longer than necessary.

event.png

d60yv4kpg.png

12/15/2011 - last time baby & I saw her Papi

01/30/2012 - Denied entry into US

02/27/2012 - i129f sent to Dallas lockbox

02/28/2012 - i129f delivered

03/05/2012 - NOA1 email received

03/08/2012 - NOA1 hardcopy received

09/11/2012 - NOA2 email recieved

02/28/2013 - Montreal Interview -- APPROVED!!!!!

04/03/2013 - POE date!!

05/25/2013- wedding day!! <3

06/10/2013 - AOS mailed

06/10/2013 - NOA

09/09/2013 - biometrics appointment

09/16/2013 - RFE ( joint sponsor tax return issue)

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