Posession of cannabis on police record

[The Vikings 0]

Ok, let's think about this a different way.

Let's say I enter the US on a visitor's visa, with no intent to marry. However, whilst there we realise that we do not want to be apart again and love each other so completely that we want to get married immediately. So, I propose (remember, we're not engaged in this hypothetical situation) and a week or so later we get married.

At this point, what's the score? Can I apply for AOS without having to leave the country first? You see where I'm going with this.

Thanks guys,

Carl & Alicia

[Joey559 1]

Ok, let's think about this a different way.

Let's say I enter the US on a visitor's visa, with no intent to marry. However, whilst there we realise that we do not want to be apart again and love each other so completely that we want to get married immediately. So, I propose (remember, we're not engaged in this hypothetical situation) and a week or so later we get married.

At this point, what's the score? Can I apply for AOS without having to leave the country first? You see where I'm going with this.

Thanks guys,

Carl & Alicia

Where you're going is toward asking us for advice on doing something illegally - you're showing intent right here. Sure, the AOS tourist to spouse route can be used but it's up to you to prove you had no intention. It's more hey, i'm in the country for a 3month stay or as a student and we just decided to get married. you show up for a week, they ask you at the POE do you have plans on marrying this person you're visitng you say no and in one week, visit and get married red flags are going to fly...and you still have to answer conviction questions. Why don't you just use the damm waiver???

[The Vikings 0]

Ok, let's think about this a different way.

Let's say I enter the US on a visitor's visa, with no intent to marry. However, whilst there we realise that we do not want to be apart again and love each other so completely that we want to get married immediately. So, I propose (remember, we're not engaged in this hypothetical situation) and a week or so later we get married.

At this point, what's the score? Can I apply for AOS without having to leave the country first? You see where I'm going with this.

Thanks guys,

Carl & Alicia

Where you're going is toward asking us for advice on doing something illegally - you're showing intent right here. Sure, the AOS tourist to spouse route can be used but it's up to you to prove you had no intention. It's more hey, i'm in the country for a 3month stay or as a student and we just decided to get married. you show up for a week, they ask you at the POE do you have plans on marrying this person you're visitng you say no and in one week, visit and get married red flags are going to fly...and you still have to answer conviction questions. Why don't you just use the damm waiver???

Why not just use the damn waiver? No reason. Just exploring all the options and it would appear that this is a non-starter. Having been a dumb-### 12 years ago and been caught commiting a crime, I have no intention of doing so again.

[rebeccajo 14]

.......... The would-be immigrant was roundly chastised at the consulate for not having declared a conviction on his I94W when he had previously entered the US. He didn't simply for two reasons - it wasn't a conviction (he had pled on advice of counsel) and because he knew it was a spent crime in the UK. In other words - he thought it just didn't matter anymore.

He still caught hell for it. It didn't play into his denial, because the charge was simply unwaiverable. I imagine it might play into a denial for someone with a waiverable crime.

.........

If he entered a plea of guilty then it most certainly was a conviction, however that is something of a moot point as the question on the I 94 is have you ever been arrested for or convicted off ............ I suspect he did know he was arrested even if he is too dumb to understand that pleading guilty to a criminal offence results in a conviction!

The question regarding the rehabilitation of offenders act is a much more interesting legal point concerning conflict of laws. If he completed the paperwork within UK jurisdiction then he was at liberty not to declare a spent conviction, Indeed there are a number of specific criminal offences for someone else to either disclose his conviction or procure a computer record pertaining to it. Despite what the US Government claims it has no right to make UK law null and void within the UK Now that moot point may well keep lawyers gainfully employed for a significant period of time however the US Government will always respond in its charmingly undiplomatic manner by saying "tough smelly brown stuff! Denied."

As per my previous post I believe the answer is a radical and sensible update of the whole immigration process including the ludicrous questions regarding membership of the Nazi party etc. Are any of them still alive?

You plead to a charge. Not a conviction.

And yeah - radical and sensible update - long overdue.

Edited January 23, 2007 by rebeccajo

[TracyTN 237]

Is there any way to file for a waiver in advance of an interview? I suspect not as one must first be turned down before appealing the refusal!

Many thanks and kind regards,

Carl

You're right - they have to deny it before you can appeal it (via the waiver).

But you can at least prepare your documentation for the waiver and have it with you the day of the interview. That way, at least there is not a delay in their denial and you starting the waiver.

Check out the waivers forum for what you'll need.

[The Vikings 0]

It would appear the statute says that 'narcotic drugs or marijuana' convictions cannot be overcome, however I was convicted of possession of Cannabis which is neither a narcotic (narcotics are opium-dreived) nor marijuana. Is this just a techincalilty that won't help?

[Mags 112]

It would appear the statute says that 'narcotic drugs or marijuana' convictions cannot be overcome, however I was convicted of possession of Cannabis which is neither a narcotic (narcotics are opium-dreived) nor marijuana. Is this just a techincalilty that won't help?

I think that you are clutching at straws to be honest. I think you to speak to a lawyer.

Wiki:

Cannabis is a genus of flowering plant that includes one or more species. The plant is believed to have originated in the mountainous regions just north-west of the Himalayas. It is also known as hemp, although this term usually refers to varieties of Cannabis cultivated for non-drug use. Cannabis plants produce a group of chemicals called cannabinoids which produce mental and physical effects when consumed. As a drug it usually comes in the form of dried flowers and leaves (marijuana), resin (hashish), or various extracts.[1]. In the early 20th century, it became illegal in most of the world to cultivate or possess Cannabis for drug purposes. Unlike ordinary nicotine cigarettes Cannabis is not addictive, although increased frequent use may cause a psychological addiction.

[The Vikings 0]

Yeah, I figured as much.

So much red tape, so little common sense.

[Dan+Nikki 0]

Ok, let's think about this a different way.

Let's say I enter the US on a visitor's visa, with no intent to marry. However, whilst there we realise that we do not want to be apart again and love each other so completely that we want to get married immediately. So, I propose (remember, we're not engaged in this hypothetical situation) and a week or so later we get married.

At this point, what's the score? Can I apply for AOS without having to leave the country first? You see where I'm going with this.

Thanks guys,

Carl & Alicia

I would do what you have to do to be together. Besides the 10-20 Million Illegal immigrants that have crossed the border thru Mexico never have had criminal background checks. I don't understand why the government would be so hard ### about a old marijuana charge. Especially when someone is trying to do the process the legit way. Thats my 2 cents worth and I'm sticking to it.

[Mags 112]

Ok, let's think about this a different way.

Let's say I enter the US on a visitor's visa, with no intent to marry. However, whilst there we realise that we do not want to be apart again and love each other so completely that we want to get married immediately. So, I propose (remember, we're not engaged in this hypothetical situation) and a week or so later we get married.

At this point, what's the score? Can I apply for AOS without having to leave the country first? You see where I'm going with this.

Thanks guys,

Carl & Alicia

I would do what you have to do to be together. Besides the 10-20 Million Illegal immigrants that have crossed the border thru Mexico never have had criminal background checks. I don't understand why the government would be so hard ### about a old marijuana charge. Especially when someone is trying to do the process the legit way. Thats my 2 cents worth and I'm sticking to it.

Considering this is a forum for LEGAL immigration it is a bit rank to encourage people to do it illegally IMO.

Yeah, I figured as much.

So much red tape, so little common sense.

Is there no way for your fiancee to immigrate to the UK instead?

[Dan+Nikki 0]

Ok, let's think about this a different way.

Let's say I enter the US on a visitor's visa, with no intent to marry. However, whilst there we realise that we do not want to be apart again and love each other so completely that we want to get married immediately. So, I propose (remember, we're not engaged in this hypothetical situation) and a week or so later we get married.

At this point, what's the score? Can I apply for AOS without having to leave the country first? You see where I'm going with this.

Thanks guys,

Carl & Alicia

I would do what you have to do to be together. Besides the 10-20 Million Illegal immigrants that have crossed the border thru Mexico never have had criminal background checks. I don't understand why the government would be so hard ### about a old marijuana charge. Especially when someone is trying to do the process the legit way. Thats my 2 cents worth and I'm sticking to it.

Considering this is a forum for LEGAL immigration it is a bit rank to encourage people to do it illegally IMO.

Yeah, I figured as much.

So much red tape, so little common sense.

Is there no way for your fiancé to immigrate to the UK instead?

I didn't say to do it illegally. There are other ways of immigrating without a K-1 Visa !!

[Mags 112]

Ok, let's think about this a different way.

Let's say I enter the US on a visitor's visa, with no intent to marry. However, whilst there we realise that we do not want to be apart again and love each other so completely that we want to get married immediately. So, I propose (remember, we're not engaged in this hypothetical situation) and a week or so later we get married.

At this point, what's the score? Can I apply for AOS without having to leave the country first? You see where I'm going with this.

Thanks guys,

Carl & Alicia

I would do what you have to do to be together. Besides the 10-20 Million Illegal immigrants that have crossed the border thru Mexico never have had criminal background checks. I don't understand why the government would be so hard ### about a old marijuana charge. Especially when someone is trying to do the process the legit way. Thats my 2 cents worth and I'm sticking to it.

Considering this is a forum for LEGAL immigration it is a bit rank to encourage people to do it illegally IMO.

Yeah, I figured as much.

So much red tape, so little common sense.

Is there no way for your fiancé to immigrate to the UK instead?

I didn't say to do it illegally. There are other ways of immigrating without a K-1 Visa !!

Considering you answered the post where the OP was suggesting doing it this way AND talking about illegals yourself, that is WHY your post was interpreted this way.

[DelcoCouple 1]

You plead to a charge. Not a conviction.

And yeah - radical and sensible update - long overdue.

You enter a plea to a charge. Upon entering a plea of guilty or upon being found guilty, you are at that point convicted of the charge. I am not trying to nit pick Becca. The reason I stress it is I think it is important that people who perhaps do not use English as their first language do not get confused on this point and perhaps erronously answer the question incorrectly.

A conviction occurs when the court had decided you are guilty of the offence. The method of that finding be it your plea, a juries decision or judges ruling matters not.

Do you think santa will bring us that update any time soon?

[rebeccajo 14]

You plead to a charge. Not a conviction.

And yeah - radical and sensible update - long overdue.

You enter a plea to a charge. Upon entering a plea of guilty or upon being found guilty, you are at that point convicted of the charge. I am not trying to nit pick Becca. The reason I stress it is I think it is important that people who perhaps do not use English as their first language do not get confused on this point and perhaps erronously answer the question incorrectly.

A conviction occurs when the court had decided you are guilty of the offence. The method of that finding be it your plea, a juries decision or judges ruling matters not.

Do you think santa will bring us that update any time soon?

OK, I'll split that one down the middle with you......*looks for hairbrush and splitter*

Santa hates me.............

[The Vikings 0]

I just thought I'd update this thread with the latest on our situation.

I applied to the UK Police for my Subject Access Request and received it a few days ago... I don't have any criminal convictions or arrests!!! You can imagine our relief at this news, we're over the moon and our K1 can now precede without a hitch!

At first I thought it strange that nothing is held on me, but after chatting to a policer office about it, we think we've come to a reasonable conclusion that makes sense:

- I was never arrested. I had my name taken by the police when they stopped me, but I was never taken to the police station, nor was I formally charged.

- I was never convicted of a crime. The situation was dealt with by way of a penalty fine, much like a speeding conviction.

Given these facts, it would appear that I'm in the clear and can honestly say that I've never been arrested or convicted of a crime Thanks for everyone's input on this matter, and for those that are in a similar situation I'd recommend applying for your Subject Access Request as soon as possible. You never know, it may just be good news.