several felony convictions (merged threads)

[lala64 93]

Hi guys I have not received any news on my application status could my old felony charges be holding my application up. I haven't received an rfe and is been 6 weeks since it was received. I'm at CSC and noticed they have slowed down a bit. Should I be worried? If they deny can I appeal then provide police documents. I didn't send any or should I just go for the CR1

[lala64 93]

If application is denied can I appeal and how long does an appeal take. .cost etc. .I have previous felony drug possessions and I'm worried.

[Hypnos 6,576]

Yes, it's possible, depending on the nature of your convictions.

[Boiler 45,519]

Are you the petitioner or the beneficiary.

[lala64 93]

Yes I am the USC

Yes I am the USC

[lala64 93]

^{2 drug possesions and 1 attempted sales of narcotics 8 15 and 26 years ago}

[mallafri76 1,012]

Not sure for the K-1 visa but for the CR/IR-1 visa (spousal visa), the USC's criminal history doesn't matter unless it's for sexual offences or human trafficking. My husband is currently serving time in federal prison and we had our I-130 petition approved without issue.

[Hypnos 6,576]

You will probably need a waiver.

[mallafri76 1,012]

They won't deny you based on your drug convictions. My husband and I originally looked at the K-1 visa but then opted for the CR/IR-1 visa, but not due to his conviction though. As far as I remember, there was a box to tick on the form if you have three or more drug convictions. You should've also sent in court and police records for these convictions. If you didn't do that, you're probably getting an RFE soon.

[mallafri76 1,012]

I don't know how long the K-1 petition takes but to me, six weeks doesn't sound that long. When doing the CR/IR-1 visa, the petition takes about 5 to 6 months and that's without an RFE. So just be patient, even though it's hard, I'm sure you'll hear something soon, although it'll probably be an RFE for your court records. FYI, you don't need to include any police certs or court records of the USC when doing the CR-1 visa.

[Shauneg 762]

There's some that's been waiting 8 months...

[Hypnos 6,576]

They won't deny the petition for the drug convictions, but the embassy will likely deny the visa because of them.

At that point you would need to file an I-601 waiver, although I believe some drug-related crimes are a lifetime bar for which there is no waiver.

[mallafri76 1,012]

They won't deny the petition for the drug convictions, but the embassy will likely deny the visa because of them.

At that point you would need to file an I-601 waiver, although I believe some drug-related crimes are a lifetime bar for which there is no waiver.

Actually that's incorrect. There are several people on visa journey as well as others I know who have been approved for a K-1 and CR/IR-1 despite drug convictions. You don't need a waiver for that. It's not nice to scare people like that unless you know for certain that what you're saying is correct.

[NigeriaorBust 4,087]

How much drugs did you have during each conviction and what kind of drugs. It makes a huge difference about the amount and type

[Pitaya 2,577]

For the correct info on the USC petitioner reporting requirements for crimes related to alcohol or controlled substances, please refer to page 3 of the I-129F instructions: http://www.uscis.gov/sites/default/files/files/form/i-129finstr.pdf