Granted a B-2 with no issues, will I be eligible for the K-1

[AdviceNeeded0 0]

Hey everyone,

I posted a few days ago about how I had a marijuana pre trial dismissal (through a deferred prosecution) whilst studying in Colorado last year (I was not 21 and near to someone who legally had the drug so they assumed that we may have had some... Stupid situation)

I mentioned all of this when applying for a B-2 visa in November and I was luckily granted it with no issue (They just needed to see a dismissal or arrest record which I provided the next day).

I have been given advice in my other post but I'm wondering if I'd be eligible for a K-1 under the same circumstances of a charge which was dismissed! I'm planing on applying for a k1 with my girlfriend in the next year.

Any advice would be great! I entered the US in December under the B-2 without any issues

[Darnell 8,478]

for the charge, I _think_ it's the same stuff for adjudication on the 2 visa types.

[aaron2020 11,651]

People have reported getting denial for fiancée and spousal visas for dmitting using MJ many years in the past with no current usage. Usually, a 1 year ban with drug testing.

Since you are in the US, you may want to just get marry and adjust status. They can't ban you if you're already here.

Edited January 11, 2016 by aaron2020

[Boiler 45,659]

People have reported getting denial for fiancée and spousal visas for dmitting using MJ many years in the past with no current usage. Usually, a 1 year ban with drug testing.

Since you are in the US, you may want to just get marry and adjust status. They can't ban you if you're already here.

Agree

[AdviceNeeded0 0]

I'm actually back in the UK (went out on a vacation)

I haven't ever used drugs and if I did a test I would be clean but am worried how a dismissed charge with no plea or finding of guilt would affect me when applying for a K1 in the future?

[Boiler 45,659]

Unlikely but no way of knowing for certain.

[aaron2020 11,651]

I'm actually back in the UK (went out on a vacation)

I haven't ever used drugs and if I did a test I would be clean but am worried how a dismissed charge with no plea or finding of guilt would affect me when applying for a K1 in the future?

Yes, it can affect you. You could get a denial, 1 year ban, and drug tests for a year.

The people that got 1 year bans admitted so at their medical exams. No arrests or citations. You have been either arrested or cited before the dismissal, so your situation is worse than theirs IMHO.

Edited January 11, 2016 by aaron2020

[AdviceNeeded0 0]

When I got my B-2 I got it without any trouble which surprised me, do you think since I got this that its a positive sign for the matter as a whole?

[aaron2020 11,651]

When I got my B-2 I got it without any trouble which surprised me, do you think since I got this that its a positive sign for the matter as a whole?

No.

[jan22 3,056]

People have reported getting denial for fiancée and spousal visas for dmitting using MJ many years in the past with no current usage. Usually, a 1 year ban with drug testing.

Since you are in the US, you may want to just get marry and adjust status. They can't ban you if you're already here.

But in the other thread, he emphasized that he had not at the time nor any other time used marijuana.

Edited January 11, 2016 by jan22

[aaron2020 11,651]

But in the other thread, he emphasized that he had not at the time nor any other time used marijuana.

What is your point? Him saying that he never used MJ is meaningless when he was arrested or cited for MJ.

He was arrested or cited for the MJ. He has to disclose this for the K-1. It doesn't matter that he never used it. He has an arrest or citation for it which he must disclose. The dismissal does not matter.

How many MJ users do you think actually admits to past use knowing that it's an automatic denial and 1 year ban with drug testings? It's only the honest or ignorant that admits to past usage of MJ.

[AdviceNeeded0 0]

I will 100% declare it as I did for the B-2. I'm 100% honest about what happened, I just came here to see if I could get any more advice on the topic.

I wasn't found inadmissible when declaring this when getting my B-2, I was wondering if there were any new conditions that could cause me issues when applying for a K-1 when declaring this again

[Boiler 45,659]

B2 is a non immigrant visa, K1 is adjudged as an Immigrant visa. Chalk and Cheese.

[jan22 3,056]

What is your point? Him saying that he never used MJ is meaningless when he was arrested or cited for MJ.

He was arrested or cited for the MJ. He has to disclose this for the K-1. It doesn't matter that he never used it. He has an arrest or citation for it which he must disclose. The dismissal does not matter.

How many MJ users do you think actually admits to past use knowing that it's an automatic denial and 1 year ban with drug testings? It's only the honest or ignorant that admits to past usage of MJ.

My point -- as you somewhat rudely ask -- is that he had said he had never used marijuana and that the citaion was dismissed -- which means he likely does NOT have to disclose it, since the questions are about arrestts and convictions. However, he gets bonus points for having already disclosed it during the B visa interview -- where it was decided that he was not ineligible under 212(a)(1), which has the same standards for K as it does for B. He was one of the honest ones and should continue to be....but my point is that is whould not affect the K any more than it did the B.

Edited January 12, 2016 by jan22

[aaron2020 11,651]

My point -- as you somewhat rudely ask -- is that he had said he had never used marijuana and that the citaion was dismissed -- which means he likely does NOT have to disclose it, since the questions are about arrestts and convictions. However, he gets bonus points for having already disclosed it during the B visa interview -- where it was decided that he was not ineligible under 212(a)(1), which has the same standards for K as it does for B. He was one of the honest ones and should continue to be....but my point is that is whould not affect the K any more than it did the B.

What do you think happens before a criminal case is dismissed? Uhmmm......an arrest. He has to disclose this. You are completely wrong for saying he does NOT have to disclose it.