My foriegn fiance has a criminal record

[caliliving 606]

Your native tongue is fine. as that is how you communicate and get along.

the "petty" drug offense is actually a felony for trafficking...at least it sounds like that..

i would suggest getting married and good luck getting a greencard... you need a REALLY good lawyer.. that is a very bad offense and the US does not want 'drug traffickers' in the country.

[confusedenthused 0]

Hello all--

I tried to edit this post but I can't figure out how. I just started using this forum.

Actually, my fiance was originally charged with a drug sales charge/not trafficking, I was mistaken-- but he told me last night that it was dropped down to simple possession--but two different substances, not just marijuana. I meant it was petty in that it was a very small amount, less than a gram if I remember correctly. I will be able to get details later. Since he is Indonesian, they have a different system than the US and they don't use the misdemeanor/felony system. Most drug charges, even possession, include prison time.

As far as what I can tell, he will not be eligible due to being found with another drug besides marijuana. Anyone ever have luck with a waiver for the K1 with a fiance who had a possession charge of a different drug besides marijuana?

My question about him speaking English well was regarding the interview. I've read that people can be denied if their language skills aren't good.

Re: living in Indonesia--there are only certain jobs open to foreigners since it is a developing country with a lot of unemployment and not enough work. They want to employ Indonesians first..makes sense.

I am not sure what other countries we could live in and which countries care about his charges. I will have to do some research.

Thank you all.

[caliliving 606]

use the search in the top right corner for similar situations and find a great immigration lawyer!!!

The speaking part comes from how you two communicate. If he cant speak english, and that is your only language than yes - the IO is going to wonder how you two communicate on a daily basis! If you can speak his language, and that is how you communicate, you should be ok.

good luck:)

[Boiler 46,276]

Anyone ever have luck with a waiver for the K1 with a fiance who had a possession charge of a different drug besides marijuana?

Never seen one, not waiverable.

[FarrahIdir 46]

So...people started talking about HIV, but this list says has a criminal record or is directly related to a known drug trafficker and may have consciously benefited from money resulting in the sale of narcotics.

No go is my guess.

I'd find out the exact charge in his country (which country?), but for charges in the US, they won't give a waiver if someone's been charged even with possession of, for instance, cocaine. Let alone selling it. I'm sorry that it looks like the K1 is a no go.

Regarding the OP's original question, language doesn't matter. The visa interview is conducted in the country's language.

yes, someone went off into hiv. Was trying to just go with it regardless. Lol had no bearing on the op's question but was just pointed out cause of my post I guess.

[southcoast 27]

Looks outdated.

Waivers are sent to the Lockbox and have for some time.

You are quite right about the place of filing, but the procedure is the same. She needs waiver of a criminal grounds which is found at subsection h. This waiver is not available to a fiancé because they are not included in the statute. This is why they issue a d3,and a provisional h, which will be allowed upon marriage. The filing place is outdated, but not the statute which hasn't changed since 1990. In any case, none of this nuance is applicable when she is engaged to someone who has been convicted of drug trafficking. There is no waiver, and so vacating the conviction is the only potential avenue of relief.

[Villanelle 4,122]

You are quite right about the place of filing, but the procedure is the same. She needs waiver of a criminal grounds which is found at subsection h. This waiver is not available to a fiancé because they are not included in the statute. This is why they issue a d3,and a provisional h, which will be allowed upon marriage. The filing place is outdated, but not the statute which hasn't changed since 1990. In any case, none of this nuance is applicable when she is engaged to someone who has been convicted of drug trafficking. There is no waiver, and so vacating the conviction is the only potential avenue of relief.

212 h is only for certain criminal grounds. Crimes of moral turpitude, prostitution, and a single offense of possession of 30 grams or less of marijuana. Thats it. There is no waiver for murder, torture, aggravated felonies or for violations of any other law regarding controlled substances. If you have differing information in an official link it would be appreciated as there are several current users on VJ dealing with drug charges/inadmissibility.

[southcoast 27]

212 h is only for certain criminal grounds. Crimes of moral turpitude, prostitution, and a single offense of possession of 30 grams or less of marijuana. Thats it. There is no waiver for murder, torture, aggravated felonies or for violations of any other law regarding controlled substances. If you have differing information in an official link it would be appreciated as there are several current users on VJ dealing with drug charges/inadmissibility.

No. I completely agree. We had strayed into a discussion as to whether any 212h waiver can be granted to a fiancé as opposed to a spouse. Your point was the same as mine which I had repeated several times. Specifically, that the discussion is academic because there is no waiver for a drug trafficker. An interesting note is that aggravated felonies are not grounds for exclusion, and in the case where it is also a CMT an h waiver can be used- unless it was after the person was admitted as a permanent resident. But drug crimes- No.

[verysadguy 170]

Drug offenses in Indonesia means the death penalty.