K1 Visa i-129f Remarks say inadmissible

[a.lu 2]

First off, I hope this is the right place to post my concern... if it's not, I'm sorry! I've tried searching on the forums for similar situations, but perhaps I need some guidance.

My fiance (petitioner) and I (beneficiary) filed for our K1 Visa early February 2016; on June 1st I received the package from the Embassy that attached the packet 3 letter, copy of the approved I-129F, and pamphlet "Rights..." So between February and May, my fiance and I assumed we were approved since we were issued a WAC number, & then a case number.

Upon looking over the copy of our petition, under Remarks it says, "Inadmissible- issue possession of .02 lbs marijuana" (about 9 grams) Now here I will tell a quick story... in 2010 my friend and I went to the United States to promote a LA band on Warped Tour for the summer. Tour started in California, after a few days drove to Arizona, and from Arizona we drove to Texas. The driver, who was sort of our manager (lives in la & has medical marijuana card), lied to the Texas Border Patrol cops that there were no drugs... he had the marijuana in his lap top bag, we got brought in and we were detained for 8 hours. I never had the drug in my bag, nor did I have to pay anything when we got out. I honestly didn't think it was a big deal at the time though.

I'm just a bit confused and stressing over this. Should I be worried that it says inadmissible (even though the person wrote it as "Inadmissibily") like do I need to do an I-601 waiver? My Canadian police records is completely clean on the other hand. I'd like to add that in 2012 I had a student visa and went to university in Florida for 2 years; I graduated with the highest GPA in my grad class, and came back to Canada before my student visa expired.

Thanks for your time for reading this, and helping if anyone can!

Here's a link to my timeline: http://www.visajourney.com/timeline/profile.php?id=229905

Edited June 5, 2016 by a.lu

[Harpa Timsah 13,258]

Getting a case number does not mean you are approved, or will be. Everyone gets a case number and an interview, so it is in no way an indication of a positive outcome.

But, if you were not charged and you did not have the drugs yourself, I wouldn't worry about it too much. It seems like you will be discussing this in your interview, however. Clearly your name was mentioned in the report that the border patrol filed.

And, of course your CA police cert does not have this on it; it occurred in the US. Your Canadian police cert is only for crimes in Canada.

[canadian_wife 1,822]

Did you ever have anything written in your passport while you were detained? What about other crossings into the U.S., any problems there?

I agree with Harpa, but be prepared to discuss it openly.

Your Canadian police certificate would obviously be clean since the crime happened in the U.S. I am sure their independent background checks found this.

Good luck

[a.lu 2]

Getting a case number does not mean you are approved, or will be. Everyone gets a case number and an interview, so it is in no way an indication of a positive outcome.

But, if you were not charged and you did not have the drugs yourself, I wouldn't worry about it too much. It seems like you will be discussing this in your interview, however. Clearly your name was mentioned in the report that the border patrol filed.

And, of course your CA police cert does not have this on it; it occurred in the US. Your Canadian police cert is only for crimes in Canada.

Thanks for replying Harpa Timsah! Oh I actually didn't know that everyone gets a case number & interview. Would a positive outcome would be after the interview then?

Yeah, I'm ready to tell the interviewer the entire story whenever there is an interview date.

[a.lu 2]

Did you ever have anything written in your passport while you were detained? What about other crossings into the U.S., any problems there?

I agree with Harpa, but be prepared to discuss it openly.

Your Canadian police certificate would obviously be clean since the crime happened in the U.S. I am sure their independent background checks found this.

Good luck

Hi Canadian wife! I don't remember if there was anything written in that passport since it was in 2010, my passport then has been expired (also it was a bit water damaged PREVIOUSLY from being in Thailand). I got a new passport in 2014 and my previous one was never returned because I had to apply for a new one rather than renew. I never had any problems crossing into the US.

Thanks for your help and reply, I truly appreciate it!

[kris&me 572]

Were you the driver of the car or was this car (even if a rental) in your name?

In most states they consider the driver responsible for what is in the car

You were detained and there could be a report

If you left that state too fast, you could find out later you were suppose to have a court date and missed it

Check this out carefully

i see in reports that many people find out later they had a court date they did not know about and it comes back to haunt them

It sounds like a background check from USCIS shows up as police report as it says inadmissable

Edited June 5, 2016 by kris&me

[Penguin_ie 5,993]

Yes it is the CO (consular officer) at the interview that makes the decision on visa approval or not.

Were you considered "arrested" at any time? Did you sign anything?

[NikLR 13,227]

You book your own interview with K1. You send them packet 3, get packet 4, book an interview and medical.

I assume you got NOA2? A MTL case number? Anything?

Or just a letter from Montreal saying you were inadmissible?

[a.lu 2]

Were you the driver of the car or was this car (even if a rental) in your name?

In most states they consider the driver responsible for what is in the car

You were detained and there could be a report

If you left that state too fast, you could find out later you were suppose to have a court date and missed it

Check this out carefully

i see in reports that many people find out later they had a court date they did not know about and it comes back to haunt them

It sounds like a background check from USCIS shows up as police report as it says inadmissable

Hello Kris&me!

I was not allowed to drive the sprinter van at all, and I don't think at all it was in my name... (honestly barely knew the people we were with. The driver/manager was roommates with the lead singer of the band we were promoting, the other guy was a friend of some of the band members. Then there was my Canadian friend who got us this promoting job.)

Yeah, the driver/manager was the one who paid the fine.

I'm trying to remember if we did finger prints or not, but I do remember getting a full clothed body search. There were no "mug shot" photos taken either. The border patrol man who was processing me and my friend were saying things like, "ohh you girls might get deported back to Canadia (yes he said it like that)" and would laugh. After being released, they gave us back our electronics and belongings and let us on our way to go along with the tour. We were still in Texas for a few shows. I didn't have a temporary American address, so how would I have known if there was an issued court date . How would you suggest I check this out? I was actually thinking of contacting the via email or calling US customs & border patrol.

Thank you for replying!!

[a.lu 2]

Yes it is the CO (consular officer) at the interview that makes the decision on visa approval or not.

Were you considered "arrested" at any time? Did you sign anything?

Hi Penguin!! Thank you for that information Is there a difference between being detained and arrested? I'm sure I signed something at the time at the border patrol, some parts are hazy since it happened in 2010 late at night :\

You book your own interview with K1. You send them packet 3, get packet 4, book an interview and medical.

I assume you got NOA2? A MTL case number? Anything?

Or just a letter from Montreal saying you were inadmissible?

Thanks NLR! Yes I got NOA2, and a MTL case number (wish it was VANCOUVER though ) I should be doing the D160 form about next week I hope.

[NikLR 13,227]

Vancouver doesnt do K1 interviews anymore.

Send the packet 3 back to Montreal to get your packet 4. And get unhazy about that night as much as you can. It's important.

[Rc123rc 528]

If this was me, I would get as many of the facts straight as I could for the interview. Contact as many people you can and find out pieces of missing information as to whether the van was in your name, were you actually arrested, etc. Going to an interview with information not related to the facts about why inadmissible (College GPA, band on tour, etc) and hazy answers is not going to help your case. Nice story to tell while having a few beers but Interviewing Officers are busy people and they need to make critical decisions to your case. I know I am coming across a bit mean here but I just think you need to focus on what the others said before me for you best chances. Open ended questions about your situation may just get you a denial or prolonged approval.

Edited June 5, 2016 by rcripps

[Harpa Timsah 13,258]

Hi Penguin!! Thank you for that information Is there a difference between being detained and arrested? I'm sure I signed something at the time at the border patrol, some parts are hazy since it happened in 2010 late at night :\

Okay, the fact that you signed something could be a big deal, and it was left out of your initial explanation. So that may change the advice. It's time to figure out what happened.

[Penguin_ie 5,993]

6 years ago is not that long ago. I agree with trying to remember what you can, check old folders to see if you have any papers left, contact people who were there etc. You could also try contacting the local police station and court house of where this happened to see if they have any records, but I am not sure they could release such....

[johnnyenglish 2]

Okay, the fact that you signed something could be a big deal, and it was left out of your initial explanation. So that may change the advice. It's time to figure out what happened.

Hello Kris&me!

I was not allowed to drive the sprinter van at all, and I don't think at all it was in my name... (honestly barely knew the people we were with. The driver/manager was roommates with the lead singer of the band we were promoting, the other guy was a friend of some of the band members. Then there was my Canadian friend who got us this promoting job.)

Yeah, the driver/manager was the one who paid the fine.

I'm trying to remember if we did finger prints or not, but I do remember getting a full clothed body search. There were no "mug shot" photos taken either. The border patrol man who was processing me and my friend were saying things like, "ohh you girls might get deported back to Canadia (yes he said it like that)" and would laugh. After being released, they gave us back our electronics and belongings and let us on our way to go along with the tour. We were still in Texas for a few shows. I didn't have a temporary American address, so how would I have known if there was an issued court date . How would you suggest I check this out? I was actually thinking of contacting the via email or calling US customs & border patrol.

Thank you for replying!!

I am guessing the manager/driver didn't admit to the marijuana being his therefore all of you were taken for questioning and charged. Someone has to admit to the drugs being theirs otherwise everybody is arrested. Thats how the NYPD does it or at least did it until they started issuing summons in lieu of arrest for a small amount of marijuana. You were most likely fingerprinted and the arrest showed along with the charge to the consul officer.

I think you might also have another potential violation that is if you earned money thru shows/concerts while not on an appropriate visa.