k1 visa with DISMISSED petty misdemeanor marijuana charge

[cgl5915 3]

Hello all,

Hoping to get an answer here. I have scoured the threads and cant seem to find the specific answer to my problem. 3 years ago this month I got a DWI. It was my first offense. I have not gotten one since. So to be clear, I Have ONE DWI charge and it was a misdemeanor level charge. I know that this will not hold up my K1 visa petition. I'll be sending in the petition for approval in December. I'm engaged to be married to my fiancée from the Philippines. HERE IS MY MAIN CONCERN...when I got the DWI I had a VERY small amount of marijuana in my pocket at the time and a "one hitter" or small pipe. When I went to do a background/criminal check on myself today I found this out(recommendation to do this on another thread). Had no idea it was even there. The charges are in a status of "DISMISSED" for both the possession and the paraphernalia charge. I remember getting the charges dropped when speaking with the attorney the day I had court 3 years ago. Is this going to be something that they will bring up to my fiancée during the interview? Will they ask her about it if it is dismissed and I was never actually charged? Will it hold anything up? I'll be honest I never said anything, because I didn't know that it was even there and I haven't even smoked since around that time. We leave what's in the past in the past. That's our agreement. IDK if this is something the interviewer at the Embassy will bring up to her? If it is I want to say something so she doesn't look like an idiot if asked. Hoping for some insight. Please help! Thanks!

[EM_Vandaveer 2,408]

Better come clean with your fiancée about this just in case in comes up at the interview.

Edited October 26, 2016 by EM_Vandaveer

[LionessDeon 2,060]

The embassy may very well ask her if she knows about this. Tell her so ahe is not taken by surprise.

[Ash.1101 1,756]

If you send them any court documents, they can ask the fiance about them.

There was a case in Montreal where a guy had multiple financial related court cases, some open, some still closed, that he included in the fiance application. She didn't know about any of it, until they asked her about it and told her that she was still approved (as what he did wasn't cause for a denial for safety reasons) but that she really needed to think about if this was really what she wanted to do.

While what's in the past is in the past is a fun though, your fiance is expected to know everything about you, the good and the bad. Ideally, if USCIS knows anything about you that your fiance doesn't know, you need to tell her before USCIS does.

[cgl5915 3]

they will actually bring up dismissed charges? I wasn't charged with a crime. im not trying to be dishonest. im going to tell her. I just don't want it to be some focal point of the interview or get my petition denied in the first place because of it. im sure it wouldn't. im just curious. thanks for your answers and suggestions!

[NuZayetsPogodi 117]

Just chiming in to agree with everyone else. You must tell your fiance. She deserves to know, and yes, the CO may ask about it. They've asked about pettier things.

[cgl5915 3]

why would I send court documents with? they can see anything anyways right?

[NuZayetsPogodi 117]

Yes, it can be brought up because it's on your record. If YOU found it, so will the US government. It sounds like the drug charge was dismissed but not the DWI. The CO may not bring up the drug charge, but what if he/she brings up the DWI? Frankly, I think that's more serious than having weed in your pocket.

they will actually bring up dismissed charges? I wasn't charged with a crime. im not trying to be dishonest. im going to tell her. I just don't want it to be some focal point of the interview or get my petition denied in the first place because of it. im sure it wouldn't. im just curious. thanks for your answers and suggestions!

[soulstriker 274]

did u declare this in the i129f petition? ull probably need to do so

[Ash.1101 1,756]

I'm assuming the DWI wasn't dropped. With that said, they can see it when they run a background check. It doesn't matter if it was dismissed or cleared, if they can see it, they can tell your fiance. NOTHING is secret to them. They assume if THEY know, your fiance SHOULD know. Nothing in the past is in the past with the government.


Note though, the I-129F doesn't ask for these unless the three charges (one DWI, one having weed, one having paraphernalia) are in seperate acts. This case, they're all in one act. One act caused all three charges, as far as I can tell. Now it could be skirting a fine line, while it says yes or no to having three charges total relating to alcohol or drugs on more than one act, it also says you have to disclose even ones that are cleared.

While TECHNICALLY all of your charges are in one single act, they still can look this up and find it and ask your fiance about it.


Do you have ANY other charges relating to drugs or alcohol?

[cgl5915 3]

She knows about the DWI. I never brought up the weed thing. Honestly I never thought about it. Thought the chargers were dropped and they were. Didn't realize they still show up on your record.

And I have never been in any other sort of trouble ever. First and only trouble minus speeding tickets. Maybe 5-6 speeding tix in 14 years

[SunflowerSweet 1,321]

She knows about the DWI. I never brought up the weed thing. Honestly I never thought about it. Thought the chargers were dropped and they were. Didn't realize they still show up on your record.

And I have never been in any other sort of trouble ever. First and only trouble minus speeding tickets. Maybe 5-6 speeding tix in 14 years

5-6? Not that speeding alone is an issue for immigration, but that seems like a lot.

[Rc123rc 528]

Tell it all to her. CO can usually find out many things and bring them up to see how well your fiance knows you for proof of relationship. What's past is in the past can cover many things and probably should be limited to past relationships but anything else your fiance should be aware of. DWI she knows about but you need to come clean on the weed and 5-6 speeding tickets. Personally? I'd like to know about my significant other's lack of judgement behind the wheel of a car. It's a safety concern.

[sfcscott 34]

The key word here is "Convictions" Where you charged? Maybe.......Were you convicted? No. I am sure they will run a background check on you and maybe those charges will show up, but you have not been convicted. I would however disclose these things to your fiancé as everyone else has express, in the event it does come up in the interview.

[Limey 551]

I'll be sending in the petition for approval in December. I'm engaged to be married to my fiancée from the Philippines.

If you are the US citizen, I'm not sure it matters at all. You aren't the one immigrating.You are here already. If your criminal record concerns things that might endanger her (ie violence against a previous partner) it would be relevant, but that isn't the case here. They are only concerned with the immigrant's police record.

It good of course that she knows about these things, as it might look like your relationship isn't so close/genuine if she doesn't.

Edited October 26, 2016 by Limey