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Filed: Country: United Kingdom
Timeline
Posted

Hello, 

 

Im in need of guidance and help from others that may have been in this situation previously. 

 

We have a immigration lawyer lawyer who is starting our K1 visa application this week. 

I really want to visit my fiancé in Texas next month with my 3 year old daughter and I cannot get an esta due to a possession of a small amount of marijuana charge back in 2001.

so ... I've done my DS-160 form online and have an appointment at the US London embassy for the 13th feb. I have my acro certificate and a letter from my local police to state that they no longer hold any records of the charge (regarding the weight of the marijuana.. which wasn't even a gram) 

 

has anyone ever ever been in this situation before? 

What other documents can I take to my interview?

would a letter from my immigration lawyer who's processing the K1 visa help to prove that I won't be staying for longer than a week as we are doing everything above board.

 

has anyone had a interview at the embassy for a visa to visit their fiancé while K1 is in process? 

 

Ive been trawling the internet and trying to stay as calm as possible as I get nervous quite easily.

 

 

 

 

 

 

 

Posted

No one will tell you exactly what your odd are.

Go and see.

K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

Posted

A k1 application means you have immigrant intent. It may make it difficult to obtain a B1, which is a tourist visa.

 

For those who can travel on VWP this isn't usually a problem (most have ESTA before starting k1, and it doesn't seem to check for k1s in the system), but in theory it would make a B1 unlikely. I guess you have nothing to lose by trying.

--- k1 visa ---
Texas Service Center (Abandon Hope All Ye Who Enter Here)
I-129F sent: 12 Aug 2014
I-129F NOA1: 15 Aug 2014
I-129F NOA2: 2 Mar 2015 (199 days from NOA1) **No RFEs!**
NVC Received: 19 Mar 2015
Case#, IIN, BIN assigned: 19 Mar 2015
NVC Left: 20 Mar 2015
Consultate Received: 23 Mar 2015
Package 3 Received: 26 Mar 2015
Medical: 10 Apr 2015
Packet 3 Sent: 10 Apr 2015
Packet 4 Received: 23 Apr 2015
Interview Date: 8 May 2015 (Approved!!!)
Visa Issued: 14 May 2015
Visa in Hand: 19 May 2015
Entry to USA: 5 Jun 2015
Married: 21 Jun 2015

---Adjustment of Status---
Sent I-485, I-131 and I-765: 7 Jul 2015
NOA1 for I-485, I-131 and I-765: 14 Jul 2015
Email notification that I-765 was approved: 12 Sep 2015
Email notification that I-131 was approved: 15 Sep 2015
Email notification that EAD/AP combo card was mailed: 15 Sep 2015
EAD and AP combo card received: 18 Sep 2015
Green Card Received: 3 Dec 2015 [ :)] Previous letter stated interview requirement was likely to be waived

 

---Removal of Conditions---
Sent I-751: 13 Oct 2017
NOA1 for I-751: 23 Oct 2017

Biometrics: 20 Nov 2017
Approved: 20 Dec 2018

Green Card Received: 2 Jan 2019

 

-- Citizenship --
Filed Online: 21 Feb 2020
NOA1 (Online): 22 Feb 2020
Biometrics: 10 Mar 2020

Interview: 29 Jul 2020 (Approved - Oath taken immediately due to covid19)

Filed: Country: United Kingdom
Timeline
Posted

Thank so for your reply limey 

 

unfortunately getting an esta isn't an option with my previous arrest and I have been told the only way I can visit him in the USA is if I apply for the b1/b2. 

 

Surly the fact that I'm applying for a K1 will hopefully be a good indicator to show that I don't intend on staying in the USA and it's only a visit as the last thing we want is to jeopardize the progression of our K1. 

 

Hopefully all will go well at the embassy in a few weeks and I can get to finally meet my inlaws & my daughter can meet my fiances son for the first time. 

 

 

Filed: K-1 Visa Country: Wales
Timeline
Posted

Depends if you need a waiver, waiver could take the same time as a K1.

 

Seem to recollect they need medical records, treatment undertaken etc. Devil is in the details.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: Other Country: Canada
Timeline
Posted
Just now, Boiler said:

Depends if you need a waiver, waiver could take the same time as a K1.

 

Seem to recollect they need medical records, treatment undertaken etc. Devil is in the details.

I agree with Boiler about the waiver.

 

as well no, a k1 filed doesn't really make a difference in regards to obtaining a b1/2.  Many are indeed denied as they show immigrant intent.

Filed: Country: United Kingdom
Timeline
Posted

ok thank you, do you know what time of medical information they may need as I'm getting all of my bits and bobs together before this appointment on the 13th and I could make an appointment for the Dr.

 

I know that I will need a waiver for the K1 and medicals etc but I wasn't aware about a medical for the b1/b2... do you think its a good idea if i call the visa helpline for more information?

Filed: Other Country: Canada
Timeline
Posted
Just now, jeaniejai said:

ok thank you, do you know what time of medical information they may need as I'm getting all of my bits and bobs together before this appointment on the 13th and I could make an appointment for the Dr.

 

I know that I will need a waiver for the K1 and medicals etc but I wasn't aware about a medical for the b1/b2... do you think its a good idea if i call the visa helpline for more information?

No medical for b1/2

Filed: Country: United Kingdom
Timeline
Posted

Hi transborderwife,

 

ok thank you, the waiver for the K1 will add extra time for the whole process but i don't mind as it will be worth it in the end.

 

its just a long process having to go to the embassy for the b1/b2 just to visit him out in the USA. I'm hoping its nice and straight forward.

 

I will update this thread once Ive been and know the outcome.

thanks again

Filed: Other Country: Canada
Timeline
Posted (edited)
Just now, jeaniejai said:

Hi transborderwife,

 

ok thank you, the waiver for the K1 will add extra time for the whole process but i don't mind as it will be worth it in the end.

 

its just a long process having to go to the embassy for the b1/b2 just to visit him out in the USA. I'm hoping its nice and straight forward.

 

I will update this thread once Ive been and know the outcome.

thanks again

Best of luck, I know it sucks being separated 

Edited by Transborderwife
Posted

Hi jeaniejai and welcome!

Just a heads up though, because I have read you were arrested for possession of marijuana; that could potentially delay the process by a year or more, as I've read that people confession to even minor use of weed (even in the past) got automatically banned for 1 year.start

 

If you didn't have a criminal record it would have been easier to "smooth things over", but you can't hide it obviously so you might want to already start collecting documents/proof that you are not using any drugs anymore and that you are in perfect physical and mental health :)

 

Good luck!

Filed: Country: United Kingdom
Timeline
Posted

The offense was 16 years ago and well I'm a 37 year old mother of a three year old ... hopefully i

can get a drug test or something to show I'm definitely not a user. I will also try and get character references from people I know and the pastor from the church I attend.

 

our immigration attorney advised the waiver will add an extra 5 months on to the whole K1 processing time.

 

i know they take into account time that has lapsed since the offense and amount of marijuana that was ok the persons possession, I believe it has to have been under 30g what was found was not even a gram so I'm praying that it will be taken into consideration. 

All I can do right now is pray for the best 

 
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