K1 Visa with Prior Drug Conviction

[sommai 0]

I am in the final process of applying for a K1 visa for my Thai fiance, submitting the final paperwork in order to have an interview scheduled at the Embassy in BKK. However, I have just found out about a prior drug conviction that my fiance was too ashamed to tell me about. This all happened about 18 years ago when she was around 18 years old. I don't know the exact details, but something along the lines of her then boyfriend getting into trouble with drugs (I think Amphetamines) and her getting mixed up in it. She was convicted to 10 years in prison and ended up serving 7 before being pardoned by the King. She was convinced that the pardon meant it would no longer be on her record, but I am not so sure. She needs to go to Bangkok to receive the criminal history report from the Royal Thai Police station, and I am worried about what it will say. From what I have researched, such a criminal offense automatically makes her ineligible no matter how long ago it occurred.

 

We have been together for over 9 years and have a three year old child together (who has a US Passport and Social Security Number already). My fiance has never done any drugs since I have known her and has never been arrested for any other crime. Now I find myself in a situation where I am forced to move back to the USA for work / financial reasons and I don't want to break up my family. If I go back but my fiance were to remain in Thailand, that would be a major hardship for my child who would be forced to grow up with only one parent. Is this something that the Embassy would consider, or is it just an automatic denial with no chance of appeal?

 

We will be going to BKK to apply for the criminal background check and see what it says before making any decisions whether to proceed with the Visa application or not. However, in the mean time, I was wondering if anyone had any insight or similar experience and what was the result.

 

Thank you for any advice.

[Jojo92122 1,924]

A pardon does not matter for US immigration.  The arrest and criminal conviction must be reported on her visa application.  Drug offenses carry a lifetime ban with the only exception being possessing less than 30 grams of marijuana.  Since your fiancee's drug conviction is for amphetamines, then she is permanently inadmissible and can not file for a waiver.  The bottom line is that she will never qualify for a US visa.

 

Having a US citizen child does not change anything.

 

Sorry.

 

http://www.alllaw.com/articles/nolo/us-immigration/applying-for-work-visa-with-criminal-record.html

Edited April 27, 2017 by Jojo92122

[A'n'L 735]

Even if it is not on her police record, she would have to disclose previous drug use on her medical exam. US immigration judges drug use very strictly. If you want your family to stay together, you might be looking at relocating to Thailand or a third country.

[NigeriaorBust 4,087]

  There is a very specific question she has to answer about being arrested/convicted.   From the length of the sentence it sounds like a for sale conviction vs personal use.   There is no waiver.

[sommai 0]

Thanks for all the responses, although not what I wanted to hear. I guess my son will need to learn and Skype with his Mom in the mean time until our situation changes. I appreciate everyone taking the time.