CR1 or K1? USC has a Marijuana Felony - is a lawyer needed?

[Red169 12]

Hi there! I hope I posted this in the right forum.

 

What is the process like for a USC with a marijuana felony wishing to file for their alien spouse?

I am hoping I can get some help from those of you whose USC spouses also had a drug felony and successfully filed their application.

 

 

We have met online a few years ago (not a dating website) and last year we met in person a few times while I was in the US (quite a few times for the weekend, and we also went on vacation together for a couple weeks). We are meeting again soon and we are going over our options. We are not married, but we may get married this year. We have read about the immigration process and we believe that going the CR1 route is better given that he has a drug-related felony. What are your thoughts?

 

We have decided that it is best for him job-wise if I move there (I live in the UK), however, we are aware that having a felony as a USC and filing for a potential immigrant means there will be greater scrutiny for many reasons. 

He was convicted of possession of marijuana with intent to deliver as a minor (age 17, spent no time in prison - had to pay a considerable fine, though). That, at the time, was a felony - not sure about it now, I doubt it matters what the law is now (for our case at least). He has no other problems, he is a rather responsible person now; that was 20 years ago. 

 

I have no criminal record, so there will be no issues on my part that would require a lawyer.

In terms of what we are thinking of doing if we were to apply without a lawyer - obviously, we would provide evidence of a bona fide relationship, and we will get the official court documents once we get rolling so I can read it all. We can provide evidence that would support our case of him being a level-headed and law-abiding citizen (ie: contract of employment, college education, mortgage etc). Is there anything else that we should be aware of?

 

We would be fine filling out the application form ourselves, but we evidently are not as knowledgeable as an immigration lawyer can be - should we get a lawyer to help with our case? 

 

 

In other words, is this a DYI situation or is the lawyer a MUST?

Any advice is greatly appreciated as we feel slightly overwhelmed.

 

 

Many thanks!

[Chancy 6,241]

*** Moved from IR1/CR1 Progress Reports to IR1/CR1 Process & Procedures ***

 

1 hour ago, Karina7 said:

We have read about the immigration process and we believe that going the CR1 route is better given that he has a drug-related felony.

 

Definitely go for CR1.  Aside from being the superior visa in terms of benefits upon US entry, CR1 does not require the USC petitioner to submit police records with the petition.  K1, on the other hand, requires the USC to submit records of all arrests/convictions with the petition.

 

Nothing in the info you shared above suggests you need a lawyer for your case.

 

[nicolaek7@yahoo.c 0]

25 minutes ago, Chancy said:

*** Moved from IR1/CR1 Progress Reports to IR1/CR1 Process & Procedures ***

 

 

Definitely go for CR1.  Aside from being the superior visa in terms of benefits upon US entry, CR1 does not require the USC petitioner to submit police records with the petition.  K1, on the other hand, requires the USC to submit records of all arrests/convictions with the petition.

 

Nothing in the info you shared above suggests you need a lawyer for your case.

 

I appreciate you taking the time to answer, thank you, Chancy! 

 

(Oops used this older account where my actual name doesn't show)

Edited February 16, 2022 by nicolaek7@yahoo.c
Clarification

[pushbrk 12,898]

Do the visa you want and that works for you.  Your court records will be needed for a K1, but no danger of denial based on a drug charge, felony or not.

[Red169 12]

11 hours ago, pushbrk said:

Do the visa you want and that works for you.  Your court records will be needed for a K1, but no danger of denial based on a drug charge, felony or not.

Thank you! How come there's no danger in getting denied based on the felony? I've read some stories on here saying it can be a reason for getting denied😃

[Chancy 6,241]

2 minutes ago, Karina7 said:

How come there's no danger in getting denied based on the felony? I've read some stories on here saying it can be a reason for getting denied😃

 

Depends on who has the record -- the petitioner or the beneficiary.  A drug charge does not disqualify a US citizen from petitioning a relative or a fiance(e).  But if a foreigner has a drug charge, it could be a reason for them to be inadmissible to the US.  It is those cases where the foreign beneficiary has a criminal record that likely need help from a lawyer.

 

[Red169 12]

Just now, Chancy said:

 

Depends on who has the record -- the petitioner or the beneficiary.  A drug charge does not disqualify a US citizen from petitioning a relative or a fiance(e).  But if a foreigner has a drug charge, it could be a reason for them to be inadmissible to the US.  It is those cases where the foreign beneficiary has a criminal record that likely need help from a lawyer.

 

I see😃 Thanks for the explanation! 

[pushbrk 12,898]

2 hours ago, Karina7 said:

I see😃 Thanks for the explanation! 

Further, the reason a Fiancee petitioner needs to answer these questions is because of a specific law for fiancee visas.  But, that law is about informing the foreign fiancee, not about approval or denial of the petition or visa.

 

The only criminal record for a US Citizen that will result in a denial of petition is violations that fit under the Adam Walsh Act.  Effectively that means sex crimes against a child.

[iwannaplay54 985]

6 hours ago, Karina7 said:

Thank you! How come there's no danger in getting denied based on the felony? I've read some stories on here saying it can be a reason for getting denied😃

Not for drugs.  Wouldn’t matter which petition you filed. 
Trafficking?  DV?  Crimes against children?  Another story.

Edited February 17, 2022 by iwannaplay54