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cherine brooks Newbie

cherine brooks   0

Posted
Filed: IR-1/CR-1 Visa Country: Jamaica
 Timeline
Posted (edited)

I file a K1 visa for my husband in 2021 and they refuse him, because of controlled substance and they gave 212 (a) (2) (a) (i) (ii), they claim he is inadmissible. we got married in July 2021 of the same year. and I file an I 130 in 2023, waiting on a response, I'm worried if they will denied me again.

Edited by cherine brooks
pushbrk Grand Master

pushbrk   12,994

Posted
Filed: Other Country: China
 Timeline
Posted
18 minutes ago, cherine brooks said:

I file a K1 visa for my husband in 2021 and they refuse him, because of controlled substance and they gave 212 (a) (2) (a) (i) (ii), they claim he is inadmissible. we got married in July 2021 of the same year. and I file an I 130 in 2023, waiting on a response, I'm worried if they will denied me again.

They might.  Did he stop using?

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

cherine brooks Newbie

cherine brooks   0

Posted
Filed: IR-1/CR-1 Visa Country: Jamaica
 Timeline
  • Author
Posted

he was using when he much younger, he got arrest when he was 18 year old and when we went on the interview they asked him if he has ever been arrest and he said yes when he had a clean police report. this happen over 10 years ago

randomstairs Community Regular

randomstairs   304

Posted
Filed: Citizen (apr) Timeline
Posted
21 minutes ago, cherine brooks said:

I file a K1 visa for my husband in 2021 and they refuse him, because of controlled substance and they gave 212 (a) (2) (a) (i) (ii), they claim he is inadmissible. we got married in July 2021 of the same year. and I file an I 130 in 2023, waiting on a response, I'm worried if they will denied me again.

Was he convicted of a drug offense? Inadmissibility on drug crime basis is a tough one to overcome. But a competent lawyer may find a way, depending on the exact circumstances. This is not a DIY case.

03/04/2016 AOS (EB2-NIW concurrent with I-485) mailed to Lewisville TX Lockbox
03/07/2016 AOS delivered to USCIS and signed
03/12/2016 Case received by Nebraska Service Center (NSC)
03/14/2016 Text notification received for I-140/I-485/I-765/I-131.
04/08/2016 Biometrics notice received for 04/21
04/13/2016 Biometrics early walk-in completed.
04/15/2016 EAD/AP combo card received in mail.

 

Long wait begins...

 

11/04/2016 I-140/485 cases transferred from Nebraska to TCS
12/01/2016 Prepared package for EAD/AP renewal (expires 04/09/2017)
12/23/2016 USCIS suddenly changes several forms, invalidating my EAD/AP renewal package (not yet sent)
12/27/2016 USCIS suddenly reforms the entire NIW criteria system, replacing a 20 years old one. Uncharted waters. 
01/07/2017 (Saturday!) EAD/AP renewal package with new forms received in Phoenix "reception desk"
01/17/2017 EAD/AP renewal case accepted; text/email with receipt numbers was received
01/30/2017 Law firm finally confirms that USCIS has suspended processing all EB2-NIW cases due to new criteria. 
02/23/2017 USCIS slowly starts adjudicating NIW cases again.
04/21/2017 Extended EAD/AP received in mail. Valid for 2 years. 
05/06/2017 Received a massive RFE on I-140 NIW case.
07/20/2017 RFE response received by USCIS (a very long response with 30 pages of docs)
09/14/2017 I-140 NIW approved!!! 
11/28/2017 RFE for new medical issued (plus another request re Supp J for employment which is clearly issued in error)
12/04/2017 RFE received in mail
12/07/2017 repeated medical exam for I-485
12/08/2017 Attorney receives documents for responding to I-485 RFE
12/21/2017 Response to RFE received by USCIS 
02/09/2018 I-485 approval (text, email) :)
02/08/2018 I-485 approval notice issued (the "welcome letter") - I'm LPR now
02/16/2018 Green card received
 
11/14/2022 Filed N-400 online; receipt and biometrics reuse form received online
03/07/2023 N-400 Interview scheduled 
04/xx/2023 N-400 approved, same-day Oath ceremony completed. I'm a US citizen.
05/xx/2023 US passport in hand

 

randomstairs Community Regular

randomstairs   304

Posted
Filed: Citizen (apr) Timeline
Posted
4 minutes ago, cherine brooks said:

he was using when he much younger, he got arrest when he was 18 year old and when we went on the interview they asked him if he has ever been arrest and he said yes when he had a clean police report. this happen over 10 years ago

It may be possible to overcome this based on his full recovery. Again, find a good lawyer. 

1 minute ago, cherine brooks said:

No he was not, they only charged him a fine that’s it

A fine is a conviction. 

03/04/2016 AOS (EB2-NIW concurrent with I-485) mailed to Lewisville TX Lockbox
03/07/2016 AOS delivered to USCIS and signed
03/12/2016 Case received by Nebraska Service Center (NSC)
03/14/2016 Text notification received for I-140/I-485/I-765/I-131.
04/08/2016 Biometrics notice received for 04/21
04/13/2016 Biometrics early walk-in completed.
04/15/2016 EAD/AP combo card received in mail.

 

Long wait begins...

 

11/04/2016 I-140/485 cases transferred from Nebraska to TCS
12/01/2016 Prepared package for EAD/AP renewal (expires 04/09/2017)
12/23/2016 USCIS suddenly changes several forms, invalidating my EAD/AP renewal package (not yet sent)
12/27/2016 USCIS suddenly reforms the entire NIW criteria system, replacing a 20 years old one. Uncharted waters. 
01/07/2017 (Saturday!) EAD/AP renewal package with new forms received in Phoenix "reception desk"
01/17/2017 EAD/AP renewal case accepted; text/email with receipt numbers was received
01/30/2017 Law firm finally confirms that USCIS has suspended processing all EB2-NIW cases due to new criteria. 
02/23/2017 USCIS slowly starts adjudicating NIW cases again.
04/21/2017 Extended EAD/AP received in mail. Valid for 2 years. 
05/06/2017 Received a massive RFE on I-140 NIW case.
07/20/2017 RFE response received by USCIS (a very long response with 30 pages of docs)
09/14/2017 I-140 NIW approved!!! 
11/28/2017 RFE for new medical issued (plus another request re Supp J for employment which is clearly issued in error)
12/04/2017 RFE received in mail
12/07/2017 repeated medical exam for I-485
12/08/2017 Attorney receives documents for responding to I-485 RFE
12/21/2017 Response to RFE received by USCIS 
02/09/2018 I-485 approval (text, email) :)
02/08/2018 I-485 approval notice issued (the "welcome letter") - I'm LPR now
02/16/2018 Green card received
 
11/14/2022 Filed N-400 online; receipt and biometrics reuse form received online
03/07/2023 N-400 Interview scheduled 
04/xx/2023 N-400 approved, same-day Oath ceremony completed. I'm a US citizen.
05/xx/2023 US passport in hand

 

randomstairs Community Regular

randomstairs   304

Posted
Filed: Citizen (apr) Timeline
Posted
1 minute ago, cherine brooks said:

They told us to apply for a waiver I 601 at the time but we got married instead and I filed the I 130 for the green card instead 

The I-485 is for the green card, not the I-130. The waiver might still be filed. If his case was a possession of 30 g of marijuana or less, there is a good waiver for that too. 

03/04/2016 AOS (EB2-NIW concurrent with I-485) mailed to Lewisville TX Lockbox
03/07/2016 AOS delivered to USCIS and signed
03/12/2016 Case received by Nebraska Service Center (NSC)
03/14/2016 Text notification received for I-140/I-485/I-765/I-131.
04/08/2016 Biometrics notice received for 04/21
04/13/2016 Biometrics early walk-in completed.
04/15/2016 EAD/AP combo card received in mail.

 

Long wait begins...

 

11/04/2016 I-140/485 cases transferred from Nebraska to TCS
12/01/2016 Prepared package for EAD/AP renewal (expires 04/09/2017)
12/23/2016 USCIS suddenly changes several forms, invalidating my EAD/AP renewal package (not yet sent)
12/27/2016 USCIS suddenly reforms the entire NIW criteria system, replacing a 20 years old one. Uncharted waters. 
01/07/2017 (Saturday!) EAD/AP renewal package with new forms received in Phoenix "reception desk"
01/17/2017 EAD/AP renewal case accepted; text/email with receipt numbers was received
01/30/2017 Law firm finally confirms that USCIS has suspended processing all EB2-NIW cases due to new criteria. 
02/23/2017 USCIS slowly starts adjudicating NIW cases again.
04/21/2017 Extended EAD/AP received in mail. Valid for 2 years. 
05/06/2017 Received a massive RFE on I-140 NIW case.
07/20/2017 RFE response received by USCIS (a very long response with 30 pages of docs)
09/14/2017 I-140 NIW approved!!! 
11/28/2017 RFE for new medical issued (plus another request re Supp J for employment which is clearly issued in error)
12/04/2017 RFE received in mail
12/07/2017 repeated medical exam for I-485
12/08/2017 Attorney receives documents for responding to I-485 RFE
12/21/2017 Response to RFE received by USCIS 
02/09/2018 I-485 approval (text, email) :)
02/08/2018 I-485 approval notice issued (the "welcome letter") - I'm LPR now
02/16/2018 Green card received
 
11/14/2022 Filed N-400 online; receipt and biometrics reuse form received online
03/07/2023 N-400 Interview scheduled 
04/xx/2023 N-400 approved, same-day Oath ceremony completed. I'm a US citizen.
05/xx/2023 US passport in hand

 

pushbrk Grand Master

pushbrk   12,994

Posted
Filed: Other Country: China
 Timeline
Posted
37 minutes ago, cherine brooks said:

Please read my post carefully, the I 130 is for a great card and the I 129 is for a fiancée visa, which I stated that I filed first 

Your post was read.  An I-130 is filed to start an immigrant visa process. It is not an application for a green card.  YOU made the error, not the people that are correcting you.  Only AFTER the visa is both issued and used to enter the USA, will a green card come into play.  You will never apply for a green card.  When your I-130 petition is approved, your spouse will be invited to apply for a spouse visa.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Boiler Grand Master

Boiler   45,727

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Have you appointed a Lawyer to prepare the waiver?

“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.”

Cathi Veteran

Cathi   5,771

Posted
Filed: Citizen (apr) Country: Jordan
 Timeline
Posted
2 hours ago, cherine brooks said:

Please read my post carefully, the I 130 is for a great card and the I 129 is for a fiancée visa, which I stated that I filed first 

An I-130 is a petition for a spouse visa (CR1), not for a green card. The green card isn't given until after the beneficiary enters the U.S with his CR1 visa.


KMG Explorer

KMG   131

Posted
Filed: IR-1/CR-1 Visa Country: Honduras
 Timeline
Posted
16 hours ago, cherine brooks said:

Please read my post carefully, the I 130 is for a great card and the I 129 is for a fiancée visa, which I stated that I filed first 

The people on this site are very helpful and are taking the time to answer your question.  Be kind. Everyone is reading your post- you are the one confused. I would recommend hiring a lawyer.

belinda63 Experienced

belinda63   3,039

Posted
Filed: Citizen (apr) Country: Iran
 Timeline
Posted

Getting married and filing the I-130 does not negate the need for a waiver. When he goes for the interview he will be denied and told whether he is eligible for a waiver or not. Was he told a waiver was available when the K-1 was denied. Getting married changes nothing in regards to his drug conviction and his admissibility to the US.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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