Arrested, but never charged....

[maxident213 0]

Hello all

I am new to this site and WOW, there is a lot here to read through. I am a Canadian citizen with an American girlfriend of approx. 3 years and we have been discussing marriage, with me moving to the USA to be with her, if all goes well. I have read through the process of acquiring a K1 visa as well as the requirements that must be met, and I don't foresee any problems, with one possible exception, which I am asking about here:

In October 1999, shortly after my 19th birthday, I was picked up by the police while smoking a joint behind a local bar with a friend of mine. We were both placed under arrest and taken in. They questioned us about this & that and photocopied our IDs before letting us go. No charges were filed, no court appearance, and to this day I have no criminal record. Not so much as a speeding ticket. However, I'm sure the arrest is still on my "permanent record," so to speak, and I am wondering what effect this might have on my K1 proceedings. It will likely appear on my police check, right?

Also, on a related note: I recently took a trip into the USA, and while crossing the border back into Canada, I was one of four people picked off the Greyhound bus for "further questioning" by Canada Border Services. They immediately started asking me all kinds of questions about marijuana. I should mention at this point that I am heavily tattooed and am pretty much used to people thinking I'm a druggie of some sort at first glance. I answered their questions honestly. I still smoke once in a while and admitted this. They asked if I'd had run-ins with the police and I told them what I just told you. After a bunch more marijuana-related questions, they let me go without further hassle. Now, a few days later, I am getting a bit paranoid about what may happen the next time I go across the border. Should I expect harsher scrutiny because of what I told the border guards? I guess I'm now a "confessed drug user" even if I only smoke once a month or less. Should I expect that this admission has been noted on "the record" somewhere, and, if so, is it likely to come up during the course of my K1 processing? I am feeling mighty stupid now for admitting what I admitted, and possibly hurting my chances of getting to marry my girlfriend, but I figured it was better than lying. Anyone have any input on this?

I would really appreciate anything anyone can offer on this subject, I have been a good law-abiding citizen for many years now and just want to make the K1 process as painless as possible. Thank you very much for your time.

- Max

[*julez* 124]

Continued marijuana use can and has been grounds for denial of a K1 Visa. There is a possibility of applying for a waiver to overcome the denial. I would strongly suggest that you and your fiance consult with an experienced immigration attorney to help you navigate this obstacle. And for God's sake, stop smoking marijuana! The further the usage is in your past the better.

Do some searches on this website using either "drug use" or "marijuana" . You will find many VJ members have shared their experiences about this topic.

Above all else, do consult with a with an experienced immigration attorney!! Good luck!

[Jasman0717 9]

Have you gotten your police report yet? No since worrying until you see the report. Drug use is grounds for denial. I think you can still get around it but need to take a drug program and file a waiver.

[Sprailenes 47]

If no charges were filed then you will have no record.

[radsr2002 0]

Hello all

I am new to this site and WOW, there is a lot here to read through. I am a Canadian citizen with an American girlfriend of approx. 3 years and we have been discussing marriage, with me moving to the USA to be with her, if all goes well. I have read through the process of acquiring a K1 visa as well as the requirements that must be met, and I don't foresee any problems, with one possible exception, which I am asking about here:

In October 1999, shortly after my 19th birthday, I was picked up by the police while smoking a joint behind a local bar with a friend of mine. We were both placed under arrest and taken in. They questioned us about this & that and photocopied our IDs before letting us go. No charges were filed, no court appearance, and to this day I have no criminal record. Not so much as a speeding ticket. However, I'm sure the arrest is still on my "permanent record," so to speak, and I am wondering what effect this might have on my K1 proceedings. It will likely appear on my police check, right?

Also, on a related note: I recently took a trip into the USA, and while crossing the border back into Canada, I was one of four people picked off the Greyhound bus for "further questioning" by Canada Border Services. They immediately started asking me all kinds of questions about marijuana. I should mention at this point that I am heavily tattooed and am pretty much used to people thinking I'm a druggie of some sort at first glance. I answered their questions honestly. I still smoke once in a while and admitted this. They asked if I'd had run-ins with the police and I told them what I just told you. After a bunch more marijuana-related questions, they let me go without further hassle. Now, a few days later, I am getting a bit paranoid about what may happen the next time I go across the border. Should I expect harsher scrutiny because of what I told the border guards? I guess I'm now a "confessed drug user" even if I only smoke once a month or less. Should I expect that this admission has been noted on "the record" somewhere, and, if so, is it likely to come up during the course of my K1 processing? I am feeling mighty stupid now for admitting what I admitted, and possibly hurting my chances of getting to marry my girlfriend, but I figured it was better than lying. Anyone have any input on this?

I would really appreciate anything anyone can offer on this subject, I have been a good law-abiding citizen for many years now and just want to make the K1 process as painless as possible. Thank you very much for your time.

- Max

Get a copy of your police report and see what it says. If it says nothing. Then say nothing about it. If it is listed, then you must list it.

[Jasman0717 9]

Hello all

I am new to this site and WOW, there is a lot here to read through. I am a Canadian citizen with an American girlfriend of approx. 3 years and we have been discussing marriage, with me moving to the USA to be with her, if all goes well. I have read through the process of acquiring a K1 visa as well as the requirements that must be met, and I don't foresee any problems, with one possible exception, which I am asking about here:

In October 1999, shortly after my 19th birthday, I was picked up by the police while smoking a joint behind a local bar with a friend of mine. We were both placed under arrest and taken in. They questioned us about this & that and photocopied our IDs before letting us go. No charges were filed, no court appearance, and to this day I have no criminal record. Not so much as a speeding ticket. However, I'm sure the arrest is still on my "permanent record," so to speak, and I am wondering what effect this might have on my K1 proceedings. It will likely appear on my police check, right?

Also, on a related note: I recently took a trip into the USA, and while crossing the border back into Canada, I was one of four people picked off the Greyhound bus for "further questioning" by Canada Border Services. They immediately started asking me all kinds of questions about marijuana. I should mention at this point that I am heavily tattooed and am pretty much used to people thinking I'm a druggie of some sort at first glance. I answered their questions honestly. I still smoke once in a while and admitted this. They asked if I'd had run-ins with the police and I told them what I just told you. After a bunch more marijuana-related questions, they let me go without further hassle. Now, a few days later, I am getting a bit paranoid about what may happen the next time I go across the border. Should I expect harsher scrutiny because of what I told the border guards? I guess I'm now a "confessed drug user" even if I only smoke once a month or less. Should I expect that this admission has been noted on "the record" somewhere, and, if so, is it likely to come up during the course of my K1 processing? I am feeling mighty stupid now for admitting what I admitted, and possibly hurting my chances of getting to marry my girlfriend, but I figured it was better than lying. Anyone have any input on this?

I would really appreciate anything anyone can offer on this subject, I have been a good law-abiding citizen for many years now and just want to make the K1 process as painless as possible. Thank you very much for your time.

- Max

Get a copy of your police report and see what it says. If it says nothing. Then say nothing about it. If it is listed, then you must list it.

[Dan J 277]

You may find have your fiancee immigrate to Canada the easiest way out of this situation. At a minimum this is going to make your immigration to the US very difficult. You may be faced with a ban with immigrating to the US.

[maxident213 0]

Thank you all very much for the quick replies. I am currently searching through a lot of threads here trying to learn what I can. Since the last border crossing I have really been evaluating a lot of things about my life and I think my pot-smoking days are over. I think I may have actually been "scared straight!" I don't want to jeopardize my chances of being with my girlfriend, nothing is more important to me now than that.

I am really worried though, I think I might've really shot myself in the foot. One of the questions I was asked at the border was "when is the last time you smoked marijuana?" My honest answer was "around August 26 or 27." I am well aware that all proceedings at border crossings are likely recorded and documented in some way or another. Now, in the course of searching through the threads on this board, I learn that admitting you have used any illegal drug in the past three years equals an automatic denial of visa. I'm heartbroken. I'm sure the answers I gave to their questions are noted somewhere, by someone. I think I've totally screwed myself. I'm sure if & when my K1 proceedings begin, they will be denied. I feel so stupid right now.

Thank you all for helping me. Any additional info or advice is appreciated, whether here or in PM.

Max

[Dan J 277]

Thank you all very much for the quick replies. I am currently searching through a lot of threads here trying to learn what I can. Since the last border crossing I have really been evaluating a lot of things about my life and I think my pot-smoking days are over. I think I may have actually been "scared straight!" I don't want to jeopardize my chances of being with my girlfriend, nothing is more important to me now than that.

I am really worried though, I think I might've really shot myself in the foot. One of the questions I was asked at the border was "when is the last time you smoked marijuana?" My honest answer was "around August 26 or 27." I am well aware that all proceedings at border crossings are likely recorded and documented in some way or another. Now, in the course of searching through the threads on this board, I learn that admitting you have used any illegal drug in the past three years equals an automatic denial of visa. I'm heartbroken. I'm sure the answers I gave to their questions are noted somewhere, by someone. I think I've totally screwed myself. I'm sure if & when my K1 proceedings begin, they will be denied. I feel so stupid right now.

Thank you all for helping me. Any additional info or advice is appreciated, whether here or in PM.

Max

I would suggest in your case to have your fiancee move to Canada. And in a few years, once your past 3 years after the last time you smoked pot, you can look at getting a spousal visa to the US. If your wife lives in Canada with you, you will be able to file for CR-1/IR-1 with DCF, which is faster than K-1 in most cases. Plus you will have a greed card on arrival.

[Fandango 1,439]

Max, have your girlfriend go to an immigration lawyer.

Good luck!

[maxident213 0]

I should clarify something here: at this point, she is still my just my girlfriend, we are not engaged and have just been discussing marriage. Prior to this, I was trying to find a US-based business to sponsor me for a work visa, so that I may move to the USA and support myself while getting to know her better. This seemed like a more sensible option, rather than rushing into marriage. However, after a year and a half of trying to find an interested business, with zero results, we have been more seriously discussing the marriage thing. We have not started the K1 proceedings, and now that I've learned that my admission may have cost me three years, we may never get to. I can't honestly expect her to wait that long for me, especially for such a stupid, stupid reason.

I guess what I'm really wondering now is, how likely is it that what I said to the border guards will be documented and brought up during the K1 proceedings? I'm so scared now that I think I know that answer already. I can't wait three years. I just can't, it will be the death of this relationship. She has been anti-drug her whole life and has just barely tolerated this aspect of my life up till now - telling her my stupidity has now cost us three years is going to be the nail in the coffin. I'm sorry to be venting all of this here & now but I am really freaking out about this - I have had no run-ins with the law in the last eight of my twenty-seven years, thinking I would be okay if & when we decided to get married, and now I learn that because I answered one question honestly at a border crossing, that I've just wrecked my relationship. I feel so frigging stupid right now.

And there is no chance at all of her coming to Canada - she just won't. All of our hopes & aspirations have revolved around setting up a life in the USA. We discussed her coming to Canada after I gave up hope on the work visa angle, and she's just not into it. I can't believe what I've done here. This is the worst day ever.

Again, sorry for venting, please, if anyone can help, I need it bad.

[Dan J 277]

I should clarify something here: at this point, she is still my just my girlfriend, we are not engaged and have just been discussing marriage. Prior to this, I was trying to find a US-based business to sponsor me for a work visa, so that I may move to the USA and support myself while getting to know her better. This seemed like a more sensible option, rather than rushing into marriage. However, after a year and a half of trying to find an interested business, with zero results, we have been more seriously discussing the marriage thing. We have not started the K1 proceedings, and now that I've learned that my admission may have cost me three years, we may never get to. I can't honestly expect her to wait that long for me, especially for such a stupid, stupid reason.

I guess what I'm really wondering now is, how likely is it that what I said to the border guards will be documented and brought up during the K1 proceedings? I'm so scared now that I think I know that answer already. I can't wait three years. I just can't, it will be the death of this relationship. She has been anti-drug her whole life and has just barely tolerated this aspect of my life up till now - telling her my stupidity has now cost us three years is going to be the nail in the coffin. I'm sorry to be venting all of this here & now but I am really freaking out about this - I have had no run-ins with the law in the last eight of my twenty-seven years, thinking I would be okay if & when we decided to get married, and now I learn that because I answered one question honestly at a border crossing, that I've just wrecked my relationship. I feel so frigging stupid right now.

And there is no chance at all of her coming to Canada - she just won't. All of our hopes & aspirations have revolved around setting up a life in the USA. We discussed her coming to Canada after I gave up hope on the work visa angle, and she's just not into it. I can't believe what I've done here. This is the worst day ever.

Again, sorry for venting, please, if anyone can help, I need it bad.

Well in that case good luck.

[Fandango 1,439]

Ok, you need to breathe.

And then why don't you call for a consult with an immigration atty? What you're doing is to ask us to speculate on your situation, when we are all laypeople & not attys. Even if someone said 'oh this is what you should do' I would caution you to not put much weight in one person's opinion...either here or otherwise.

If you don't want to tip your hand about all this to your gf, then call the lawyer yourself. I'm sure you can arrange some sort of credit card payment for it.

So don't freak out, don't have the 'worst day ever' based on a MIGHT be, and DON'T DO ANYTHING RASH! just focus on getting the appropriate information for your specific case...which would be a lawyer.

Good luck to you!

[maxident213 0]

Thank you all. I apologize for the melodramatics, I am the type who wears his heart on his sleeve and feels dumb as hell about it later - I know freaking out isn't going to help things, it's just that initial shock of finding out something that has delayed your future a whole lot longer - I had really been hoping that we could be together sooner rather than later. She's my other half, you know?

I have already discussed this with her tonight and shown her this thread. I don't know what she thinks about it all and I think I should just let it sink in, for both our sakes'. Thank you guys & girls, I can tell there are some really good people here.

I am going to see about a lawyer, if anyone has a specific recommendation for one who could do a consultation, please PM it to me. I see there are a lot of them out there.

[pushbrk 12,892]

Hello all

I am new to this site and WOW, there is a lot here to read through. I am a Canadian citizen with an American girlfriend of approx. 3 years and we have been discussing marriage, with me moving to the USA to be with her, if all goes well. I have read through the process of acquiring a K1 visa as well as the requirements that must be met, and I don't foresee any problems, with one possible exception, which I am asking about here:

In October 1999, shortly after my 19th birthday, I was picked up by the police while smoking a joint behind a local bar with a friend of mine. We were both placed under arrest and taken in. They questioned us about this & that and photocopied our IDs before letting us go. No charges were filed, no court appearance, and to this day I have no criminal record. Not so much as a speeding ticket. However, I'm sure the arrest is still on my "permanent record," so to speak, and I am wondering what effect this might have on my K1 proceedings. It will likely appear on my police check, right?

Also, on a related note: I recently took a trip into the USA, and while crossing the border back into Canada, I was one of four people picked off the Greyhound bus for "further questioning" by Canada Border Services. They immediately started asking me all kinds of questions about marijuana. I should mention at this point that I am heavily tattooed and am pretty much used to people thinking I'm a druggie of some sort at first glance. I answered their questions honestly. I still smoke once in a while and admitted this. They asked if I'd had run-ins with the police and I told them what I just told you. After a bunch more marijuana-related questions, they let me go without further hassle. Now, a few days later, I am getting a bit paranoid about what may happen the next time I go across the border. Should I expect harsher scrutiny because of what I told the border guards? I guess I'm now a "confessed drug user" even if I only smoke once a month or less. Should I expect that this admission has been noted on "the record" somewhere, and, if so, is it likely to come up during the course of my K1 processing? I am feeling mighty stupid now for admitting what I admitted, and possibly hurting my chances of getting to marry my girlfriend, but I figured it was better than lying. Anyone have any input on this?

I would really appreciate anything anyone can offer on this subject, I have been a good law-abiding citizen for many years now and just want to make the K1 process as painless as possible. Thank you very much for your time.

- Max

Get a copy of your police report and see what it says. If it says nothing. Then say nothing about it. If it is listed, then you must list it.

Absolutely. I think a number of the responses you've seen are severe over-reactions. Now had you told the US authorities you still use marijuana, perhaps it might come up in the immigration process but since it was the Canadian Border authorities, I'm pretty sure the incident at your last border crossing would only be an issue if it shows up on the police report. I'd go ahead and get the same report you'll need at the time of any visa interview. If it's clean, you have no issue, at least based on the information you provided. Getting the police report now will mean you may well need to go to the trouble and expense again later but at least you'll know what you're dealing with.