My foriegn fiance has a criminal record

[confusedenthused 0]

Hello all--

After doing some research today, it looks doubtful that my foreign fiance will be eligible for a K1 visa like I originally thought. He had a petty drug offense but he was charged as a trafficker despite having a small quantity and spent 2.5 years in prison--his home country has a very serious stance on drug offenses. He had two different types of drugs and not only marijuana. It seems that that precludes him from getting the K1 visa. Am I correct?

Do you think he would be a good candidate for a waiver? He is an artist and not involved in drugs at all anymore, he has been out of prison since 2013. Any way it might be possible for us to live in the US together and for him to immigrate?

Also, how important is it that he speak English before his interview? We communicate in his native tongue.

Thank you for your help.

[FarrahIdir 46]

A person is not eligible to apply for a K-1 visa or any other kind of visa that would grant them legal entry into the United States if he or she:

Has HIV any other type of communicable disease.Have a physical or mental disorder that could cause them to harm others.Has a record of drug abuse.Has a criminal record.Is directly related to a known drug trafficker and may have consciously benefited from money resulting from the sale of narcotics.Has ever committed espionage or sabotage.Belongs to a totalitarian party.Is a Nazi or has ever taken part in propagating any kind of genocide.Has ever lied by illegally claiming to be a U.S. citizen.Has spent time in the United States illegally.Has ever been deported or asked to leave the U.S.Is married to more than one person.Has abducted a child over international borders.Is subject to the two-year foreign residency requirement under a J-2 or J-1 exchange visitor visa.Would have no means of financial support once they had entered the United States.Has ever committed marriage fraud.

This is all I found, 2.5 years usa might not consider petty. Not sure on waivers but I am sure someone will chime in. Good luck

Edited January 25, 2016 by FarrahIdir

[Transborderwife 4,666]

A person is not eligible to apply for a K-1 visa or any other kind of visa that would grant them legal entry into the United States if he or she:

Has HIV any other type of communicable disease.Have a physical or mental disorder that could cause them to harm others.Has a record of drug abuse.Has a criminal record.Is directly related to a known drug trafficker and may have consciously benefited from money resulting from the sale of narcotics.Has ever committed espionage or sabotage.Belongs to a totalitarian party.Is a Nazi or has ever taken part in propagating any kind of genocide.Has ever lied by illegally claiming to be a U.S. citizen.Has spent time in the United States illegally.Has ever been deported or asked to leave the U.S.Is married to more than one person.Has abducted a child over international borders.Is subject to the two-year foreign residency requirement under a J-2 or J-1 exchange visitor visa.Would have no means of financial support once they had entered the United States.Has ever committed marriage fraud.

This is all I found, 2.5 years usa might not consider petty. Not sure on waivers but I am sure someone will chime in. Good luck

Outdated information in regards to HIV. Not the issue at hand, but those with hiv are not automatically denied.

[FarrahIdir 46]

Got it off government site..... idk. Maybe someone should message them to correct it.

[Transborderwife 4,666]

https://www.uscis.gov/archive/archive-news/human-immunodeficiency-virus-hiv-infection-removed-cdc-list-communicable-diseases-public-health-significance

From USCIS website.

[FarrahIdir 46]

Outdated information in regards to HIV. Not the issue at hand, but those with hiv are not automatically denied.

I would hope even if someone has hiv, if treated they can come. I know medicine has come a long way.

https://www.uscis.gov/archive/archive-news/human-immunodeficiency-virus-hiv-infection-removed-cdc-list-communicable-diseases-public-health-significance

From USCIS website.

Much better... thanks Edited January 25, 2016 by FarrahIdir

[confusedenthused 0]

Thank you for your reply @Farrahidir and @Transborderwife. Do you know of any other options for my fiance to come here? In other words, will he always be prohibited from being here with me?

I am disappointed. :-(

If anyone else has experience or advice around the issue of getting a waiver, please let me know.

Thanks again.

[FarrahIdir 46]

Thank you for your reply @Farrahidir and @Transborderwife. Do you know of any other options for my fiance to come here? In other words, will he always be prohibited from being here with me?

I am disappointed. :-(

If anyone else has experience or advice around the issue of getting a waiver, please let me know.

Thanks again.

hopefully someone will chime in knowing waivers. I have no knowledge in this, sorry. Best of luck

[Transborderwife 4,666]

I'd recommend asking at immigrate2us. They specialize in this stuff

[LionessDeon 2,060]

Like I always say I find the immigrate2us website difficult to navigate.

I would suggest you contact a good reputable immigration lawyer who specializes in waivers. Lizz Cannon did ours. She is highly recommended and knowledgeable. She will give you a free consult.

[LionessDeon 2,060]

http://www.visajourney.com/content/records

Here Is a link with some criminal record info.

[NigeriaorBust 4,087]

With a trafficking it is unlikely that they will get a waiver . Have you considered moving there ?

[confusedenthused 0]

Hi LionessDeon,

I saw that link and that is something that made me think he probably isn't eligible for the K1. Thank you for the attorney recommendation, also!

@Nigeriaorbust, I am not sure the legal terminology of what he did, it was more like drug sales than trafficking, but I am not sure there is a difference legally. I have lived in his country but it hard, near impossible, for me to legally work there as a foreigner. I will have to think creatively about how to make it possible. We never wanted to stay in the US forever but we would like to have the option to come here/live here if necessary.

[mallafri76 1,012]

@Nigeriaorbust, I am not sure the legal terminology of what he did, it was more like drug sales than trafficking, but I am not sure there is a difference legally.

I have lived in his country but it hard, near impossible, for me to legally work there as a foreigner. I will have to think creatively about how to make it possible. We never wanted to stay in the US forever but we would like to have the option to come here/live here if necessary.

You need a copy of his criminal record or the court verdict, so you can see the exact crime he was found guilty of. There is a huge difference between possession for personal use, possession with intent to distribute and drug trafficking. E.g. drug trafficking is considered an aggravated felony, which carries deportation if committed by an alien in the US and a lifelong ban. When it comes to possession for personal use, I believe there are people here on VJ who have successfully gotten a waiver for that crime. I would definitely hire a lawyer if I were you.

Wouldn't you be allowed to work in his country if you marry and you immigrate there as his spouse? Maybe there are other countries that the two of you would be able to move to, if your fiance is not able to immigrate to the US?

Edit: What country is your fiance from? That might also impact the visa journey and your chance of a waiver.

Edited January 25, 2016 by mallafri76

[IcezMan_IcezLady 582]

You need a copy of his criminal record or the court verdict, so you can see the exact crime he was found guilty of. There is a huge difference between possession for personal use, possession with intent to distribute and drug trafficking. E.g. drug trafficking is considered an aggravated felony, which carries deportation if committed by an alien in the US and a lifelong ban. When it comes to possession for personal use, I believe there are people here on VJ who have successfully gotten a waiver for that crime. I would definitely hire a lawyer if I were you.

Wouldn't you be allowed to work in his country if you marry and you immigrate there as his spouse? Maybe there are other countries that the two of you would be able to move to, if your fiance is not able to immigrate to the US?

Edit: What country is your fiance from? That might also impact the visa journey and your chance of a waiver.

Were those people charged with "trafficking"?

The charge is what makes the difference.

It is my understanding that it is not up to the U.S. govt to determine how laws are carried out in other countries and/or how fair the charges were or not. The govt upholds the the convictions unless those tricky political issues like authoritarian govt abuse of power on his people. So whether the drug laws are harsher there than in the US is not the issue because the offense was not committed here.

Anyway, that was long. whew!

I agree with other comments for OP to try the immigration website suggested or try an immigration attorney.

Some people have been able to do drug testing or drug rehab to help their case. But find an expert opinion.

There might be a way.