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HELP! Fiance with Drug Possession conviction...

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  • HELP! Fiance with Drug Possession conviction...

    Hope someone will be able to advise me..

    Situation:

    - I am US Citizen (and Uk citizen - presently in UK)
    - Engaged to UK Citizen (age 28) with TWO convictions:
    a) drink driving - loss of licence (at age 21)
    b) possession of drugs - 20g. of methamphetamines (at age 20)
    - want to live in states together after marriage and am scared these convictions will prevent him getting visa/green card.
    - He has visited USA 4 times without declaring these convictions
    - Even more afraid that if he does declare these convictions and they realise he has been to states before (fraud?) they may ban him altogether and prevent him from visiting family etc. - is this a possibility?
    -not sure whether to get married and apply directly for green card or apply for fiance visa to get married in states - would he be more likely to get one visa over the other??
    - or just assume he will be rejected because one is a drug related offence - and continue to travel on tourist visa? (preventing us from building life in states!)

    He is a law abiding adult and these charges were young mistakes. I can't bear the thought of not going back to the states to live at any point. Can anyone advise me of the best route to take?

    Thanks for your help in advance.
    fgc

  • #2
    Hope someone will be able to advise me..

    Situation:

    - I am US Citizen (and Uk citizen - presently in UK)
    - Engaged to UK Citizen (age 28) with TWO convictions:
    a) drink driving - loss of licence (at age 21)
    b) possession of drugs - 20g. of methamphetamines (at age 20)
    - want to live in states together after marriage and am scared these convictions will prevent him getting visa/green card.
    - He has visited USA 4 times without declaring these convictions
    - Even more afraid that if he does declare these convictions and they realise he has been to states before (fraud?) they may ban him altogether and prevent him from visiting family etc. - is this a possibility?
    -not sure whether to get married and apply directly for green card or apply for fiance visa to get married in states - would he be more likely to get one visa over the other??
    - or just assume he will be rejected because one is a drug related offence - and continue to travel on tourist visa? (preventing us from building life in states!)

    He is a law abiding adult and these charges were young mistakes. I can't bear the thought of not going back to the states to live at any point. Can anyone advise me of the best route to take?

    Thanks for your help in advance.
    fgc

    Comment


    • #3
      good luck

      Comment


      • #4
        Your fiancee is going to face two major problems - the first is the repeated concealment of material facts on his I 94W - it asks if he has ever been arrested, etc...and these convictions will resurface if and when you fill out an I 130 at the embassy in London.
        From what I have read, he will likely be ineligible for the drug charge and will need a waiver before he can be issued a visa - and to get the waiver, you will need to demonstrate "extreme hardship" which is NOT just being separated. EH is much much more.
        If he decides to keep lying to the embassy about his previous charges and his police record show otherwise, well, now he will be ineligible for having used fraud to get a visa - and will require a waiver for TWO different offenses and his chances will likely drop even more.

        Comment


        • #5
          My husband and I were denied our fiance visa due to possession of ganja (one joint fined $2.oo) they said they would not grant a waiver if we applied (nonimmigrant visa's will not accept waiver is what they said) However, they said if wMy husband and I were denied our fiance visa due e got married and filed an I-130 (immigrant visa) that too will get denied but when we file a waiver for that one it will go thru. So if I were you I would try to get that record cleaned if its been long enough if not he may never get a waiver due to the severity of everything involved. Email me if you like mteverest2001@hotmail.com. I am living without my now husband and it is so hard after waiting 6 months for fiance visa to fail now we have to wait at least a year for I-130 and then wait God knows howlong for waiver. Please pray for us!

          Comment


          • #6
            They said if we got married and filed an I 130 (immigrant visa-strong visa) that too would get denied because of the drug charge but because of the strength of that kind of visa the waiver will go thru. email me if you need a friend also.

            Comment


            • #7
              Why wait 1 year or so for the approval or adjudication of the I-130? Why not file a K3 along with the I-130?

              I just thought I post this reply as you did not mention it on your post.

              Goodluck

              Comment


              • #8
                just wanted to say thanks for all the advice!
                I didn't realise all this could be so stressful!
                fgc

                Comment

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