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meuy99

Advice regarding prior conviction on police clearance

By meuy99 in K-1 Fiance(e) Visa Process & Procedures

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meuy99 Explorer

meuy99   4

Posted
Filed: Lift. Cond. (pnd) Country: South Africa
 Timeline
Posted

Long story short, my fiance has a prior conviction for marijuana possession. On the police clearance it just has that a small fine ($10) was paid because he was in possession of a dependence forming substance. Fiance said it wasn't his, but he was arrested because it was in the pocket of the clothes he was wearing (I know same story everyone tells, but in his case, I believe him because of the circumstances that led him to wear his friend's clothes). His friend came to the police station and admitted that it was his and the friend paid the fine, so my fiance didn't think about it again and certainly didn't think it would be on his record. He can't expunge it because it has only been 5 years and 10 yrs needs to have relapse. Fiance has never had any criminal charges before or after the incident and he doesn't even smoke pot.

The court advised him that he can get a lawyer and try to get it expunged. That process may take a few months but with no guarantee that it would work. He did speak to a lawyer and the lawyer said he'd help (for a fee of course). Lawyer told him to get an affidavit from the police station confirming his story and the lawyer would write another letter explaining the situation and send it to the police head quarter and get it expunged, but I'm so skeptical. Of course if it works, I will, but it's just a shot in the dark. The money isn't the issue, I just don't want to wait months on end for possibly nothing.

I want to call the consulate and see if they would give me any indication on whether we should try to get it expunged or if they may waive it since it was a one time offense. I know it's a long shot- but I thought I would give it a try. I have read that there is a waiver that he can fill out if he does get rejected, but is this something we can do preemptively?

If anyone has any experience, insight or advice, I'd love to hear it. Thanks in advance!

Removal of Conditions


Sept 24 2016 - resent packet (1st attempt arrived 2 days too early due to miscalculation of 90 days)




AOS Timeline


8/9/14- Mailed I-485/131/765 (took a long time to get our Marriage Certificate)


8/15/14- notified via text and email that application was accepted on 8/12 and being processed.


9/8/14- Biometric done; 11/5/14- EAD/I-131 Approved/Card Production


11/5/14- AOS moved to testing/interview; 11/13/14- EAD/AP Combo card REC'D


12/16/14- AOS Interview- APPROVED! 1/3/15- Green card approved.



K1 Timeline


8/16/2013 I-129F Sent via UPS to Lewisville, TX 9/25/2013 Hard copy of NOA 2 received dancin5hr.gif


8/19/2013 I-129F CSC Received 10/29/2013 Got email from NVC with case number (NVC rec'd)


8/20/2013 NOA1 10/30/2013 Left NVC


8/22/2013 Notice that Alien Registration Number was changed 11/04/2013 Consulate Rec'd


8/26/2013 NOA1 Received by mail 11/12/2013 Packet 3 rec'd


9/20/2013 Email notice of NOA2 (31 days)



02/04/2014 After many months of waiting and frustration, FI finally got his birth certificate, passport and police clearance from his home country and we received an SMS today stating that his SA Police Clearance was finalized.


02/18/14 Police Clearance rec'd


2/20/14- Second packet 3 sent to consulate


2/27/14 Followed up with Consulate to get interview date. They schedule an interview for 2/20 when he submitted the application of readiness (what we had to do to extend his NOA2) on 1/21, but they didn't notify us of that appointment, so we missed it.


3/27/14- Interview- APPROVED!!!


4/10/14- FI entered US via LAX and flew to SF 6/14/14- Civil Ceremony

meuy99 Explorer

meuy99   4

Posted
Filed: Lift. Cond. (pnd) Country: South Africa
 Timeline
  • Author
Posted

I should add that if we just move ahead with scheduling an interview and taking the risk of hoping the CO would waive his offense, we'd have to complete a new DS160 admitting the criminal offense and explaining it. In the current DS160, we marked no to the question about a prior drug conviction (because we didn't know that it was on his record). Also, he never appeared in court, everything was done at the police station.

Removal of Conditions


Sept 24 2016 - resent packet (1st attempt arrived 2 days too early due to miscalculation of 90 days)




AOS Timeline


8/9/14- Mailed I-485/131/765 (took a long time to get our Marriage Certificate)


8/15/14- notified via text and email that application was accepted on 8/12 and being processed.


9/8/14- Biometric done; 11/5/14- EAD/I-131 Approved/Card Production


11/5/14- AOS moved to testing/interview; 11/13/14- EAD/AP Combo card REC'D


12/16/14- AOS Interview- APPROVED! 1/3/15- Green card approved.



K1 Timeline


8/16/2013 I-129F Sent via UPS to Lewisville, TX 9/25/2013 Hard copy of NOA 2 received dancin5hr.gif


8/19/2013 I-129F CSC Received 10/29/2013 Got email from NVC with case number (NVC rec'd)


8/20/2013 NOA1 10/30/2013 Left NVC


8/22/2013 Notice that Alien Registration Number was changed 11/04/2013 Consulate Rec'd


8/26/2013 NOA1 Received by mail 11/12/2013 Packet 3 rec'd


9/20/2013 Email notice of NOA2 (31 days)



02/04/2014 After many months of waiting and frustration, FI finally got his birth certificate, passport and police clearance from his home country and we received an SMS today stating that his SA Police Clearance was finalized.


02/18/14 Police Clearance rec'd


2/20/14- Second packet 3 sent to consulate


2/27/14 Followed up with Consulate to get interview date. They schedule an interview for 2/20 when he submitted the application of readiness (what we had to do to extend his NOA2) on 1/21, but they didn't notify us of that appointment, so we missed it.


3/27/14- Interview- APPROVED!!!


4/10/14- FI entered US via LAX and flew to SF 6/14/14- Civil Ceremony

meuy99 Explorer

meuy99   4

Posted
Filed: Lift. Cond. (pnd) Country: South Africa
 Timeline
  • Author
Posted

No. This was 5 years ago as stated. He can get the record expunged after 10 years, so that's another 5.

Removal of Conditions


Sept 24 2016 - resent packet (1st attempt arrived 2 days too early due to miscalculation of 90 days)




AOS Timeline


8/9/14- Mailed I-485/131/765 (took a long time to get our Marriage Certificate)


8/15/14- notified via text and email that application was accepted on 8/12 and being processed.


9/8/14- Biometric done; 11/5/14- EAD/I-131 Approved/Card Production


11/5/14- AOS moved to testing/interview; 11/13/14- EAD/AP Combo card REC'D


12/16/14- AOS Interview- APPROVED! 1/3/15- Green card approved.



K1 Timeline


8/16/2013 I-129F Sent via UPS to Lewisville, TX 9/25/2013 Hard copy of NOA 2 received dancin5hr.gif


8/19/2013 I-129F CSC Received 10/29/2013 Got email from NVC with case number (NVC rec'd)


8/20/2013 NOA1 10/30/2013 Left NVC


8/22/2013 Notice that Alien Registration Number was changed 11/04/2013 Consulate Rec'd


8/26/2013 NOA1 Received by mail 11/12/2013 Packet 3 rec'd


9/20/2013 Email notice of NOA2 (31 days)



02/04/2014 After many months of waiting and frustration, FI finally got his birth certificate, passport and police clearance from his home country and we received an SMS today stating that his SA Police Clearance was finalized.


02/18/14 Police Clearance rec'd


2/20/14- Second packet 3 sent to consulate


2/27/14 Followed up with Consulate to get interview date. They schedule an interview for 2/20 when he submitted the application of readiness (what we had to do to extend his NOA2) on 1/21, but they didn't notify us of that appointment, so we missed it.


3/27/14- Interview- APPROVED!!!


4/10/14- FI entered US via LAX and flew to SF 6/14/14- Civil Ceremony

dwheels76 Grand Master

dwheels76   5,468

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

Long story short, my fiance has a prior conviction for marijuana possession. On the police clearance it just has that a small fine ($10) was paid because he was in possession of a dependence forming substance. Fiance said it wasn't his, but he was arrested because it was in the pocket of the clothes he was wearing (I know same story everyone tells, but in his case, I believe him because of the circumstances that led him to wear his friend's clothes). His friend came to the police station and admitted that it was his and the friend paid the fine, so my fiance didn't think about it again and certainly didn't think it would be on his record. He can't expunge it because it has only been 5 years and 10 yrs needs to have relapse. Fiance has never had any criminal charges before or after the incident and he doesn't even smoke pot.

The court advised him that he can get a lawyer and try to get it expunged. That process may take a few months but with no guarantee that it would work. He did speak to a lawyer and the lawyer said he'd help (for a fee of course). Lawyer told him to get an affidavit from the police station confirming his story and the lawyer would write another letter explaining the situation and send it to the police head quarter and get it expunged, but I'm so skeptical. Of course if it works, I will, but it's just a shot in the dark. The money isn't the issue, I just don't want to wait months on end for possibly nothing.

I want to call the consulate and see if they would give me any indication on whether we should try to get it expunged or if they may waive it since it was a one time offense. I know it's a long shot- but I thought I would give it a try. I have read that there is a waiver that he can fill out if he does get rejected, but is this something we can do preemptively?

If anyone has any experience, insight or advice, I'd love to hear it. Thanks in advance!

The consulate can't nor will they ever advise you on a legal matter. Expunged means nothing he would still check yes.

So are you saying you filled out a DS-160 and lied about the conviction? So they have a DS-160 with a NO checked. Yikes.

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meuy99 Explorer

meuy99   4

Posted
Filed: Lift. Cond. (pnd) Country: South Africa
 Timeline
  • Author
Posted

we completed the DS 160 but I don't think they have a copy of it yet because they emailed me this morning asking us to scan a copy of the confirmation page for them. I think we can just complete another one and send them in the new confirmation page

And yes, it seem like we lied, but it was not intentional because he didn't know it was on his record.

Removal of Conditions


Sept 24 2016 - resent packet (1st attempt arrived 2 days too early due to miscalculation of 90 days)




AOS Timeline


8/9/14- Mailed I-485/131/765 (took a long time to get our Marriage Certificate)


8/15/14- notified via text and email that application was accepted on 8/12 and being processed.


9/8/14- Biometric done; 11/5/14- EAD/I-131 Approved/Card Production


11/5/14- AOS moved to testing/interview; 11/13/14- EAD/AP Combo card REC'D


12/16/14- AOS Interview- APPROVED! 1/3/15- Green card approved.



K1 Timeline


8/16/2013 I-129F Sent via UPS to Lewisville, TX 9/25/2013 Hard copy of NOA 2 received dancin5hr.gif


8/19/2013 I-129F CSC Received 10/29/2013 Got email from NVC with case number (NVC rec'd)


8/20/2013 NOA1 10/30/2013 Left NVC


8/22/2013 Notice that Alien Registration Number was changed 11/04/2013 Consulate Rec'd


8/26/2013 NOA1 Received by mail 11/12/2013 Packet 3 rec'd


9/20/2013 Email notice of NOA2 (31 days)



02/04/2014 After many months of waiting and frustration, FI finally got his birth certificate, passport and police clearance from his home country and we received an SMS today stating that his SA Police Clearance was finalized.


02/18/14 Police Clearance rec'd


2/20/14- Second packet 3 sent to consulate


2/27/14 Followed up with Consulate to get interview date. They schedule an interview for 2/20 when he submitted the application of readiness (what we had to do to extend his NOA2) on 1/21, but they didn't notify us of that appointment, so we missed it.


3/27/14- Interview- APPROVED!!!


4/10/14- FI entered US via LAX and flew to SF 6/14/14- Civil Ceremony

 
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