fiance has conviction ..will he be approved for k-1?

[jordandacey 0]

short and sweet story of me (US citizen) and my fiance ben (UK citizen)

met in 2013 in cancun mexico

traveled to see eachother:

september 2013 - i went to UK

october 2013 - he came to USA

december 2013- i went to UK

march 2014- he came to USA

may 2014- he came to USA

august 2014- i went to UK (HE PROPOSED THIS TRIP !!)

i will be traveling again to see him in december this year and we are in the process now of filling out I-129F form for K-1 Visa. For the most part everything is going smoothly but i need answers about his conviction he has for a controlled substance (cocaine) in 2012 (ridiculous, i know). on his esta form he clicked "no" to being convicted to any crimes... and now we are sending off for police certificate that will state his conviction...

so what im wondering and asking you all is will he be denied into the USA when he goes to embassy for interview? or do you think he will be fine?

anyone have a simila story? anything will be very helpful! thank you!!!

[NigeriaorBust 4,096]

He has a conviction and a misrepresentation on his filing of the ESTA, worse case they declare it material and he is banned for life. It being cocaine it is definately lawer time

[Zedayn 486]

short and sweet story of me (US citizen) and my fiance ben (UK citizen)

met in 2013 in cancun mexico

traveled to see eachother:

september 2013 - i went to UK

october 2013 - he came to USA

december 2013- i went to UK

march 2014- he came to USA

may 2014- he came to USA

august 2014- i went to UK (HE PROPOSED THIS TRIP !!)

i will be traveling again to see him in december this year and we are in the process now of filling out I-129F form for K-1 Visa. For the most part everything is going smoothly but i need answers about his conviction he has for a controlled substance (cocaine) in 2012 (ridiculous, i know). on his esta form he clicked "no" to being convicted to any crimes... and now we are sending off for police certificate that will state his conviction...

so what im wondering and asking you all is will he be denied into the USA when he goes to embassy for interview? or do you think he will be fine?

anyone have a simila story? anything will be very helpful! thank you!!!

Your fiancé was convicted of a crime related to a controlled substance. Based on this, according to the Immigration and Nationality Act, your fiancé is not admissible to the US, nor is he eligible for any type of visa. He also is not eligible to use the VWP (visa waiver program).

From § 212 (8 USC 1182) Inadmissible aliens http://www.uscis.gov/iframe/ilink/docView/SLB/HTML/SLB/act.html :

a. Classes of aliens ineligible for visas or admission

Except as otherwise provided in this chapter, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States:

2. Criminal and related grounds

A. Conviction of certain crimes

I. In general Except as provided in clause (ii), any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of—

i. a crime involving moral turpitude (other than a purely political offense) or an attempt or conspiracy to commit such a crime, or

ii. a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 802 of title 21), is inadmissible.

Your fiancé answered "no" on the ESTA form, which of course is not true. If he had answered "yes", he never would have been able to travel to the US. From: https://esta.cbp.dhs.gov/esta/WebHelp/ESTA_Screen-Level_Online_Help_1.htm#vwp3 Who is eligible for the visa waiver program?

• Establish to the satisfaction of the inspecting United States Customs and Border Protection officer that you are entitled to be admitted under the Visa Waiver Program and that you are not inadmissible under the Immigration and Nationality Act.

Honestly, I don't think there is any chance at all here. Your fiancé lied, and he has a conviction for a controlled substance. You are going to need a VERY good lawyer.

Edited September 29, 2014 by Zedayn

[belinda63 3,055]

Time for an attorney. Usually a conviction of possession of a small amount of marijuana is waiverable but a conviction of possession of cocaine is not. Wouldn't hurt to do a consult with an attorney. The fact that he knowingly lied to obtain ESTA and the conviction is recent will not help at all.