several felony convictions (merged threads)

[lala64 93]

thank you

[Cathi 5,607]

Actually that's incorrect. There are several people on visa journey as well as others I know who have been approved for a K-1 and CR/IR-1 despite drug convictions. You don't need a waiver for that. It's not nice to scare people like that unless you know for certain that what you're saying is correct.

You do need a waiver for drug trafficking..aka selling drugs, and depending on how much drugs it is a lifetime ban for over a certain amount. See this list. Getting someone's hopes up is not nice...and to quote you "unless you know for certain what you're saying is correct"

http://www.nolo.com/legal-encyclopedia/us-deny-entry-inadmissibility-reasons-29715.html

Edited May 9, 2015 by mimolicious

[lala64 93]

^{Moatly personal use and prescription drugs. Never any large amount. one of them was even a trace that they tested for the residue. So as horrible that it may seem that I was an addict, I am a changed person and I never had large amounts of drugs only large amount of stupidity back in those days.}

[lala64 93]

You do need a waiver for drug trafficking..aka selling drugs, and depending on how much drugs it is a lifetime ban for over a certain amount. See this list. Getting someone's hopes up is not nice...and to quote you "unless you know for certain what you're saying is correct"

http://www.nolo.com/legal-encyclopedia/us-deny-entry-inadmissibility-reasons-29715.html

A lifetime ban? I am the USC a ban from what? might I ask. from petitioning my fiancé?

[Pitaya 2,576]

~similar topic threads merged~

~please refrain from multiple posting of same topic~

[Cathi 5,607]

A lifetime ban? I am the USC a ban from what? might I ask. from petitioning my fiancé?

you didn't state you were the US citizen. If you answered yes to any of these on the I-129f, there could be problems

Have you ever been convicted by a court of law (civil or criminal) or court martialed by a military tribunal for any of the following crimes:

• Domestic violence, sexual assault, child abuse and neglect, dating violence, elder abuse or stalking. (Please refer to page 3 of the instructions for the full definition of the term "domestic violence.)
• Homicide, murder, manslaughter, rape, abusive sexual contact, sexual exploitation, incest, torture, trafficking, peonage, holding hostage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, false imprisonment or an attempt to commit any of these crimes, or
• Three or more convictions for crimes relating to a controlled substance or alcohol not arising from a single act

[mallafri76 1,012]

You do need a waiver for drug trafficking..aka selling drugs, and depending on how much drugs it is a lifetime ban for over a certain amount. See this list. Getting someone's hopes up is not nice...and to quote you "unless you know for certain what you're saying is correct"

http://www.nolo.com/legal-encyclopedia/us-deny-entry-inadmissibility-reasons-29715.html

That is for people applying for a visa to the US. In this case, we are talking about the USC's drug convictions, not the foreign spouse's. The USC's drug convictions does NOT affect whether that person can petition for a K-1 or CR/IR-1 for their foreign spouse.

[mallafri76 1,012]

drug trafficking..aka selling drugs

FYI! Drug trafficking and selling drugs are not the same thing. Trafficking means you smuggle drugs into the US, which is considered a much more severe crime than "selling drugs", or the correct term of possession with intent to distribute.

[Pitaya 2,576]

Not sure for the K-1 visa but for the CR/IR-1 visa (spousal visa), the USC's criminal history doesn't matter unless it's for sexual offences or human trafficking. My husband is currently serving time in federal prison and we had our I-130 petition approved without issue.

Speaking about K1

Actually that's incorrect. There are several people on visa journey as well as others I know who have been approved for a K-1 and CR/IR-1 despite drug convictions. You don't need a waiver for that. It's not nice to scare people like that unless you know for certain that what you're saying is correct.

Agree.

For the correct info on the USC petitioner reporting requirements for crimes related to alcohol or controlled substances, please refer to page 3 of the I-129F instructions: http://www.uscis.gov/sites/default/files/files/form/i-129finstr.pdf

As mimolicious expounded on the link that I previously provided, for the USC to file a 129F petition, USC petitioner must be mindful of the official instructions and how it may impact their petition. It is speculation as to the specifics of the convictions without the actual court documents. It is likely for that reason that USCIS requires submission of ".... certified copies of all court and police records showing the charges and disposition for every conviction."

[lala64 93]

FYI! Drug trafficking and selling drugs are not the same thing. Trafficking means you smuggle drugs into the US, which is considered a much more severe crime than "selling drugs", or the correct term of possession with intent to distribute.

No no I never have a conviction for trafficking drugs. I had a conviction for attempting to sale prescription medication in 2008.

[lala64 93]

I guess I will just have to wait for USCIS decision or RFE. I have until August 30 to ask them to find out what is happening with my petition. a while yet. I am hoping for either an approval or RFE in oppose to a denial for my offenses those many years ago. My fiancé is aware of my past. and I certainly do not pose any threat or harm to him.

[Villanelle 4,121]

Ugh

I hate these kinds of topics because they get so emotionally charged and you always have to be so careful about the wording used- but Im going to post anyway///

What we are talking about here is IMBRA. The international marriage broker act. Dumb name. Most info is found on the 129 form because I dunno its the engagement for I guess (?) But the rules about it apply to all equally.

Heres what IMBRA is

"IMBRA requires U.S. citizens petitioning to sponsor K visas to disclose convictions for a list of violent crimes on the “I-129F” petition form that they file with DHS, including convictions for domestic violence and assault & battery, as well as convictions for elder abuse, child abuse or neglect, and stalking; and multiple (three or more) convictions for offenses related to alcohol/controlled substances. DHS must provide to DOS a copy of the petitioner’s I-129F petition form, together with any criminal background information (including information on protection orders) that DHS has gathered on the petitioner under existing authority. DOS must provide these materials to the foreign fiancé(e) or spouse. The U.S. consular officer conducting the K visa interview overseas must inform the foreign fiancé(e) or spouse that this information may not be complete, and ask her (1) whether an IMB facilitated her relationship with the petitioner and if so, which one and (2) whether the IMB complied with IMBRA by providing her with the required disclosures and information. (Sections 832(a), 833(a)(5), and 833(b)(1))"

This above is from wikipedia because I didnt feel like writing my own blur today and I thought that was well written.

Note how it does say both fiances and spouses are disclosed the information. When a broker is involved there are all kinds of laws they must abide by with background checks and disclosures so the Act double checks they did what they were suppose to. When theres no broker- the USCIS pretty much steps in and plays middleman and says hey! did ya know the USC has this in their past???

So if you are the USC and you fill out the 129 you are suppose to turn in your stuff with it so DHS doesnt have to dig it up and they present it. If you fill out the 130, well DHS will still dig it up and present it. None of it will stop the visa unless the alien says they dont want to go through with it- OR is totally caught of guard in the interview and it causes doubts to the Officer that you guys dont have a real relationship because you know nothing about each other like these glaring parts of each others lives.

Now full disclosure- there have been many many reports from people who have stated that they fully expected to have issues in the interview regarding IMBRA type things- (past drug convictions of the USC, old restraining orders from ex lovers and the what not) things that should have been disclosed and presented to the alien just like the technically letter of the law states and the fancy IMBRA propaganda promises- but low and behold nothing- nada is mentioned to them. They have a quick and easy how do you do maam interview.

So results can and do vary/

---

For the OP I would say everyones case moves at different speeds. I would take into account that you have past charges that they are most likely researching so that is adding time. I would stay on it in regards to processing times and once you bypass them not be afraid to seek outside intervention to keep it moving such as service requests or congressmen. Quite often you see people on here who have sat silently waiting and waiting and they just keep waiting. Others squeak and squawk and they do say the squeaky wheel gets the grease.

[Jawaree 717]

You will probably need a waiver.

Waiver for USC petitioner?....just asking, don't know for K1

but its not needed for spousal, but beneficiary needs to

know about the crimes & all details

[Hypnos 6,576]

Waiver for USC petitioner?

No, probably not. OP didn't specify they were the US citizen, so their criminal history will probably have little bearing in the situation.

Since it appears the OP has three drug-related convictions then this information will be disclosed to the beneficiary at their interview. This is mentioned under IMBRA in the I-129F instructions.

I doubt it will prevent the visa from being issued, though.

Edited May 9, 2015 by Hypnos

[Unshakable Faith 493]

Yes I am the USC

Yes I am the USC

OP posted at the very beginning of this thread that they were the USC.

To the OP, as other people said, read the instructions for the I-129F. There is information on there pertaining to past convictions. And congratulations on your lifestyle change! Some people die in their drug addictions and I'm glad you came out on the upper side! Keep pressing through!