K-1 with Marijuana dismissal

[AdviceNeeded0 0]

Hey there, last year (2015) I studied in Colorado on a J-1 visa as an exchange student! I was 20 years old and was given a citation ticket for the charge of - possession/consumption of marijuana as a minor (as it is legal in the state and I was not 21!)

The ticket was given to me and one other because there was Marijuana in our student apartment which belonged to our roommate who had a medical Marijuana card but the rest of us still got tickets because the college police assumed me may have consumed it which we didn't ?

The ticket meant I had to go to a hearing at court in which I was offered a deferred prosecution which meant that I didn't have to enter a plea and if I went to a basic class and didn't consume any again until 21 (I don't use it so that wasn't an issue) then it would be dismissed. The case was dismissed and charges dropped weeks later and sealed. I was never booked (fingerprinted)

This ordeal has been a huge issue in my mind and I was wondering how immigration would view this charge which was dismissed without any plea of finding of guilt? I want to apply for a K-1 in the next year or two but was wondering for advice?

I was granted a B-2 visa to visit my girlfriend in November 2015 with no issue after I declared this (I know it's just a non immigrant visa) and visited last month without any issue.

I would pass a drug test etc but would an ticket which was dismissed without an plea cause me issues?

Any advice or success stories would be amazing

[xarnthal 0]

Would love to know related stories to this. The horror stories from years ago about people having to wait a year and do random drug tests because of taking weed at a party years in their past are frightening.

[jan22 3,056]

Since you disclosed it during your Nov. 2015 visa application (takes care of the Department of State) and used the visa to enter the US (takes care of the Homeland Security part), you shouldn't have any future problems -- both of the entities that could find you ineligible accepted your explanation...although you should probably be prepared to explain it whenever necessary.

[AdviceNeeded0 0]

Yeah I got the b-2 but would I be able to get a K-1 under the same circumstances? From what I have researched, since the case was dismissed without a plea or finding of guilt then It still isn't seen as a conviction under immigration law?

[jan22 3,056]

The same ineligibilities exist for a K-1 as for the visitor's visa -- so, if you were weren't inelibible for the B visa because of it, it won't cause any issues with the K visa either.

[AdviceNeeded0 0]

That's a relieving thing to here! Is there any ineligibilitys that the K-1 has that the B-2 didn't? Or are they the exact same?

I'm pursuming that after what you said I should be good since I was eligible for the B-2 and I was not convicted in any way