My foriegn fiance has a criminal record

[baron555 934]

Some people have been able to do drug testing or drug rehab to help their case. But find an expert opinion.

There might be a way.

Drug possession and more specifically drug trafficking does not automatically mean they were users.

[IcezMan_IcezLady 582]

Drug possession and more specifically drug trafficking does not automatically mean they were users.

You are right...

The once I've read about were users not "traffickers" so OP needs to speak to an expert.

[Boiler 43,630]

Theoretically a D3 waiver for a non immigrant visa could waive this but a very long shot.

The conviction is not clear but if it is anything like what it sounds like there will be no K1.

I see someone suggested another country, what other country would accept someone with such a conviction?

[southcoast 27]

I don't think that it is likely he will be coming to live in the US. The only waiver available for drugs is in the case of simple possession of a small amount of marijuana- and this is only available to spouses, not fiancés. It is true that a D3 waiver could theoretically get him in the door as a non-immigrant (k-1), but he would be unable to adjust. About the only way around this is to speak to a criminal defense lawyer in the jurisdiction of the conviction, and find out if there is some sort of post-conviction relief available.

[LionessDeon 2,060]

I don't think that it is likely he will be coming to live in the US. The only waiver available for drugs is in the case of simple possession of a small amount of marijuana- and this is only available to spouses, not fiancés. It is true that a D3 waiver could theoretically get him in the door as a non-immigrant (k-1), but he would be unable to adjust. About the only way around this is to speak to a criminal defense lawyer in the jurisdiction of the conviction, and find out if there is some sort of post-conviction relief available.

This is not true. My lawyer and the waiver paperwork state that a fiancé is a qualified family member able to file a waiver. My lawyer is a very reputable immigration attorney. She told me our chances of approval are NOT diminished because we are not yet married.

[Unidentified 2,930]

Theoretically a D3 waiver for a non immigrant visa could waive this but a very long shot.

The conviction is not clear but if it is anything like what it sounds like there will be no K1.

I see someone suggested another country, what other country would accept someone with such a conviction?

Well since Sweden seems to be forgiving "former" ISIS members I'm sure they won't mind taking someone in with a drug trafficking conviction...

Ok seriosuly though, I don't think you have a chance going the K1 route. You might have a chance with spousal and a waiver but what's the backup plan if that fails?

[southcoast 27]

This is not true. My lawyer and the waiver paperwork state that a fiancé is a qualified family member able to file a waiver. My lawyer is a very reputable immigration attorney. She told me our chances of approval are NOT diminished because we are not yet married.

There is no waiver available for drug crimes except for simple possession of less than 30 grams of marijuana. I am glad that a waiver in your case, but obviously your spouse has not been convicted of selling drugs.

[LionessDeon 2,060]

He's not my spouse yet. My point was fiancé's can file waivers

[Boiler 43,630]

He's not my spouse yet. My point was fiancé's can file waivers

Of course they can.

[LionessDeon 2,060]

I don't think that it is likely he will be coming to live in the US. The only waiver available for drugs is in the case of simple possession of a small amount of marijuana- and this is only available to spouses, not fiancés. It is true that a D3 waiver could theoretically get him in the door as a non-immigrant (k-1), but he would be unable to adjust. About the only way around this is to speak to a criminal defense lawyer in the jurisdiction of the conviction, and find out if there is some sort of post-conviction relief available.

Edited January 25, 2016 by LionessDeon

[southcoast 27]

I should have been more clear I guess. A fiancé can file a waiver request and can be granted a conditional waiver which will take effect upon marriage. The fiancé is then admitted on a D3 waiver. The statute does not allow the waiver until the couple is married. I didn't get into this nuance because I was concerned that the OP was under the impression that a waiver is available to "drug traffickers" which is not the case. Anyway, I am happy for you that a waiver seems available in your case.

A.L.R. Library

West's A.L.R. Digest, Aliens, Immigration, and Citizenship ​190

Consular officers are to determine eligibility for K-1 visa applicants as if they were applying for an immigrant visa.¹ If the American consul is satisfied that a fiancé(e) beneficiary is inadmissible on a ground which, when the beneficiary marries the petitioner, may be waived under INA § 212(g) (waiver of health-related grounds), (h) (waiver of criminal and related grounds) or (i) (waiver of grounds relating to illegal entry) [8 U.S.C.A. § 1182(g), (h), or (i)], the beneficiary is permitted to file an application for such waiver on Form I-601 (Application for Waiver of Ground of Excludability).²

The consul's recommendation and Form I-601 are sent to the USCIS officer to whom the consul routinely sends such recommendations.³ When a determination is made by either the consul or by the USCIS officer that the applicant would be eligible for the requested relief in all respects when married to the citizen petitioner, the Form I-601 application is granted conditional upon the applicant's concluding a valid marriage with the petitioner in the U.S. within 90 days of arrival.⁴ The recommendation for temporary admittance pursuant to INA § 212(d)(3)(A) [8 U.S.C.A. § 1182(d)(3)(A)] may then be approved and notification sent to the consul together with the K petition, and other file material may be forwarded to the file control office having jurisdiction over the alien's place of intended residence, to be filed in the A file.⁵

Edited January 25, 2016 by southcoast

[Avery Cates 1,141]

Hello all--

After doing some research today, it looks doubtful that my foreign fiance will be eligible for a K1 visa like I originally thought. He had a petty drug offense but he was charged as a trafficker despite having a small quantity and spent 2.5 years in prison--his home country has a very serious stance on drug offenses. He had two different types of drugs and not only marijuana. It seems that that precludes him from getting the K1 visa. Am I correct?

Do you think he would be a good candidate for a waiver? He is an artist and not involved in drugs at all anymore, he has been out of prison since 2013. Any way it might be possible for us to live in the US together and for him to immigrate?

Also, how important is it that he speak English before his interview? We communicate in his native tongue.

Thank you for your help.

Charged and imprisoned as a trafficker?

It's most likely a bust.

[Harmonia 211]

A person is not eligible to apply for a K-1 visa or any other kind of visa that would grant them legal entry into the United States if he or she:

Has HIV any other type of communicable disease.Have a physical or mental disorder that could cause them to harm others.Has a record of drug abuse.Has a criminal record.Is directly related to a known drug trafficker and may have consciously benefited from money resulting from the sale of narcotics.Has ever committed espionage or sabotage.Belongs to a totalitarian party.Is a Nazi or has ever taken part in propagating any kind of genocide.Has ever lied by illegally claiming to be a U.S. citizen.Has spent time in the United States illegally.Has ever been deported or asked to leave the U.S.Is married to more than one person.Has abducted a child over international borders.Is subject to the two-year foreign residency requirement under a J-2 or J-1 exchange visitor visa.Would have no means of financial support once they had entered the United States.Has ever committed marriage fraud.

This is all I found, 2.5 years usa might not consider petty. Not sure on waivers but I am sure someone will chime in. Good luck

So...people started talking about HIV, but this list says has a criminal record or is directly related to a known drug trafficker and may have consciously benefited from money resulting in the sale of narcotics.

No go is my guess.

I'd find out the exact charge in his country (which country?), but for charges in the US, they won't give a waiver if someone's been charged even with possession of, for instance, cocaine. Let alone selling it. I'm sorry that it looks like the K1 is a no go.

Regarding the OP's original question, language doesn't matter. The visa interview is conducted in the country's language.

[verysadguy 170]

I'm sorta shocked folks are trying to find a way around this vs. suggesting counseling and moving on. This K-1 with a criminal record is really suspicious to me. And we have very limited details related to how the romance began, grew etc.

[Boiler 43,630]

Looks outdated.

Waivers are sent to the Lockbox and have for some time.

I should have been more clear I guess. A fiancé can file a waiver request and can be granted a conditional waiver which will take effect upon marriage. The fiancé is then admitted on a D3 waiver. The statute does not allow the waiver until the couple is married. I didn't get into this nuance because I was concerned that the OP was under the impression that a waiver is available to "drug traffickers" which is not the case. Anyway, I am happy for you that a waiver seems available in your case.

A.L.R. Library

West's A.L.R. Digest, Aliens, Immigration, and Citizenship ​190

Consular officers are to determine eligibility for K-1 visa applicants as if they were applying for an immigrant visa.¹ If the American consul is satisfied that a fiancé(e) beneficiary is inadmissible on a ground which, when the beneficiary marries the petitioner, may be waived under INA § 212(g) (waiver of health-related grounds), (h) (waiver of criminal and related grounds) or (i) (waiver of grounds relating to illegal entry) [8 U.S.C.A. § 1182(g), (h), or (i)], the beneficiary is permitted to file an application for such waiver on Form I-601 (Application for Waiver of Ground of Excludability).²

The consul's recommendation and Form I-601 are sent to the USCIS officer to whom the consul routinely sends such recommendations.³ When a determination is made by either the consul or by the USCIS officer that the applicant would be eligible for the requested relief in all respects when married to the citizen petitioner, the Form I-601 application is granted conditional upon the applicant's concluding a valid marriage with the petitioner in the U.S. within 90 days of arrival.⁴ The recommendation for temporary admittance pursuant to INA § 212(d)(3)(A) [8 U.S.C.A. § 1182(d)(3)(A)] may then be approved and notification sent to the consul together with the K petition, and other file material may be forwarded to the file control office having jurisdiction over the alien's place of intended residence, to be filed in the A file.⁵