Jump to content

PLEASE HELP! 1-601 waiver for K1 Visa - Do we even have a chance? - Confused

2 posts in this topic

Recommended Posts

Hi World,

My fiancee had his K-1 visa interview with the U.S. Consulate in Australia. His visa was denied because of a past drug offense that occurred there 9 years ago.

The offense was “possession of a prohibited drug with NO conviction” - Section 10 in Australia. (Background of the story - he was young, dumb, and found at a music festival with two ecstasy pills in his pocket.) In Australia, Section 10's are kind of your get out of jail free card... no jail, arrest, or conviction on your record if it's a first time offense.

He has never had any problems or offenses since then, has had a long-term job, and is a respectable member of the community.

The Consulate clerk told us that even though it wasn’t a conviction his visa would not go forward, but that we do qualify to apply for a Section 212 (a)(2)(A)(i)III) waiver.

I am a bit confused on what happens from here. Do we even have a chance? I’ve read conflicting reports about the U.S. and drug offenses, and am not sure what lines are crossed between what the U.S. considers a conviction and what Australia does. I've read many sites that say a waiver is only available for a single offense of a small amount of marijuana.. but if that was so, then why would the consulate say we qualify for the waiver? Would we have a chance if we hired an immigration lawyer?

I am so confused and exhausted by this all... if anyone has some advice or has been through this before, it would be a ton of help. I appreciate you reading this!

Take care and good luck on this journey.


Share this post

Link to post
Share on other sites

If the embassy stated the beneficiary is eligible for a waiver, then yes that means you have a chance. You should contact a reputable experienced immigration waiver attorney. Lizz Cannon is highly respected and gives free consults.


Time to start doing some research. Review the waiver forum here and you can also go to immigrate2us.net

Share this post

Link to post
Share on other sites
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.