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Hi i really need your opinions,  my fiance from US was convicted with marijuana almost 20 years ago. Would it be a problem he will petition me for a k1 visa.  He's in the process of having the case expunge. 

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43 minutes ago, Jan93 said:

Hi i really need your opinions,  my fiance from US was convicted with marijuana almost 20 years ago. Would it be a problem he will petition me for a k1 visa.  He's in the process of having the case expunge. 

Shouldn't be a problem if he is honest. He needs to realize that even expunged conviction needs to be revealed. He has to be complete honest about his history. Expunged cases are found in the background checks.

Edited by NuestraUnion

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made; whether it is time, money, or separation or a combination of any or all.” - NuestraUnion

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No.. It will not be a problem.. Just answer all the questions truthfully and submit all the required documents.. 


Our Timeline:

(L)2015(L)

03 Nov - met online app (Skout)

(L)2016(L)

18 Jan - became couple officially

(L)2017(L)

15 Sep - met for the first time in person (Singapore to USA - 2 weeks)

(L)2018(L)

03 Feb - met for the 2nd time (USA to Singapore - 2 weeks)

08 Feb - got engaged 

22 Aug - I129f sent (DIY)

29 Aug - NOA1

          list of worries before approval:

          1) submitted 1 statement/letter of intent both signed by the pet/ben

          2) petitioner's accidentally/stupidly committed DWI after i129f submission

01 Sep - met for the 3rd time (Singapore to USA - 2 weeks)

(L)2019(L)

16 Jan - NOA2 (140 days from Noa1 - No RFE)

06 Feb - case received by NVC (21 days from Noa2)

08 Feb - case number received

WAITING FOR PACKET 3 FROM EMBASSY

May 2019 - 4th meeting :goofy:

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Just one conviction all those years ago? Shouldn’t be an issue. And you know all about it, which is good. One thing that is frowned upon is the petitioner hiding such things from the beneficiary.


 

 

 

 

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8 minutes ago, Jan93 said:

Yes only 1 conviction.. He was honest about it since the first day i met him.. 

My husband has a felony from 20 years before I met him. We did a spouse visa so it’s slightky different but it wasn’t an issue although I was asked about it at the embassy interview. 


 

 

 

 

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1 hour ago, JFH said:

Just one conviction all those years ago? Shouldn’t be an issue. And you know all about it, which is good. One thing that is frowned upon is the petitioner hiding such things from the beneficiary.

Frowned upon by whom?  Beneficary? CO?

 

From what  I have seen CO don't care about misdemeanors

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13 minutes ago, Chris Duffy said:

Frowned upon by whom?  Beneficary? CO?

 

From what  I have seen CO don't care about misdemeanors

Who said anything about a misdemeanor? She just said “marijuana” - could have been a misdemeanor with a gram in his pocket or a felony for transporting 400 pounds of it across a border with the intent to supply. No specifics were given. Suffice it to say, it was serious enough to cause a worry for the OP. 

 

Yes, the COs frown upon situations where beneficiaries are not aware of the specifics of the criminal background of the petitioner. There have been cases where female beneficiaries were not aware of the violent past of the petitioner, for example. In fact, the government is required to make the known criminal activity of the petition available to K-1 applicants

 

https://fam.state.gov/fam/09FAM/09FAM050407.html

 


 

 

 

 

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Given 

4 hours ago, Jan93 said:

Hi i really need your opinions,  my fiance from US was convicted with marijuana almost 20 years ago. 

What does that mean?

 

Caught smoking a joint?

 

Arrested for moving a ton of drugs from Mexico?

 

Do you know?

 

Smoking a joint while not driving. Probably no problem.

 

Trafficking drugs.  Probably big problem.  

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You should be okay as long as he discloses every arrest or conviction.  The question on the I-129F is very clear as to what arrests and convictions need to be disclosed.  Make sure he answers it completely and includes everything from his past that fits the criteria for disclosure.  There have been examples here on VJ of USC fiances who forgot about a little arrest for something many years ago and  it caused problems later on in the process, as everything will be found when the background check is done.  Be completely honest and provide all documentation from the court showing the details of the charges and the outcome.  Good luck with this long process!

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16 hours ago, carmel34 said:

You should be okay as long as he discloses every arrest or conviction.  The question on the I-129F is very clear as to what arrests and convictions need to be disclosed.  Make sure he answers it completely and includes everything from his past that fits the criteria for disclosure.  There have been examples here on VJ of USC fiances who forgot about a little arrest for something many years ago and  it caused problems later on in the process, as everything will be found when the background check is done.  Be completely honest and provide all documentation from the court showing the details of the charges and the outcome.  Good luck with this long process!

Disclosing ALL arrests and convictions didn't start until 2017. It used to just be specific crimes. Under the current rules every arrest must be disclosed. Only minor traffic violations don't have to be disclosed. Don't want 

Edited by Redheadguy03

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