K1 visa first approved, then refused

[Axlingen 6]

Hello, 

 

Let's start from the beginning. 
My fiancé (who is the USC) and I (I am from Norway) filed our K1 visa December 3rd 2020. August 2021 we were approved. December 9th I had to go to the US embassy in Stockholm, Sweden for my interview. 
Everything was looking, and I had all my papers in order. My criminal record was not clean. I had a fine from January 2007 for admitting to have bought and smoked one user dose of marijuana during a vacation in Spain, December 2006. This was during an interview with the military here in Norway, where they asked me if I had every tried any drugs. I was honest and told them I tried marijuana once. I was 19 and didn't think much of it. They sent my interrogation papers to the police, and I got a fine. It should be said that during my stay in Spain, cannabis is decriminalized and I should not have agreed to that fine in the first place. Again, I did not know this at the time. Also I didn't think it would matter at any point since it was only a fine. 
When I handed in the papers to the first person at the embassy, he asked me about the fine, I told him what it was, and he couldn't imagine this was going to be a problem. At the interview, the woman who interviewed me asked me about it as well, she kinda laughed at it, carried on and told me everything looked good. They were going to finalize the papers and ship everything back to me. 
I left a happy man! 
Hours later they requested my court orders for my fine, which I honestly didn't think exist. I contacted the police station the next day, got the documents I needed, got it translated and emailed it back two days after my interview. My interview took place on a Thursday. Following Tuesday I got an email saying my visa was refused. 
Now we have to file a I-601 and wait even longer... 

So for those of you who wonder if a small thing on your record matters, it does... 

[Mrs Lee 3]

29 minutes ago, Axlingen said:

Hello, 

 

Let's start from the beginning. 
My fiancé (who is the USC) and I (I am from Norway) filed our K1 visa December 3rd 2020. August 2021 we were approved. December 9th I had to go to the US embassy in Stockholm, Sweden for my interview. 
Everything was looking, and I had all my papers in order. My criminal record was not clean. I had a fine from January 2007 for admitting to have bought and smoked one user dose of marijuana during a vacation in Spain, December 2006. This was during an interview with the military here in Norway, where they asked me if I had every tried any drugs. I was honest and told them I tried marijuana once. I was 19 and didn't think much of it. They sent my interrogation papers to the police, and I got a fine. It should be said that during my stay in Spain, cannabis is decriminalized and I should not have agreed to that fine in the first place. Again, I did not know this at the time. Also I didn't think it would matter at any point since it was only a fine. 
When I handed in the papers to the first person at the embassy, he asked me about the fine, I told him what it was, and he couldn't imagine this was going to be a problem. At the interview, the woman who interviewed me asked me about it as well, she kinda laughed at it, carried on and told me everything looked good. They were going to finalize the papers and ship everything back to me. 
I left a happy man! 
Hours later they requested my court orders for my fine, which I honestly didn't think exist. I contacted the police station the next day, got the documents I needed, got it translated and emailed it back two days after my interview. My interview took place on a Thursday. Following Tuesday I got an email saying my visa was refused. 
Now we have to file a I-601 and wait even longer... 

So for those of you who wonder if a small thing on your record matters, it does... 

It really depends upon what that small thing is…everything is all spelled out in the REASONS for DENIALS of the IMMIGRATION LAWS…

[Axlingen 6]

Just now, Mrs Lee said:

It really depends upon what that small thing is…everything is all spelled out in the REASONS for DENIALS of the IMMIGRATION LAWS…

Well, I had a fine for buying ONE user dose of marijuana, 15 years ago. That was enough. That is a small thing I would say. 

[Mike E 11,739]

17 minutes ago, Mrs Lee said:

It really depends upon what that small thing is…everything is all spelled out in the REASONS for DENIALS of the IMMIGRATION LAWS…

Drug convictions sometimes make one permanently inadmissible.  
 

This is a complex area of law from what I can tell. Since OP has indicated a waiver is needed OP should hire a competent immigration attorney who is a member of AILA, one with specific experience in drug related waivers.  

Edited January 10, 2022 by Mike E

[Mrs Lee 3]

26 minutes ago, Mike E said:

Drug convictions sometimes make one permanently inadmissible.  
 

This is a complex area of law from what I can tell. Since OP has indicated a waiver is needed OP should hire a competent immigration attorney who is a member of AILA, one with specific experience in drug related waivers.  

 

26 minutes ago, Mike E said:

Drug convictions sometimes make one permanently inadmissible.  
 

This is a complex area of law from what I can tell. Since OP has indicated a waiver is needed OP should hire a competent immigration attorney who is a member of AILA, one with specific experience in drug related waivers.  

I Agree 

[Mrs Lee 3]

45 minutes ago, Axlingen said:

Well, I had a fine for buying ONE user dose of marijuana, 15 years ago. That was enough. That is a small thing I would say. 

Yes, I understood that…and again, there are Immigration Laws in place for certain crimes, yours being one of them.  But that is why we must check the Laws, and get Legal assistance in cases such as these, when we aren’t very sure of them ourselves.  Otherwise, it could lead to DENIALS, APPEALS, and extra costly fees.  I only mentioned that it depends upon what little thing it might be, because of the statement that you made concerning past criminal behaviors affecting the outcome.  Best of luck to you!

[powerpuff 6,594]

~ Moved from K1 Process to Progress Reports ~

[SalishSea 17,713]

15 hours ago, Axlingen said:

Well, I had a fine for buying ONE user dose of marijuana, 15 years ago. That was enough. That is a small thing I would say. 

As absurd as it is, the consular staff never should have indicated it was not a problem.  Unlike some aspects of visa approvals, things that pertain to inadmissibilities (such as criminal history) are not discretionary at the time of interview.

 

Luckily with the waiver system in place, there is a work-around, but I agree that once it gets to the point of needing a waiver, it is no longer DIY.   You need a good US immigration lawyer.

[CMJuilland 485]

Without wanting to be an alarmist, but have you disclosed this, e.g. on ESTA forms or in response to other questions?  The U.S. takes drug charges extremely seriously, and even though marihuana is now legal or decriminalized in many states, it's still a class 1 drug on the federal level.  So, not mentioning this might be looked at as misrepresentation (I hope not), but I would say, if omitted (on purpose or not), this is definitely something to bring up with your lawyer once you get one. 

I'm having my fingers crossed for you! 

Edited January 11, 2022 by CMJuilland

[SalishSea 17,713]

11 hours ago, CMJuilland said:

Without wanting to be an alarmist, but have you disclosed this, e.g. on ESTA forms or in response to other questions?  The U.S. takes drug charges extremely seriously, and even though marihuana is now legal or decriminalized in many states, it's still a class 1 drug on the federal level.  So, not mentioning this might be looked at as misrepresentation (I hope not), but I would say, if omitted (on purpose or not), this is definitely something to bring up with your lawyer once you get one. 

I'm having my fingers crossed for you! 

Good point.  That could lead to an inadmissibility for which a waiver would need to be applied.  Material misrepresentation.

Edited January 12, 2022 by Jorgedig

[MarJhi 930]

On 1/10/2022 at 1:25 AM, Axlingen said:

"My interview took place on a Thursday. Following Tuesday I got an email saying my visa was refused."

Did they say specifically why it was refused? Is it possible it was something else but you are assuming it was the marijuana charge?

[Crazy Cat 41,587]

On 1/10/2022 at 2:58 AM, Axlingen said:

Well, I had a fine for buying ONE user dose of marijuana, 15 years ago. That was enough. That is a small thing I would say. 

Marijuana use is a FEDERAL crime in the US. Drug use is no small thing to immigration authorities. 

[Crazy Cat 41,587]

On 1/10/2022 at 2:25 AM, Axlingen said:

When I handed in the papers to the first person at the embassy, he asked me about the fine, I told him what it was, and he couldn't imagine this was going to be a problem. At the interview, the woman who interviewed me asked me about it as well, she kinda laughed at it, carried on and told me everything looked good.

Visas are never approved until after the interview and ALL administrative processing is complete and checked.  Consulate Officers often give the impression that they immediately approve visas......they don't.  There are cases which even went into extended administrative processing for many months after the CO said "approved".  The omly real indication of approval is when the CEAC status changes to "Issued".