Muffino

I see- that does make sense, and it's not a process to play cute with either, obviously. So, the other question I'd have is- What would be smarter/more expedient, applying jointly from Korea, or working on things in the U.S. and Korea separately? I've heard about some fast turn-around times at the American Embassy in Seoul for CR-1s (under 3 months), but it seems to take much longer for spouses working on this from Korea and the U.S. simultaneously. What would you recommend? I really appreciate the feedback so far, by the way.

What do you mean about working on things in the U.S. and Korea separately? do you mean you going to the U.S. first and then waiting for your wife to join you? The fastest turnaround time would be for you to live in Korea for over 6 months and then applying for a CR-1 visa. In that case the application will be processed in Korea and the turnaround time is less than 3 months.

Do you have any plans to come to Korea any time soon?

What do you mean by a minor record? do you mean it was not serious or do you mean she was a minor at the time? If she was a minor at the time then she wouldn't need a waiver at all.

A K-1 visa is technically a non-immigrant visa so a 601 waiver (which is only for immigrant visas) is incorrect. The standard for a non-immigrant visa is not extreme hardship but it's different (recency, rehabilitation, etc). And a marijuana conviction is extremely serious and the chances of getting a waiver are very low and not worth the effort. You're better off getting married and applying for a CR-1 visa waiver which then means you can do a 601 waiver and the standard is extreme hardship.

I'm going to guess your attorney is located in the U.S. and doesn't have much experience with visas. I suggest you consult an attorney that has experience with visas and has experience with waivers. The attorney should ideally be preparing you for the waiver a year in advance to increase your chances of getting the waiver.