Campanita

Thanks everyone for your input. I consulted with an immigration attorney who specializes in the kind of stuff and got my answers.

I am pretty sure convictions do show up on the screens. That is what worries me.

JIM,

The INA 212(a) is what I was referring to. There seems to be an exception clause (for which my husband falls under). So that is why I am not sure if he is safe or does need that waiver. Can we apply for waiver on the spot if he needs it?

INA § 212(a)(2)(A)(i)(II)

(II) a violation of relating to a controlled substance is inadmissible.

(ii) Exception Clause

(II) the maximum penalty possible for the crime of which the alien was convicted (or which the alien admits having committed or of which the acts that the alien admits having committed constituted the essential elements) did not exceed imprisonment for one year and, if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed).

Here is situation: Husband is permanent resident of US (4 years). 9 months ago he was convicted of a first time simple marijuana possession (less than 30 grams), no jail time, 3 years unsupervised probation. We live in 9th Circuit District. He was told by attorney he could travel back to his home country, which he did. He is now coming back and I suspect the attorney was mistaken and he is going to have trouble upon arrival at the airport.

My confusion: Is he inadmissable or not, I cant figure it out and i dont have $2000 to get another lawyers opinon. If he is inadmissable, can he apply for waiver on the spot (he has not been in the country more than 7 years)? OR IS he admissable because his convicted crime was punishable by less than 1 year, etc.: See Exeception clause below and if you know the answer PLEASE HELP. I am worried, as you can imagine.

INA § 212(a)(2)(A)(i)(II)

(II) a violation of relating to a controlled substance is inadmissible.

(ii) Exception Clause

(II) the maximum penalty possible for the crime of which the alien was convicted (or which the alien admits having committed or of which the acts that the alien admits having committed constituted the essential elements) did not exceed imprisonment for one year and, if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed).

Here is situation: Husband is permanent resident of US (4 years). 9 months ago he was convicted of a first time simple marijuana possession (less than 30 grams), no jail time, 3 years unsupervised probation. We live in 9th Circuit District. He was told by attorney he could travel back to his home country, which he did. He is now coming back and I suspect the attorney was mistaken and he is going to have trouble upon arrival at the airport.

My confusion: Is he inadmissable or not, I cant figure it out and i dont have $2000 to get another lawyers opinon. If he is inadmissable, can he apply for waiver on the spot (he has not been in the country more than 7 years)? OR IS he admissable because his convicted crime was punishable by less than 1 year, etc.: See Exeception clause below and if you know the answer PLEASE HELP. I am worried, as you can imagine.

INA § 212(a)(2)(A)(i)(II)

(II) a violation of relating to a controlled substance is inadmissible.

(ii) Exception Clause

(II) the maximum penalty possible for the crime of which the alien was convicted (or which the alien admits having committed or of which the acts that the alien admits having committed constituted the essential elements) did not exceed imprisonment for one year and, if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed).

It is not faster to apply for a K1 Visa if you qualify to file for DCF straight from the US embassy in CR. My husband and I were married in CR , paid an attorney extra to expediate the marriage license, applied for his Visa, and he arrived here in the US less than 4 months from the date we were married. It was a piece of cake! Now, that being said that was 3 years ago and there was not the rule of having to be a permanent resident for 6 months beforehand. But, I would call the embassy directly and ask them if they really abide by that rule. When we married 3 years ago the website said we could not even do DCF and we obviously did!

Sorry for the confusion, I meant to add that yes, he has his green card. Thanks for the responses. Much appreciated.

My husband has been in his native country, Costa Rica for quite some time now and is returning home to me next month. It just dawned on me that his date of return is 6 months AND 3 DAYS from the date he left. Are they strict on the 6 month rule for re-entry? Will 3 days make a difference. He did not ask for permission to stay longer as we did not expect him to stay this long. Please advise. Thanks!

I was married in Costa Rica over two years ago to a Costa Rican. We live in California and he has his 10 year green card. My question is we NEVER took the marriage license from Costa Rica and had it validated here. This did not seem to matter for getting the green card, but will it matter for anything else? I was just thinking that we ever wanted to get divorced here, we really cant because there is no record of the marriage here. We just have our marriage license from Costa Rica. We file our taxes together and have joint acocunts etc. and I really dont want to have it validated here if there is no reason too.

I just wanted to say that this VisaJourney has been incredible. I have relied on the information, advice, and experience of this board for the past 3 years. From the time I began to research the various options for obtaining a visa for my husdband to TODAY, when his ten year green card came in the mail. You guys are wonderful and I honestly believe this board is 1000 times better than hiring an attorney (unless of course you feel you have to). All the information I ever needed I found here. What a comfort it was.

I was a bit nervous about getting and RFE because although we had a lot of evidence, we also had a few things that I thought might really work against us, but not only was he approved, the approval and the card arrived just 3 months after filing. Life is good. Thanks.

Thanks so much for the information. Although I dont use this board that often, when I do I am always amazed at how helpful and friendly everyone is. THis board is such a wonderful resource. It has helped me remain calm through this entire journey that is not over yet.

We got extension letter and appt. for biometrics which is next week. My husband wants to go to Costa Rica for a couple months right after this appt. Any guesees on how long the wait might be from after the biometrics appt. to either getting the 10 year green card, and RFE or request for interview? Obviously I can do the RFE without him being here, but if we get called for an interview, can we rescehduled until he gets back? Does anyone know estimated time frames for this stuff? We are in California. Thanks for any guidance you can give us.

My husband received his NOA, receipt letting us know green card is extended one more year, now wait for biometrics appt. I have two questions

1. THe NOA stated "if you have not already done so please provide supporting documents to assit USCIA in processing your petition". We did send all that information in, is this just a standard sentence that everyones receipt says? Might we get a RFE later on or because we got this receipt does it mean they have enough evidence. I am a bit confused/

2. Any ideas on the approx. time frame from date of filing to getting the biometrics appt.? My husband would like to go back to Costa Rica for a month or so but thinking we should wait, otherwise would have to come back if biometrics letter comes in.

Thanks for guidance as always.

We are about to submit I-751 paperwork for my husband. His green card expires June 29. My question is can we travel out of the US with his old green card and the one year exentsion letter once he receives it OR does he have to go get his passport stamped?

We do not have to include copy of passport for I-751, correct?

My husband has only been in the US 1.5 years now and has his permanent resident card (2 year conditional visa. We would be applying to lift conditions in March) However, we are moving back to Costa Rica next month. It would be a shame for him to loose his permanent resident status as it would be nice to be able to travel with him to the States for visits. However, I dont think that is possible if we are not going to live here, am I correct? We will have a permanent mailing address here in the US but will obviously have nothing else.

Did you file for the marriage certificate yourself or did your attorney do it? If it was done by your attorney (or the person who married you) I would suggest checking back with them every month. I have heard they tell you its a month for the certificate but it is actually more like 4 months. So, I would keep inquiring.

My husband has a CR-1 visa and his green card which is good for two years. he is able to travel out of the US right now and has done so. However, I heard somewhere that once we file to lift conditions they will tell him he cant travel out of the country for a certain amount of time. Does anyone know if this is true and for all how will travel be restricted?

Thanks everyone, and sorry for the confusion. I should have posted on the Liftting conditons board not AOS (I was confused). Here is the situation, my husband does not have K-3 Visa he has a CR-1 Visaa and yes, I meant two year green card not visa. Sorry! We filed for DCF in Costa Rica. He has his green card which is good for two years and then we have to file for lifting conditions. He is free to travel now but I heard somewhere that once we file to lift conditions they will tell him he cant travel out of the country for a certain amount of time. Can anyone point me in the right direction to find out if this is so? You guys are most wonderful.

My husband has his 2 year conditional visa. (Right now he is able to travel back home to Costa Rica and has done so but I have heard that once we file for AOS he will have to wait 2 years to travel out of the US? Is the correct? Or is it just from the time we file to the time we are approved that he cant travel? Please advise.

THANKS!

Costa Rica does offer DCF (although they do not advertise themselves as DCF, they are). I am an American married to a Costa Rican, we got married in CR and applied for his visa in CR and it was all very easy. Well, the paperwork is not easy but the actual interview was a piece of cake and my husband received his permanent resident card in the mail one month after he arrived in the States. I highly recommend going the DCF route!

I would defintely get married in Costa Rica and apply for the visa there, it will be much faster. I married my costa rican husband and applied for the visa in Costa Rica and the entire process took 2 months (we paid extra for an expediated marriage certificate). It was surprsingly very easy.

One week for us.

My husband has a visa, we are waiting for the green card to arrive in the mail --- any day now. However, he needs to travel back home, I understand he can do so with his Visa, but does he need to travel with the green card also? Please advise.

My husbands green card has not arrived in the mail yet? Where do I call to find out status?

We live in California.

My husband has his immigrant visa, we have not been married two years yet so it's a conditional visa. What does that mean as it relates to traveling outside of the US and back to his home country? We are going to want to go back a few times a year. Can we do so?