MajkC

Not withstanding the arrest (whether it was legal or not) and the overstay... your other issue is going to be the consumption of pot. While a few states have made the possession legal, it is still illegal federally. Immigration is in federal domain, and the fact you possessed pot and or consumed it is going to come up during the medical. You will be asked questions as to drug use. Unfortunately it doesn't matter if it was a one-off, a small amount, medicinal, or a million other ways to explain it... it's going to have to be explained and it is up to the panel doctor whether it's going to be let slide on the one hand... and then on the interviewing officer for the rest of it. You'll need to be digging into records and consulting a lawyer for immigration matters (and a good one).

By records, do you mean records of cases that set a precedent on the matter?

I am unsure as to the nature of the dismissal itself, but does the outcome of a dismissal not have any effect on my standing with immigration? I believe I was profiled, unlawfully arrested & heavily over charged (a schedule 3 felony which is the equivalent of being in possession of 5lbs of marijuana)

Actually, they don't have to read you your rights. That's just required in movies.

The overstay won't matter but the arrest will, even though the case was dismissed. I would talk to a lawyer. You might be better off going the CR-1 route rather than fiancé. With the CR-1, there are waivers for these kind of things. Not sure whether or not the same applies for a k-1.

I see, that intrigues me to hear. Do you have any idea why the case may have been dismissed 'in the interest of justice' then? It was my understanding that it was the arresting officers' lack of adhering to process that clinched the dismissal. I would like to think that given the case was dismissed it would be looked upon sparingly in light of my visa application. (man can dream)

The nature of the arrest is what you should worry about. You need to get documentation about the arrest & the court case as the Embassy will ask for it.

What documentation do you think? I have ready the dismissal which states that the case was dismissed "in the interest of justice" and also a complete conversation with the Judge confirming the receipt of my check-ins. (My bond conditions were that I checked in with her once weekly to log my location with in the US.)

Will the focus be on the nature of the arrest, even though the case ultimately was dismissed in the interest of justice?

It is my understanding that the stop and search was illegal because the arresting officer failed to read me my rights prior to the search and my detention. I was arrested for being in possession what they deemed was 1-4g of a cannabis concentrate (schedule 3 felony).

So, to your knowledge Mallafri76, the overstay of less than 180 wouldn't negatively impact my attempt to move to the US to marry my fiancé?