Midnight-Sun

You may have a chance, depending on the drug involved, the quantity you were caught with, and how the crime is classified. If the crime is classified as simple possession, then it falls under 212(a)(2)(A)(i)(II) of the INA. In that case, if the drug were marijuana, and the quantity were 30 grams or less, then you'd be eligible to apply for a waiver under section 212(h) of the INA. Your visa will initially be denied at the interview. Your USC petitioner should start preparing the waiver application now so that you can submit immediately after the interview. A good US immigration attorney can make a big difference here.

If the crime is classified as trafficking, then it won't matter what the drug or quantity is. You are inadmissible, and not eligible for a waiver, according to section 212(a)(2)(C ) of the INA. From your description, I'm afraid it sounds like it would be considered trafficking. Unfortunately, that one simple act may have barred you from ever entering the US.

You can read the text of the law here:

http://travel.state.gov/visa/frvi/ineligib...ities_1364.html

Well, the thing is that it's still under investigation and as I said in my first post, here in Sweden your record is automatically deleted unless you commit and are charged for a new crime after 3,5 or 10 years. That means if I file for any visa (maybe even a tourist waiver visa) and they request a criminal record it will be clean. Not even the police will be able to see it if they search for my name. Of course the only papers of this will be any interrigation papers but this can not be pull out by anyone unless I'm charged for something else maybe. So I do wonder if I might try after my record is clean. And I do not know what I'll be charged for, I confessed to a lot of things that I only did because they were yelling at me and I knew they wouldn't believe me so I just admitted to a lot so they would just leave me alone. I can still change my confession and maybe it'll fall under possession because I only had 5 gram of marijuana and they didn't even find it but they can still prove I had it at some point but they didnt know the intentions of what I'd do with it.

Hi guys.

A lot of things happened this weekend, I got arrested for transfering of drugs which is a long long story but basically I held the drugs for a friend and did not earn any money or anything, I do not use drugs and I was basically the middle hand. I did a stupid mistake, I should have not done it in the first place and I do not know what the hell I was thinking about, but I confessed to doing it so and I'm not sure if this will impact on any future visa applies, me and my fiance still want to try to re-do the I-129F since it got denied because he lacked some missing paper but will this affect the papers? I have not been convicted yet and I'm still a suspect even though I confessed, and the police told me I wouldn't go to jail and would face a fine or community service and have a record for 5 years, in Sweden your criminal record is erased after 3,5 or 10 years depending on what crime you comitted and what penelty you got. A fine is the least serious penelty you can get for that crime and I do not know how this will impact my visa application?

I'm 20 years old, 21 in October and I read under the guidelines about criminal records and it does not look since it clearly said that the embassy looked seriously on drug trafficking which it basically is even though it's not really how it happened. What is our options? Should we try it before I get convicted, should he move here and get married or how should we do? Please help!

Thank you for your fast reply!

Well, of course there is no guarantee of entry even if I wasn't in their database, so even if would have gone separated ways this would still be a problem that could pop up whenever I want to visit the US? I have school and I'm about to move out with some friends, how could I bring strong ties home? Should I take a letter from my friends that confirm I'm living with them (one of them has the apartment in his name) and bring school books? Maybe a confirmation from my boss that I'm working there and planning to return back?

Hi!

Our petition I-129F (it before NOA1 and the whole package was sent back) was denied due to some paper issues about his divorce, and i'm just wondering if we are still in the system? Our petition are not obivously, but I mean do they have both of our names in their system? Like, if i wanted to visit him in the US, could the immigration officer see that I was the beneficiary for an K-1 visa and deny me entry because he/she think I'll stay? Or do USCIS have our names in their database and could see if our history with them if we chose to get married in another way?

thanks everybody for the support, and well better too late than never!

I'm sorry for your trouble. Have you or have you not received NOA1. Your signature says you did. From what I understand, since the petition is filed by the USC, it will be withdrawn by the USC as well. You could write a letter/fax/email to USCIS and explain the situation if your ex-fiance, who sounds like a real piece of work, doesn't co-operate. Good luck.

No i haven't recieved my NOA1, and he came with his thing about some agent to call him about the case (i've never heard them do this..) and i mean.. i dont think he did send the petitionl i think he was just after the money i put in for the fee. But anyway, I don't know how to try to withdraw a petition where i cant really cancel and how to ask them to cancel it if it haven't gone through their system..?

haha yeah, well i emailed him asking him to withdraw it. But i doubt he ever sent it in the first place, but i mean.. i dont want it to be a problem next time i want to travel to the US, because if i filed for a k-1 visa they'll think im trying to come to the USA to stay which i dont have any intentions of...

i want to but i dont know how to since im the benificary! and beside i dont even have a NOA1! at least not to my knowledge!

Hi guys!

My (ex) fiance have been cheating on me and has a 2-month year old son with another woman (!!!!) and somehow he decided one day that he was not gonna speak to me again and going to move in with the woman he has hated and talked bad about for years (he cheated on me with this same woman before) and he changed his number and everything and I've tired to reach him at work but he seems to be taking days off all the time.

He said he sent our petition in mid Jan, but I was concerened that we never got a NOA1 and after a month I was very worried but it seems pretty obvious to me that he never sent the petition to begin with since we didnt get a NOA1 and he kept on making excuses for why he haven't called the VSC, but lets say he did send it, then how can I withdraw it? My phone don't allow me to call to 1-800 numbers so I can't call VSC personally and I doubt they will look for out peition if I send them an e-mail. Can this petition (if sent and approved later on) affect my Visa Waiver-program that my country is a part of? I don't want to have to go trough the embassy to file for a simple tourist visa and would like to know if the petition was sent and then how to cancel it. I doubt I'll have any meaningful conversation with the idiot anytime soon, so please if anyone know how I can find out myself, please post your advice!

Hi guys!

Just wanted to say I'm leaving VJ!

I finally found out why it took so long to get my NOA1.. BECAUSE HE NEVER SENT THE FREAKING PETITION!

And not to mention he cheated on me with the same woman he used to cheat on me with, and they have a 2-month year old son together too and apperantly I wasn't worth telling because he changed his number and just stopped talking to me, I tried to confront him when i called him at his job but he was yelling at me, trying to come with stupid lies that I saw right through and it all ended with him yelling at me to shut up and then he hung up and when I called back he promised he'd call back because he had to work but he didnt and next day the phone number was changed.

I'm so pissed off that I can't breath, but I am at the same time so happy that I got rid of this SOB, I hope him and his gf are happy, she's a psycho and he's out of his damn mind so I guess they make a perfect match. What sick idiot keeps asking you to marry him and come and live with him one minute to ignore you and try to avoid you as much as he can the next second? He should be happy if I don't make sure he gets fired within next week..

Thanks everyone that has showed support and given me advice thourgh the journey that never really started.

What! I'm getting pissed, we still haven't got our NOA1!!!! It's been 3 weeks since we sent the petition and 2 weeks since the money order was cashed! My fiance told me that an agent would call him back about our case, which I see is a bad sign.. but on the other hand, if they hadn't recieved our peition they wouldn't have cashed the money but well.. i've got to call him tomorrow to see what they said.. something is definently wrong here..

Still haven't got my damn NOA1 hardcopy, seriously what the hell is wrong?! It's been almost 1 month now..! File revieced on Jan 16th, money order cashed Jan 25th but still no damn NOA1 and it's already Feb 6!!!!!

I got my NOA1 really fast with in several days. I know that it is just a receipt, but still it showed promise. I am just within the 5 month window, but on the 15th of this month that deadline will be up and then I am going to start burning up some phone lines annoying the hell out of some Government workers.

Well at least you got one! I'm still waiting for mine.. grr..

If they've cashed your money order then you've got your NOA1. Your NOA1 is a Notice of Receipt. If they're cashing your money order they've obviously received it. But that's the bad part about sending a money order. If you send a check you can get a copy of the cashed version from your bank and get your case number, then log on to USCIS for updates. Then you can get your EXACT NOA1 date and not have to wait for a hard copy. This is why I advise anyone and everyone to NOT use money orders. It only adds aggravation.

Well I'll put Jan 25th as our NOA1 date, even tho we still haven't got the physical hard copy yet. I heard from others they got it much later on than expected. It's too bad my fiance don't use checks and probably thought it was easier to send with the money order. Now we'll just wait I guess, for both NOA's!

I agree!

Sent my I-129F on Jan 15th and it arrived at VSC on Jan 16th. Still haven't got our NOA1! My fiance checked when they cashed our money order which was on Jan 25th. But still no NOA1 even though it's been two weeks now! I don't know what they are doing but they better hurry!

This is taking so long.. gah.. still haven't got my NOA1, they cashed our money order on Jan 25th.. this is taking forever.. By the time we get NOA1 we'll get our NOA2!

Hi guys!

Well after freaking out yesterday my fiance checked with the company that transfered his money order (didnt pay by check) and they apparently cashed it this week, on Jan 25th. He also spoke with our attorney that said that the time frame for NOA1 can be very different depending on what workload they have. But I am relived in a a way that they at least had cashed it, even tho I wish we could have a case number aswell just to see where we are in the process. But the attorney said that it should come in a few days tho.

Good luck guys and thank your your replies!

My first VJ post!

Package sent on Jan 12th. Check cashed Jan 15th, but no NOA1 yet. I guess they're just a little behind in mailing those out?

It seems so! Guess we are both stuck in the same boat! My fiance checked when his money order was cashed and it was apparently cashed on Jan 25th even tho we sent the petition on Dec 15th and it was recieved (according to USCIS) on Dec 16th. Maybe they have a lot to do, even tho I seen other cases that was sent after me that already gotten their NOA1 at VSC.. Lets hope it'll come soon!

My packet was received on the 12th and I received my NOA1 by mail on the 21st. Seemed like a long time to me. I did not receive an email copy.

Hm.. sorry it took so long for you. Maybe I'm in the same situation, I really hope it'll come soon.. Good thing is that I heard that you are still the queue even if your NOA1 is late..

Ok so I spoke to him, well more like freaking out and yelling haha..

He said that the attorney gave him specific orders where to send the petition and submitted all the papers that the attnorney gave him and told him to send with the petition and he payed my money order and he is checking if it got cashed and also asking the attorney why it's taking long.

How fun to find another svensk on VJ, not so many of us to be honest!

Well I was searching for similar timelines to me and I saw another swedish/american couple that sent in their petition on jan 19th and got a NOA1 the day after. I don't remember what center it was too, but yes.. maybe I just got someone that is a little slower than the rest. I'm gonna ask my fiance right now for the details.

boo22: that's exactly what i want to know too! I have waited for mine for 12 days now, it arrived at VSC on jan 16th and we havent recieved anything yet. I heard from other it can take up to 20 days and that it might take serveral weeks, same for them to cash your check.

That's what I said too, I didn't think we needed a lawyer because I did most of the work (printed out the files and so on) and he insisted on having one because he had a lot at work and thought it'd be faster if he had someone else doing it for him. It didn't take too long, around a week. But well, at least i know for sure that the lawyer shouldn't have missed anything and beside it was only $500 for the lawyer and he is doing our AOS aswell. Beside, done is done. I didn't want a lawyer but he did, so I mean.. what can I do now?

Thanks for the fast replies everyone! Highly appreciated!

Well we used a notary / attorney (pretty cheap one that my fiance knew from earlier) and he put our petition together, so everything should be right unless this guy was totally worthless (my fiance said he had worked with immigration and visa cases for 20 years..) and I asked my fiance if the had sent in the money (I dont know if he payed by check or not, I just sent him a email asking..) and he said he saw the petition arrive with UPS the day after and I mean.. I guess if something was wrong we'd have our petition back by now..

Well, it very comforting to hear that this isn't too unusual. Just sucks that everyone else seems to have their NOA1 pretty fast and I'm stuck with waiting..

I'll give me fiance a worried call tomorrow, hopefully he haven't forgotten anything. Like sending the petition or the moeny to the wrong address or something..

Hi guys!

My fiance sent our I-129F on Jan 15th (friday) and he sent it with "saturday priority" and it arrived at Vermont Service Center the day after (Jan 16th). It's been 12 days now since it arrived and still no NOA1! I checked the processing times on VJ and it's longer than usual. Should I be worried? Why is it taking so long?! How unusual is it with a late NOA1? I can't understand why it's taking so long time, they dont really have to review anything beside notify us that it's in their system and that they are gonna process our petition..

Anyone else that had a late NOA1?