mystical dude

Hello Everybody,
I have just discovered this site and this is my first post.
I am a Uk citizen and I am planning on getting married to my American girlfriend next month. We met in march 2008 and she has been over to visit me 3 times in the UK since then and last time I proposed.
She very much wants me to come and live with her in Tennessee, the only problem is I have a cannabis cultivation conviction from June 2004 for which I received a conditional discharge and a £42 fine(I served no time and since then I haven't touched the stuff), and I think this is going to cause me problems getting into the states, even though we will be married from next month.
We have booked tickets to the carribean and will be getting married in Antigua at the beginning of december. Has anybody been in this situation before and does anybody have any advice, as in what order to apply for various visas?
Much appreciated for any advice offered.

augigi

Good luck. I suspect you'll need it. If I were you, I'd be consulting an experienced immigration attorney.

Noorah101

I agree. A consultation with an immigration attorney is in order for you. You could possibly have problems getting the Immigrant Visa.

How are you traveling to Antigua? Is that on the VWP? Make sure you're allowed to use the VWP with your conviction history. Consult with a lawyer on that one, too.

The drug conviction aside (assuming everything is possible here), the route you take will be the Immigrant Visa. You will go to Antigua and get married. You'll return to the UK. Your wife will file an I-130 for you in the USA. About 8 to 10 months later you'll go for a visa interview in London. Now at that point, if all is well and you get approved, you receive an Immigrant Visa which is valid for 6 months for you to use to enter the USA. If it doesn't go well, your visa could get denied and you might be able to file a waiver to overcome the denial. This is where you definitely need legal help. Waivers are not usually a do-it-yourself thing. It's best to get the consultation ahead of time and have a waiver ready to present as soon as the visa is denied.

Best Wishes,
Rene

mystical dude

Thanks for that advice;
My girlfriend has talked to an american attourney who will represent us and has explained we will have to claim 'hardship for spouse' if I get denied, which usually works; getting any sort of vwp might be difficult as well leading up to that point.
If nothing goes right my girlfriend is happy to move to the UK as once we're married she will be able to get a marriage visa for UK to live and work here. The only problem there is that she has a good career and a house in Tennesee that she'd have to give up to move to England.
We've spoken to two immigration lawyers so far: The lawyer in London advised that we shouldn't even bother trying to get married and me getting into the states(he wasn't that helpful or optimistic) and that its much easier for my fiancee to come to England to live and work.
The other lawyer in the states explained I'd get in on the 'hardship to spouse' once we're married. So we've decided to get married as work wise we'll both be better off settling in the states.

Is there anyone else who has been in my situation who had success getting in?
I doubt this helps but I had two 6 month tourist visas in '89 and '91 and a 3 week visit in 1996, this was many years before the dope conviction.
best wishes
Julian

Rete

Your arrest was in 2004 that is why you had tourist visas previously. Not sure what reason you had to obtain a tourist visa when the VWP was available.

The US is very harsh with drug offenses and they are difficult to surmount. I would not be so quick to accept the advice of the US Immigration Attorney. Yes, hardship waivers are possible but you don't state what is the hardship to your gf in living in the UK? Doesn't sound as if it would be as she is more than willing to live there. If that is true, kiss the hardship waiver goodbye.

You can do an advance search on the forums for others who have been in similar circumstances. I know of at least one couple, older, whose hardship waiver was denied even though the crime had nothing to do with drugs. And yet there have been others who have been successful with the waiver but again, I don't recall it being drug related.

Good luck.

ian-mstm

No, it doesn't usually work. The attorney is telling you what you want to hear. Your wife will need to demonstrate not only why she can't leave the US to live with you in the UK, but why you *must* live in the US. I have to warn you now, that "not being allowed to live with my spouse" is *not* a valid reason for a hardship waiver.


And this pretty much negates any "hardship" claim.


In addition to a hardship waiver, you may also need a "waiver of ineligibility" to overcome the drug conviction - again, not something easy to obtain.

Ian

Noorah101

If it will be difficult to use the VWP, how were you planning on getting to Antigua to get married? You have enough things going against you right now as it is...if you really want to get married, it's probably much easier for your fiancee to get the appropriate visa to get married in the UK.

Rene

meauxna

You might want to go do some reading at www.immigrate2us.net where they discuss waivers quite a bit (look for the I-601 forum and read the sticky notes).
You need to know the exact amount you were snagged with and get your court paperwork out for the resolution etc.

You want to know BEFORE you apply for a visa if you are eligible or not.

Marocco

Amount of what? He was convicted of cannabis cultivation.

meauxna

thanks, I did misread it.

ian-mstm

The US might still interpret it to mean "intent to traffick"... who knows?

Ian

MrEmjoy

Sorry but a 42 pound fine? for cultivation?

Bluegrass Lass

Maybe it was only one measely looking plant? Of course, I have no idea of the fines for growing weed here, maybe it is that cheap (but somehow I think not).

bluesails

You will want to familiarize yourself with this document (see link below). If the conviction is for any drug related crime other than one incident of simple possession of less than 30 grams of marijuana, under current law you would be declared inadmissible under 212(a)(2)(A)(i)(II) and as incredibly draconian and unforgiving as it is, there is currently no waiver available for an Immigrant Visa, ever.

If however, the conviction would be considered possession of less than 30 grams, you would be eligible for a waiver (I-601) by either proving extreme hardship to your USC spouse/child or after 15 years from the conviction proving rehabilitation and that you are not a threat to the safety of the US.

I highly recommend looking at the immigrate2us.net I-601 forum for more info on waivers.

http://www.state.gov/documents/organization/86945.pdf

9 FAM 40.21(b) N5.2 Certain Relatives of U.S.
Citizens or Legal Permanent Residents (LPRs)
(CT:VISA-1008; 09-05-2008)

An alien immigrant who is the spouse, parent, son, or daughter of a U.S.
citizen or an alien lawfully admitted for permanent residence in the United
States may apply for a waiver under INA 212(h) if:

(1) The principal alien was found inadmissible under INA
U.S. Department of State Foreign Affairs Manual Volume 9 - Visas
9 FAM 40.21(b) Notes Page 8 of 8
212(a)(2)(A)(i)(II) insofar as it relates to a single offense of simple
possession of 30 grams or less of marijuana;

(2) It is established to the Attorney General’s satisfaction that the
exclusion of such alien would result in extreme hardship to the U.S.
citizen or lawfully resident spouse, parent, son, or daughter; and

(3) The Attorney General has consented to the alien’s applying or
reapplying for a visa to the United States.

g1ant

What has the VWP got to do with Antigua?
Do you actually know where Antigua is?