Beeldn12

My fiancé and I are in the process of getting our K1 visa. We just received our approval of our petition (NOA2) and are waiting for our application to be sent to the US embassy in London. My fiancé happened to stumble upon a thread on visa journey from 2019 where an individual was denied their K1 after having a “no live trace” on ACRO and a minor possession of marijuana (one joint) on his subject access report from 2016.

My fiancé lives in Scotland and remembered when he was 17 or 18 he got a ticket for having a single marijuana joint on him. This was about 12 years ago, he was a teenager, and he truly didn’t even remember until seeing this post.

All that said, we don’t have his ACRO report yet, so we don’t even know what it will say. But we’re both just really anxious - we are definitely planning to consult an immigration lawyer if he does have this on his SAR. I’m waiting to pay for a lawyer consultation until I have details about the ticket/fine as I’m sure that would affect their advice. In the meantime- has anyone had experience with getting approved with “no live trace” and a marijuana charge on their SAR? Is this an automatic refusal?

I’m familiar with the i-601 inadmissible waiver if it comes to that but really hoping it doesn’t.

S Folinsky

You are correct to see if what the ACRO and subject report have to say. If that caution shows up, definitely make that appointment with a knowledgeable lawyer.

To others reading this post, the way OP phrases his post, one might think there is a waiver available for conviction or admission of a MJ offense. There isn’t when it comes to an immigrant visa and a K-1 is a non-immigrant visa treated as if it is an immigrant visa.

p.s. It is generally believed that under current law, John Lennon would have lost.

civilservant

There is no waiver available for an immigrant visa.

That attorney visit is a must.

newacct

INA 212(h) provides an immigrant waiver if the only drug offense was a single offense of simple possession of 30 grams or less of marijuana. It requires that either the offense happened 15 years ago and the person was rehabilitated, or the person's US citizen or permanent resident spouse, parent, or child will suffer extreme hardship if they are not in the US. I am not sure if the latter applies to fiances.

Also, juvenile drug convictions are excluded, so it's important for the OP to find out if their fiance was 17 or 18 at the time.

karenkaren1

I thought this also.....my husband who needed a waiver for his L1 visa, due to a conviction for marijuana possession over 25yrs ago when he was in his early 20s (minuscule amount, end of a joint in Channel Islands which had stricter maijuana laws than England at the time). Anyway, we went thru green card process and to ours (and our lawyer's surprise) got approved without needing immigrant waiver or even an interview. Everything was fully disclosed.