ForumTitleContentMemberSexCountryDate/Time
Waivers (I-601 and I-212) and Administrative Processes (221g)Please Help!!!!
This past december/07 I made the critical error of forgetting a tiny quantity of marijuana in my purse when I was on my way to see my fiancee (less than 0.5gr) In which the killer part wasn't even mine!!! My fault! Anyway, they found it on my way to Detroit ( I was crossing in Port. Huron) and charged me with possession. My laywer got me a 74-11 in which the terms are : As long as I fufill my 24 months probation the 74-11 enititles me to my record not even existing (so therefore it won't even show that I was charged anywhere in the world).

My fiance and I went to Cancun in the month of February, flew out of Detroit (since the judged allowed me to go on my vacation) however, when we returned they wouldn't allow me to leave the airport, and escorted me back to Windsor telling me that I am inadmissable to the U.S. due to my guilty charge of the possession. I told them about the expungememt, but they said it doesn't matter that i'm going through a diversion program, once it's in their computers then I am no longer allowed to enter the U.S. without a waiver.

I have since then started the process to recieve a criminal waiver ( no other criminal history...other than this charge in the U.S. and no criminal history in Canada) I am currently waiting for my RCMP finger print criminal history to come back to send out the application to the U.S. customs and immigration.

My questions are:
1. Can we still apply for a K-1 visa without me recieving this waiver first?? or can we apply for the K-1??
2. Do I have to disclose this charge on my application??
3. Is there anything that I need to do if he wanted to spnsor me??

He is an incredible man. I realized that I made a bad decision..and now we're kinds stuck...if anyone can help me with these answers I would really appreciate it!!! sad.gif
NanHatchNot TellingCanada2008-03-25 13:07:00
K-1 Fiance(e) Visa Process & ProceduresI'm a Canadian Citizen and he's a U.S. Citizen currently in Prison
Thank you for all your responses. If we go ahead and get married, I have no problem staying, working and living in Canada. I don't have a problem filing the paperwork until after he get's home. I just don't want to have any problems crossing the border which i do regularly since I live on a border city. Plus it's the only means for me to be able to travel and see him once a month. Is there a significant difference if we waited until he was home to apply for the K3 visa?? Is the process longer/harder??

I don't know what IMBRA is and i've been looking at so many different visas. If someone could break it down to me so i can understand what it means?? Would I even have to consider this visa?? Wouldn't we be able to just file a K3/CR1??? Or am i completely out on left field with what i'm looking at??

Also, if we were to go ahead and get married while he's there, would I have to change my name in Canada?? If anyone knows of any good immigration lawyers for this kinda of situation can you please leave me a private message with a number. One that doesn't cost an arm and a leg. We have been through so much already, and i know we still have a journey ahead, I just want to make sure that i'm walking the right path to get things in motion before he comes home.
NanHatchNot TellingCanada2007-04-18 08:55:00
K-1 Fiance(e) Visa Process & ProceduresI'm a Canadian Citizen and he's a U.S. Citizen currently in Prison
Yeah, he'll have halfway house time when he's out in Jan09' but he's from Detroit, and I live in Windsor, so it wouldn't be a problem for me seeing him. I don't know. I'm so confused. I feel like this is just a helpless situation right now. It's hard when the person you love is so far away from you and the obstacles in front seem so high.
NanHatchNot TellingCanada2007-04-17 15:21:00
K-1 Fiance(e) Visa Process & ProceduresI'm a Canadian Citizen and he's a U.S. Citizen currently in Prison
So you think i should marry him and apply for a work visa, and try to gain permanent residency myself??

He's lucky if I could say that, he's in a camp which is pretty easy going, but yes, we still are dealing with the feds and they're not here to make any kind of time or place a pleasant one when you're one of their visitors.
NanHatchNot TellingCanada2007-04-17 14:09:00
K-1 Fiance(e) Visa Process & ProceduresI'm a Canadian Citizen and he's a U.S. Citizen currently in Prison
I'm hoping with 2 things

1) I have lots of pictures and stubs of things we've done together. We've been together for 3 years and friends for 7. So i'm hoping that won't be difficult with what i have. Now they took his passport when he was charged, and i don't know if his father can get a copy of his birth certificate for him. I had a copy, but i'm not sure where it is.

2) His father owns a flower shop in Detroit that he said i'll be able to work at. His father plans on retiring and wants to leave the business to us when he returns home. So the issue woulnd't be 'if' i could get a job, because i have one lined up for me. The issue would be, would i be allowed to work right away???

So we have some good things in our favour. The thing is, does the government see it that way to grant me the visa??
NanHatchNot TellingCanada2007-04-17 13:50:00
K-1 Fiance(e) Visa Process & ProceduresI'm a Canadian Citizen and he's a U.S. Citizen currently in Prison
Did I mention that I live in Windsor, which is right on the Detroit/Windsor border and cross almost everyday. I haven't had any problems so far. Actually most of the customs officers know me and don't give me a hard time, but i don't want them to start after i file for the K1 visa
NanHatchNot TellingCanada2007-04-17 13:40:00
K-1 Fiance(e) Visa Process & ProceduresI'm a Canadian Citizen and he's a U.S. Citizen currently in Prison
Thanks for the info. Yes he's the one that's American and incarcerated. The procedure while he's there, if we want to go ahead and get married, then I must write a letter of intent (to marry him) to his unit manager stating that I am aware of his charges, his time left etc. Now, i've done that already. What happens is that the councellor sends me back where and when we can get married. Meaning that they only allow marriages to take place on certain dates. Sometimes there's 2 or 3 weddings the same day. I have to go to West Virgina (that's where he's serving his sentance) and get a marriage certificate. I guess i'll have to wait for the paperwork from his councellor to find out the actual procedures, but this is the information to the process of us getting married while he's there.

Now i've been told that since he is incarcerated, he would have to write the judge that sentenced him a letter to ask for permission to sponsor me. 'Yes' you're right when you said that i needed the co-sponsor. My bad!! We've talked with his parents and they're willing to co-sponsor me. So since i don't know what dates we can choose from to get married, i don't know if i should start the paperwork now.

Are you suggesting that i should start it now?? Should he write the letter to the judge now?? We can get a letter from his parents to to vouche that they'll co-sponsor me, and the judge liked my finace. She told him that she didn't want to give him anything, but she had to give him some time. So i'm not sure how kind she would be to our situation, but i guess there's no harm in trying.

I would love to hire a lawyer, but at this time, we can't afford one. (All our money went to the criminal lawyer) I don't know if we're chasing our tail on this one, or if it's worth a shot?? I've been racking my head trying to figure out what the next and best step should be :unsure:
NanHatchNot TellingCanada2007-04-17 13:37:00
K-1 Fiance(e) Visa Process & ProceduresI'm a Canadian Citizen and he's a U.S. Citizen currently in Prison
:help: I was wondering if anyone can help me with as much information as possible. My fiancee and I met 7 years ago. We were friends for several years and lost touch for awhile, to make a long story short, we met back up, became friends again and needless to say much, much more than that.

During the time that we lost touch, he ended up getting indicted in which he now has 23 months left in his sentence. We've been together for 3 years and all this came about after we met with each other again. We were going to wait until he came home to get married, but have decided that it doesn't matter where and when we do, so we're planning on doing it now. I've already sent in the letter of intent to the counsellor of his unit and i'm just waiting for him to send me the package to where and when we can go ahead and get married.

We were planning on filing a K1 visa once we found out the date we could go ahead and get married. My questions are : Does my fiancee need a co-sponsor since he's incarcerated? Has anyone been through this situation before?? How do we go abouts getting the paper work filed since he's not able to go to an office?? Since I live in Canada (right on the border) will i be able to go back and forth to visit him?? How long does the process usually take for filing in Detroit, Michigan?? If anyone can help me with any information it would be greatly appreciated.
NanHatchNot TellingCanada2007-04-17 13:13:00