K-1 Visa Denied

[shannagiggles]

My fiance had an appt at the U.S. Embassy on December 19th and it was denied because of previous drug felonies from 8 to 11 years ago. When he was there the lady made him sign something saying he can not come to the U.S., took his fingerprints and told him he can not apply for a waiver. What do we do now????????? If I go there and marry him can he come here? We just don't know the legal way to handle this. I love him and want to marry him, but because I have kids I just can't go to a different country. Anybody know anything?

[PraetorianXI]

It would help to know exactly what he signed. But if he is found BANNED for life, then there is NOTHING you can do, except move to his country.

[shannagiggles]

She gave him the reason 212(a)(2)(A)(i)(II), as the denial reason. When I looked it up it states that it is "Criminal Grounds of Inadmissibility (Exclusion)". This is a copy-paste of the site :


Waiver of Certain Criminal Grounds
Under INA §212(h)(1), an immigrant waiver is available for most criminal grounds of exclusion. However, no waiver is permitted for murder, criminal acts involving torture or controlled substance trafficking offenses. Further, the immigrant waiver available for controlled substance offenses not involving trafficking under INA §212(a)(2)(i)(II) is limited to a single offense involving the simple possession of 30 grams or less of marijuana.

There are two waivers available under INA §212(h)(1). A waiver is available under INA §212(h)(1)(A) if the immigrant establishes that:


the activities for which the alien is excludable occurred more than 15 years before the date of the alien's application for a visa, entry or adjustment of status (unless the alien is excludable for prostitution under INA §212(a)(2)(D)(i) or INA §212(a)(2)(D)(ii), in which case the 15 year time period is not required),

the admission to the United States of such alien would not be contrary to the national welfare, safety or security of the United States, and

the alien has been rehabilitated.





He has been rehabilitated because it has been 8 years since his last conviction, he came to the U.S. the first time to get baptized and become a member of the church he came to visit, and he has a Pastor as his sponsor. So, the problem is: I have no idea how about going about filing this or where to do it. Any ideas?????

[PraetorianXI]

Get an immigration lawyer to help you file for a waiver for him.

Get married in his country. More weight will be given to the petitions and appeals if you are married to him.