K-1 Visa To Us With Previous Conviction?

[jwschroeder]

Hi, My fiance was arrested 3 years ago during a random urine testing at a club, and she was found positive for speed, spent the night in jail, and was then released after paying 10,000bhat. This only happened once in her life and has no other charges or record. I was reading the US Consular website, and it seems they're very strict on issues of controlled substances, but I wasn't clear whether this single charge would automatically disqualify her for a K-1 visa. We went to the police station where she was charged and got the paperwork, and while it said that her urine was not absolutely clear--she nevertheless "confessed" and admitted to the crime. Thus, she's guilty for testing positive, but not for trafficking. Any thoughts on where we'll stand on this issue? Thanks for any insights.

[bangkockney]

Had she actually been convicted of an offence? And has court documents?

Establish this first and then see an immigration lawyer.

[KimoMax]

Might be a good idea for her to get a Police Clearance Record Check done.

Think it is done by the Ministry of Foreign Affairs in eithr Bangkok or Chiang Mai. (Correct me if that is the wrong place to have that done).

The same as the process just before the K 1 Visa application is finalized for the interview.

Either that, or as said earlier, consult with a Thai Attorney

[nottocus]

Might be a good idea for her to get a Police Clearance Record Check done.

Think it is done by the Ministry of Foreign Affairs in eithr Bangkok or Chiang Mai. (Correct me if that is the wrong place to have that done).

The same as the process just before the K 1 Visa application is finalized for the interview.

Either that, or as said earlier, consult with a Thai Attorney

Police checks at Police HQ

[bangkokburning]

I'd get a check. If she has no record - than she has no conviction :-)

[taxout]

This is an absolute minefield with the most serious of possible consequences: a lifetime ban on entering the U.S.

Please get good legal advice as early in the process as possible, and don't rely beyond that on what you're being told on this forum.

Good luck.

[jwschroeder]

This is an absolute minefield with the most serious of possible consequences: a lifetime ban on entering the U.S.

Please get good legal advice as early in the process as possible, and don't rely beyond that on what you're being told on this forum.

Good luck.

Thanks for the advice and I'm going to contact a lawyer before proceeding further. I'll be sure to get back to the board about the results. Just to clarify, She was arrested and convicted of having speed in her urine, and it said so much on the police report that we obtained from the local police station. But, we applied for a tourist visa twice this year--both of which were denied--but they never mentioned the drug conviction during her interview. But, I thought I needed to check into this more thoroughly before beginning the K-1 process, and so thanks for all the advice. Keep you posted...