Should i Cancel my K1 visa!?

[Mr. Smith 0]

I need help!!!

Im considering canceling my petition for fiancee but im not sure if its the right thing to do.

Here is my situation... I am from the US and my fiancee is from the UK, we have already filled for our petition for fiancee and have receieved our frist notification about 5 months ago.

With hope that we will be hearing something we have been looking in to the next steps. We have been looking in to the medical exam needed and that is where we are worried.

My fiancee from the UK, 2 years ago was addmitted for drug use and anxiety. He is compeltey clean now and hasnt touch a drug since but we are worried having this on his record will cause them to deny us. He has no criminal record and if he took a drug test now he would be clean! But im not sure if having that on his record will come up.

We are debating if it is better to cancel our petition for fiancee... wait a little... and get married in the US and apply for the adjustment of status. But i wasnt sure if they would just end up denying his adjustment of status if they saw that we had a pending fiancee visa and cancled it? Any advice would be amazing! We are kinda freaking out!!!

[Grahm&Sarah 0]

I need help!!!

Im considering canceling my petition for fiancee but im not sure if its the right thing to do.

Here is my situation... I am from the US and my fiancee is from the UK, we have already filled for our petition for fiancee and have receieved our frist notification about 5 months ago.

With hope that we will be hearing something we have been looking in to the next steps. We have been looking in to the medical exam needed and that is where we are worried.

My fiancee from the UK, 2 years ago was addmitted for drug use and anxiety. He is compeltey clean now and hasnt touch a drug since but we are worried having this on his record will cause them to deny us. He has no criminal record and if he took a drug test now he would be clean! But im not sure if having that on his record will come up.

We are debating if it is better to cancel our petition for fiancee... wait a little... and get married in the US and apply for the adjustment of status. But i wasnt sure if they would just end up denying his adjustment of status if they saw that we had a pending fiancee visa and cancled it? Any advice would be amazing! We are kinda freaking out!!!

Drugs don't stay in your blood forever. If he hasn't used anything for over a year, it cannot show up on his blood test. Just an FYI. And I don't think they check your medical background history. Hope that helps

Grahm&sarah

[payxibka 10,047]

I need help!!!

Im considering canceling my petition for fiancee but im not sure if its the right thing to do.

Here is my situation... I am from the US and my fiancee is from the UK, we have already filled for our petition for fiancee and have receieved our frist notification about 5 months ago.

With hope that we will be hearing something we have been looking in to the next steps. We have been looking in to the medical exam needed and that is where we are worried.

My fiancee from the UK, 2 years ago was addmitted for drug use and anxiety. He is compeltey clean now and hasnt touch a drug since but we are worried having this on his record will cause them to deny us. He has no criminal record and if he took a drug test now he would be clean! But im not sure if having that on his record will come up.

We are debating if it is better to cancel our petition for fiancee... wait a little... and get married in the US and apply for the adjustment of status. But i wasnt sure if they would just end up denying his adjustment of status if they saw that we had a pending fiancee visa and cancled it? Any advice would be amazing! We are kinda freaking out!!!

It is all about intent at entry... A previously filed I-129F with "statements of intent to marry" will be somewhat difficult, I presume, to overcome.

[payxibka 10,047]

Drugs don't stay in your blood forever. If he hasn't used anything for over a year, it cannot show up on his blood test. Just an FYI. And I don't think they check your medical background history. Hope that helps

Grahm&sarah

The immigration medical has been designed to determine if any visa ineligibilities exist (past drug use is one). At the medical, your previous history is questioned. If you misrepresent previous drug use and it is later discovered... all immigration benefits acheieved will be denied and the alien is subject to deportation and a lifetime ban. Not as simple as you might think....

[Hell0W0rld 10]

Drugs don't stay in your blood forever. If he hasn't used anything for over a year, it cannot show up on his blood test. Just an FYI. And I don't think they check your medical background history. Hope that helps

Grahm&sarah

The immigration medical has been designed to determine if any visa ineligibilities exist (past drug use is one). At the medical, your previous history is questioned. If you misrepresent previous drug use and it is later discovered... all immigration benefits acheieved will be denied and the alien is subject to deportation and a lifetime ban. Not as simple as you might think....

Agreed, someone recently on this forum got denied because they found out out his past drug use... even though he had been clean for 10 years.

[Krikit 1,165]

Okay, here's what you're facing: Link

If the admission into treatment was a result of a criminal conviction then that information will show up on the police certificate. Marrying and then trying to adjust status or file a visa to avoid a denial will not change the result.

[Elghazi2008 4]

I need help!!!

Im considering canceling my petition for fiancee but im not sure if its the right thing to do.

Here is my situation... I am from the US and my fiancee is from the UK, we have already filled for our petition for fiancee and have receieved our frist notification about 5 months ago.

With hope that we will be hearing something we have been looking in to the next steps. We have been looking in to the medical exam needed and that is where we are worried.

My fiancee from the UK, 2 years ago was addmitted for drug use and anxiety. He is compeltey clean now and hasnt touch a drug since but we are worried having this on his record will cause them to deny us. He has no criminal record and if he took a drug test now he would be clean! But im not sure if having that on his record will come up.

We are debating if it is better to cancel our petition for fiancee... wait a little... and get married in the US and apply for the adjustment of status. But i wasnt sure if they would just end up denying his adjustment of status if they saw that we had a pending fiancee visa and cancled it? Any advice would be amazing! We are kinda freaking out!!!

I guess that would be a good reason to get nervous...Personally, I would just be very honest about his past drug record if asked. Being that you're already in 5 months, I would just wait it out and see what happens. It would really suck to cancel your petition only to find out that it may not have made THAT big of a deal once the medical came around. When my fiance went for his medical, the questions he was asked were regarding the present...Do you do drugs? Do you smoke? Just answer the questions they ask with simple yes/no answers and don't elaborate unless asked to. If he is asked whether he ever did drugs, he should be very honest and let them know how long he's been clean. Maybe he could take a blood test just to prove that he's been clean? Not tried and true ideas, but they'd be worth trying anyway. If you're unable to obtain the K-1 visa over this issue, there are other steps that can be taken.

Technically, you can't marry in the US with the intention of getting married...If somebody takes a good look at your file and notices that you filed for a K-1 visa (whether denied or not, you have already filed) and then you got married in the USA on a tourist visa, you could be in for some trouble. My suggestion is just to carry through with the K1 process and make appeals to Senators/Congressmen/etc. if you have any trouble.

[Jon&Lindsey 0]

We are debating if it is better to cancel our petition for fiancee... wait a little... and get married in the US and apply for the adjustment of status. But i wasnt sure if they would just end up denying his adjustment of status if they saw that we had a pending fiancee visa and cancled it? Any advice would be amazing! We are kinda freaking out!!!

I don't know about the drugs/K1 issue, but entering on a tourist visa with intention to marry AND stay and adjust status (in this case in order to circumvent problems with the K1) would be visa fraud. Anyway, for AOS from a tourist visa you still have to do a medical exam, which as far as I remember involves making declarations about past medical history. It seems to me like you would be in more trouble entering as a tourist then trying to prove you didn't intend to stay and file AOS (with a past K1 petition) than if you try to work out possible issues with the K1 medical now.

[luckytxn 2,265]

Even if you cancel and try for a K3 visa one has to go through a medical the same as K1. You can't cancel the K1 and get a tourist visa and marry and then do a AOS as that is fraud and can get a lifetime ban and deported. Personally if it was me I would take my chances and keep on with the K1. Any changes now could complicate things somewhere along the way. Of course only you both can make the decision

The worry about recent past drug use (and a few years is very recent) is that there is a high rate of failing and going back to using drugs. No country wants a druggie to come here and be a burden on our system so they need to be careful. Of course he can be completely clean forever but the odds are he will slide back into drugs.

[Hannah+Vito 0]

Have you concidered consulting an attourney , to see if it will matter or if you do get denied, there being a waiver availiable to you? Not nessersarily hiring one. But we went to chat with one experienced in immigration for free he explained the ins and outs, and honest and told us we didn't have any complications he was aware of and we didn't need him. So it cost us nothing to check. I would check and see if you have any options before you scrap you $455

[JeroenAndMichelle 28]

I need help!!!

Im considering canceling my petition for fiancee but im not sure if its the right thing to do.

Here is my situation... I am from the US and my fiancee is from the UK, we have already filled for our petition for fiancee and have receieved our frist notification about 5 months ago.

With hope that we will be hearing something we have been looking in to the next steps. We have been looking in to the medical exam needed and that is where we are worried.

My fiancee from the UK, 2 years ago was addmitted for drug use and anxiety. He is compeltey clean now and hasnt touch a drug since but we are worried having this on his record will cause them to deny us. He has no criminal record and if he took a drug test now he would be clean! But im not sure if having that on his record will come up.

We are debating if it is better to cancel our petition for fiancee... wait a little... and get married in the US and apply for the adjustment of status. But i wasnt sure if they would just end up denying his adjustment of status if they saw that we had a pending fiancee visa and cancled it? Any advice would be amazing! We are kinda freaking out!!!

My two cents is, they will not find out about his past drug use if he doesn't tell them. His previous doctors can not tell the doctor at the medical anything if he doesn't give them permission first. It is maybe not so nice but your best gamble is just not to tell anyone that he has a drug related past.

As for canceling and letting him come over to marry you in the US, I wouldn't do that if I were you.. they WILL notice that you filed for K1 once (as it is already in their system, you can't get that out of the system) and then you will most likely get a denial as of them saying that he came to the US with the intention of getting married, which makes him inadmissible. Also, you would have no grounds to file a waiver if this would be the case, whereas you still might have a try if they find out about his drug related past as you can then try to file for a waiver on hardship (although a new form of inadmissibility arrives, namely fraud in documents). Like for example if you own a business in the US or have other assets, or have old parents that you need to help now that theyre in their golden years and such..

If you go for the VWP option, then I doubt you will be able to get away with it.

Maybe you moving there and marrying there and living for an X period of years would be an option? It would be a valid reason to cancel your petition and petition somewhere in the future again.

[canuckcowgirl 0]

I'm not an expert but it is definitely easier going to the UK and marrying and living in the UK for awhile...

I was married to a Brit and found out the hard way, what the immigration rules were. If you can get a visa of some sort and go over there and live with your fiance for 2 years, you are automatically eligible to apply for citizenship as a common-law spouse. Of course, you would need to find some legal way to enter the country first. I had entered on a working holiday maker visa..

Good luck!

I am also wondering... what are they looking for during the medical exam? Is it just drugs they are after? I've had some health concerns over the past year.. would they deny me because I've had certain ailments?

[payxibka 10,047]

I am also wondering... what are they looking for during the medical exam? Is it just drugs they are after? I've had some health concerns over the past year.. would they deny me because I've had certain ailments?

depends on what the health "concerns" are.... if it something like HIV/AIDS then yes it will....

google... "visa ineligibilities"

It will provide a listing of the types of ineligibilities including medical ineligibilites

Edited January 21, 2009 by payxibka

[canuckcowgirl 0]

I am also wondering... what are they looking for during the medical exam? Is it just drugs they are after? I've had some health concerns over the past year.. would they deny me because I've had certain ailments?

depends on what the health "concerns" are.... if it something like HIV/AIDS then yes it will....

google... "visa ineligibilities"

It will provide a listing of the types of ineligibilities including medical ineligibilites

Phew! Looks like I pass on that then...

Will it count against me that I get cold sores and fever blisters on my lips during cold seasons or times of stress? I guess it's considered a form of herpes.. that actually, I got from my S/O!!! It seems it runs in his family..

[luckytxn 2,265]

Ewww. Too much info. Ban entry.