K-1 denied...now what?

[defunct 0]

Hello all,

A few weeks ago, my fiancee had her interview in Montreal and was denied because at her medical interview, she admitted to using marijuana before. She is not allowed to immigrate now for three years and is required to go to rehab and receive monthly drug tests over those three years to show she is rehabilitated. As much as it doesn't matter now, I want to be perfectly clear upfront...She has never purchased it in her life and her use of it was infrequent at best. How there is no appeal process or gray area here is astounding. Even the immigration officer who denied her said so and admitted that the law, in this case, was "archaic". But I understand that the law is the law, no matter how much I disagree with it, and sometimes being honest about how we have lived our lives bites us back.

I think your fiance should have lied, You have to REALIZE that these people are not like mom or dad or sisters or best friend that are understanding to you and would appreciate your honesty, they are jerks (not all them but most are). That's what you get for being upfront with jerks, straigh up. I'm not saying you should lie where there is risk of you getting catch but for someting like that, smoking pot once in a blue moon, she shouldn't have said anything and there would have been no way for them to find out.

Not helpful advise and does not develop this discussion in any way. Your personal opinion of consulate/immigration officials does not justify lying during any point in the process, nor does the presumed chance of being caught.

[Noble Time 0]

Hello all,

A few weeks ago, my fiancee had her interview in Montreal and was denied because at her medical interview, she admitted to using marijuana before. She is not allowed to immigrate now for three years and is required to go to rehab and receive monthly drug tests over those three years to show she is rehabilitated. As much as it doesn't matter now, I want to be perfectly clear upfront...She has never purchased it in her life and her use of it was infrequent at best. How there is no appeal process or gray area here is astounding. Even the immigration officer who denied her said so and admitted that the law, in this case, was "archaic". But I understand that the law is the law, no matter how much I disagree with it, and sometimes being honest about how we have lived our lives bites us back.

I think your fiance should have lied, You have to REALIZE that these people are not like mom or dad or sisters or best friend that are understanding to you and would appreciate your honesty, they are jerks (not all them but most are). That's what you get for being upfront with jerks, straigh up. I'm not saying you should lie where there is risk of you getting catch but for someting like that, smoking pot once in a blue moon, she shouldn't have said anything and there would have been no way for them to find out.

Not helpful advise and does not develop this discussion in any way. Your personal opinion of consulate/immigration officials does not justify lying during any point in the process, nor does the presumed chance of being caught.

i don't mean it like that.

From my exeprence YES visa officers are paranoid and if you think you can approach them with a case like that and expect compassion you're being very unrealistic. don't get me wrong please I by no means am encouraging people to lie or trying to make anyone feel bad. We don't live in a perfect world, it's not against my personal ethetics to lie about something like "smoking pot once a year" knowing it embraces a wrong interpretation, and they wouldn't know, it doesn't show in your blood if you're not a habitual user, so the chances are zero. I have strong morals and personally don't belive in lyin but I'm clever too. I'm not going to get the kick in the teeth!

Edited February 25, 2009 by Noble Time

[Shad and Dani 3]

On the job application for the FBI one of the questions is "Have you smoked marijuana more than 15 times in your life?" A yes results in "We can not offer employment based on your answers" Who comes up with these numbers?

My advise is go to Canada, get married, get a job, live there for 3 years and Be Happy! If all that is an option for you.

[akimont88 0]

To update everyone...

My Congressman's office wrote me back and said there is now way they can help, even in granting her a visitor's visa. Given that she is not working because she's in school, her chances of gaining access is unlikely, so why bother spending the money for her to go to the consulate to apply for a visitor visa that won't be granted? She also could try the border for free, but again, I doubt she could convince an immigration officer that she has every intention of coming back. So it looks as tho I'll just have to make periodic visits to Canada (first is Tuesday) until I immigrate there. The only problem with doing this is that every time I visit there, I lose time at work as well, so it's doubly expensive. Oh well. What can we do?

I'll start my immigration to Canada as soon as she finishes her courses online and can secure a job (likely in August/September). We'd start now, but as far as we know, she needs to show that she can support me now, not six months from now when I'd be wanting to move up there. I know we're on a USA forum, but if anyone has any info on Canadian immigration, it would be greatly appreciated!

Thank you all for the support. It's amazing the response I've had concerning our situation. I think it's pretty clear that US immigration's policy concerning marijuana is awfully draconian, and I completely understand why someone would lie in their medical interview (the three years of rehab for something she rarely ever uses still just blows my mind...and my wallet since we're the ones paying for it). I do intend on trying to meet with my congressman in person to discuss this and get his opinion, hopefully devoid of politics. All his office would say is that they would do whatever they could "within the law". Well don't they help write the laws? And what happens when the laws are completely unfair? I hope I can get a human response from someone over there.

I'll keep posting our progress...and I can't wait for Tuesday!

[Kathryn41 3,205]

Akimont88, I am sorry you have had so much difficulty getting your fiancee to the States. Kudos to you for choosing to go the alternate route - relocating to Canada - to e with her. It is a great place to live.

Just to give you some information that may be of use: Canada does not have a fiance visa so you will have to get married before she can sponsor you. While there is a Support component in Canadian immigration, it is 'waived' for spouses so she does not have to meet a minimal income level. (Canada really does focus on family reunification.) The Canadian process is not a multi-phase process as in the US. Your 'wife' submits her sponsorship application and you submit your immigration application with all of the necessary supporting documents to the Canadian Consulate in Buffalo at the same time. All of the supporting documentation go with it. Sometimes they interview, usually they don't. You can visit while waiting for the process as well. If you feel you want to stay with her during the process, you can actually go as a visitor and then choose to apply for permanent residency from within Canada instead of going through the Consulate in Buffalo. You just need to have a valid status within Canada at that time and visitor status is allowed. The problem with that route is that you can't work until your application receives approval in principal and it takes longer being processed from within Canada than from outside of Canada. Canadian immigration is, however, much faster overal than US immigration and there is no conditional residency - once you are a permanent resident, you are a permanent resident.

You can find out more at this website: http://www.cic.gc.ca

Good luck.

Edited February 27, 2009 by Kathryn41

[akimont88 0]

Akimont88, I am sorry you have had so much difficulty getting your fiancee to the States. Kudos to you for choosing to go the alternate route - relocating to Canada - to e with her. It is a great place to live.

Just to give you some information that may be of use: Canada does not have a fiance visa so you will have to get married before she can sponsor you. While there is a Support component in Canadian immigration, it is 'waived' for spouses so she does not have to meet a minimal income level. (Canada really does focus on family reunification.) The Canadian process is not a multi-phase process as in the US. Your 'wife' submits her sponsorship application and you submit your immigration application with all of the necessary supporting documents to the Canadian Consulate in Buffalo at the same time. All of the supporting documentation go with it. Sometimes they interview, usually they don't. You can visit while waiting for the process as well. If you feel you want to stay with her during the process, you can actually go as a visitor and then choose to apply for permanent residency from within Canada instead of going through the Consulate in Buffalo. You just need to have a valid status within Canada at that time and visitor status is allowed. The problem with that route is that you can't work until your application receives approval in principal and it takes longer being processed from within Canada than from outside of Canada. Canadian immigration is, however, much faster overal than US immigration and there is no conditional residency - once you are a permanent resident, you are a permanent resident.

You can find out more at this website: http://www.cic.gc.ca

Good luck.

Wow...That's great! Just so I'm clear because the website states otherwise... If during my trip to Canada next week, we decide to marry, and when I come back, we can file our paperwork, and even though she doesn't have a job, her inability to sponsor me will not keep my case from being approved....obviously that would get me there and working much faster. We thought we'd have to wait until she had a job. Getting this process started now would be awesome! You're absolutely sure on this? We'd hate to be denied and be kept apart longer.

[john_and_marlene 162]

I don't see the point in telling the truth in this situation.

There are actually people who value personal integrity over immediate satisfaction.

I applaud the integrity this individual has shown and I offer them my total respect.

[Chica Yeyé 41]

Thanks for the update. Canada, I still think, is a lovely place to live . I tell you, if it wasn't for the nasty weather, Bren and I would go back in a snap.

[Ju&Ja 1]

And I always wondered, what if my fiancee was from Netherlands and legally smokes marijuana? Are fiancees banned from the USA if the do something in another country, which is legal in THAT country but illegal in the USA?

Marijuana is not legal in the Netherlands, rather it's been decriminalised, meaning that the punishment for possession is minor and generally not even enforced.

My heart goes out to Adam and his fiancee for these unanticipated challenges, however I still believe telling the truth is best. I think Adam has a great attitude about the situation and the couple shall be together soon, one way or another. All the best.

Sorry but you are wrong...! Marijuana is totally legal in Netherlands ! You have to follow rules but it is def legal :

It's legal to buy weed at a coffeeshop and to smoke it there (when you are 18+) , or at home (so not in public, but the police doesn't mind if they see you smoking) but, it's illegal to have more than 3 plants at home so if you have more it's illegal. The transport from the place where you grew them to the coffeeshop is illegal too. But when it's in the coffeeshop it's legal again.

[YuAndDan 153]

Moving this to correct forum.

[Carlawarla 1]

Hello,

Is anyone from Mumbai Consulate got 221(g) Pending Letter and then received K-1 visa ?

If so, I like to hear from you what kind of Pending letter was for and how long it took from receiving pending letter to actually getting the Visa.

MY SITUATION:

My fiancee just received 221(g) letter asking for Additional Proof of Relationship on Jan 21 2009. Consulate didn't specify what specif proof it needed.

Anyways, we sent the all necessary required proof on Jan 27 2009. However, we have not heard back from Consulate.

We sent an email inquiry re: Case Status. And Consulate replied stating...

"Your case is in Administrative Reivew and it unable to tell how long it will take to process the case, it will try it best to process it quickly"

DO I HAVE ANY CHANCE OF GETTING VISA AFTER RECEIVING 221(G) LETTER ??

Please help.........................

Thanks.

Please PLEASE post your question in another thread. I can't answer your question, and no one else is going to see it as you've added it to someone else's thread on a totally different matter!