Can we reapply under K-3 after a K-1 denial????

[yankeesgirl79 0]

hey all! so i have a question that i need some feedback on if anyone may know.....

so most of you know that Richard and I had our interview in November 2008 and some of you know we were denied and some of you that did not do now......anyways it has been a very tough few months for all of us and we have been working closely with our congressman and now department of state is also involved in our denial......it was all over honesty and miscommunication at the medical.....he admitted to being exposed to marijuana at some point in his life (the docotr really drilled him at this and becasue it is jamaica we are talking about here and he didnt think he should say he has never in his life ever been exposed to it becasue of the way he was approaching the question several times and different ways as if he were trying to get him messed up) He never admitted to himself smoking it and doctor wrote that he himself smokes marijuana.....his drug screen came back negative for it but the embassy does not care......well maybe they care but I highly doubt it at this point.....they have informed our congressman that they DO NOT question their panel physicians reports or decisions (becasue they NEVER make mistakes I suppose) We confronted doctor on phone (on speaker phone) outside of the embassy after leaving the interview devastated and he admitted to writing that down and he refused to fix it becasue it would show he was incompetient of doing his job and apologized for the error.......we are ineligible for a new interview until October 28, 2010.....anyways my question is......

can we get married and reapply for a CR-1 or K-3 visa? or does that 2 year wait still apply regardless? I have been told several different things and my dad is now checking with Congress and Department of State on Monday for an answer (I was speaking with a gentleman today who seemed to know his immigration info (and brought his wife here on a K-1 visa and had lots of hoops to jump through) and asked why on earth we didnt marry right away and reapply and i explained to him that i was under the assumption we were denied for 2 years and that was that and had thought about the option of doing that but didnt want to waste the $ if it was not going to have a possibility of being approved as that is what i was being told from several people or read online.....He told me that he was 99.9% sure that we could reapply and be fine but was going to double check with his friend who works for Department of State(we have tried for a visitors visa already twice and denied but we wont discuss this rightnow either.....ughhhh i hate our government right now) If this is something we could have done I will be frustrated we didnt do this right after our denial but will also have the forms filled out and in the mail with a check on Monday......

If I have not confused you and topic jumped to much for you and can help me out it would be a huge help!!!!!!!!!!!!!!!!!

Why I didn't ask all of you earlier that seem to know so much and offer amazing feedback I don't know and apologize for that......I have just not been ready to discuss this with people and am finally realizing I can't do this all on my own.....thank god for my dad who helps me make contacts and his weekly letters to Mr. President himself.....Hell Hillary Clinton was involved immediately following out denial and was on an every day contact back and forth with my dad until she left NYS for her new position......i guess my case was not top priority in her new position LOL

[payxibka 10,045]

What you have is a visa ineligibility not a K-1 visa ineligibility... it applies to ALL visas...

[SuperDuper! 230]

Itz a bummer when your honesty comes back to bite you, but drug use is a basis for instant denial. It seems that the Trench Town sound historically somehow makes folks indulge the mighty ganja, and the officials at the embassy and hospital know this, so they give applicants from that part of the world a hard time about it.

Sometimes we can be just too honest in life, and the truth hurts others or ourselves.

It is a good practice question to practice beforehand. "JUST SAY NO", as Nancy Reagan preached in the 80z.

Look the Doc or C/O straight in the eye and say, "No, I NEVER smoked the marijuana, but that Jamaican rum is the best!" (Note: alcohol is a LEGAL drug, so that is cool, and so you give the Doc an out by implying that you party with rum, but not the evil weed).

Good luck with your appeal!

[yankeesgirl79 0]

Itz a bummer when your honesty comes back to bite you, but drug use is a basis for instant denial. It seems that the Trench Town sound historically somehow makes folks indulge the mighty ganja, and the officials at the embassy and hospital know this, so they give applicants from that part of the world a hard time about it.

Sometimes we can be just too honest in life, and the truth hurts others or ourselves.

It is a good practice question to practice beforehand. "JUST SAY NO", as Nancy Reagan preached in the 80z.

Look the Doc or C/O straight in the eye and say, "No, I NEVER smoked the marijuana, but that Jamaican rum is the best!" (Note: alcohol is a LEGAL drug, so that is cool, and so you give the Doc an out by implying that you party with rum, but not the evil weed).

Good luck with your appeal!

NO APPEAL FOR US! it is not eligible for an appeal......yes in this case honesty was not the best policy and hurt us.....

What you have is a visa ineligibility not a K-1 visa ineligibility... it applies to ALL visas...

awwwww shucks......i was afraid that was the answer I was going to see......so we are better of saving the money and waiting this out and traveling there every other month to visit until we are eligible??? unless of course congress and DOS can get something overturned beforehand

[wakeywakeup 1]

sorry to hear this yankee. I will keep you guys in my prayers.

[Islandwoman 0]

Yankee - I sent you a PM of a suggestion.