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Filed: IR-1/CR-1 Visa Country: England
Timeline

my fiancé's visa was denied he was told he can reapply in a year. the same day he was denied I found out im pregnant we would like to get married and reapply with a spouse visa he lives in the UK and id like to fly there get married then return home to the US and start the paperwork. ive also read that if not having him with me would cause hardship there may be some type of waiver we can file to bring him faster. im at a loss for what is the best route to get him here I currently work two jobs in order to make enough money to bring him here and with a baby coming I will definitely have to quit my second job as its not gonna be safe once I get further into my pregnancy so not having him here to help me will definitely cause a financial hardship and I cant apply for any government aid because I cant bring him here if im receiving any benefits. ive emailed several immigration lawyers and not received any responses. if I am able to go there and marry is there anything I need to do before hand. my dad was my cosponsor for the fiancé visa and is planning to cosponsor if needed for a spouse visa. my job situation will change by next year and my pay will double and I wont need a cosponsor but that's a year from now and a baby will already be here if anyone can help me figure out what to do that would be great :)

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Why was he denied? If told he could reapply in a year then that sounds like illegal drugs.

A normal pregnancy is not a valid reason to request an expedite. If it were then everyone would be doing it...so to speak.

You will need a visa in order to marry in the UK if that it the route you wish to pursue, although if he was told he could reapply in a year then that probably applies to an immigrant visa too, including a CR-1.

I don't think there is any way you can have him legally immigrate to the US before your child is born.

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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Filed: IR-1/CR-1 Visa Country: England
Timeline

Why was he denied? If told he could reapply in a year then that sounds like illegal drugs.

A normal pregnancy is not a valid reason to request an expedite. If it were then everyone would be doing it...so to speak.

You will need a visa in order to marry in the UK if that it the route you wish to pursue, although if he was told he could reapply in a year then that probably applies to an immigrant visa too, including a CR-1.

I don't think there is any way you can have him legally immigrate to the US before your child is born.

we were unaware that there was a drug test and he smokes pot or did he hasn't since the day before the medical had we known he woulda quit a long time ago he knew he'd have to after moving and he has a good job in the uk and isn't some lazy pothead so please no judgment. This has been devastating for the both of us. what kind of visa do I need to get to go there and marry. do they hang on to everything from his last interview or is it all new paperwork if we just decided to reapply with a fiancé visa we've been together for 3 years and we wanna pick the surest safest route to finally get our life started

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Filed: Citizen (apr) Country: Nigeria
Timeline

They hang on to everything from the last interview. He will have to undergo a year of treatment and testing to show that he isn't using still. You will not get any visa or expedite with a positive drug test. He should have received instructions about testing

This will not be over quickly. You will not enjoy this.

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Filed: IR-1/CR-1 Visa Country: England
Timeline

They hang on to everything from the last interview. He will have to undergo a year of treatment and testing to show that he isn't using still. You will not get any visa or expedite with a positive drug test. He should have received instructions about testing

we've received nothing or told anything abt it the interviewer wasn't a very nice guy and when my fiancé tried to ask questions he just told him he's the only one asking questions. What do we need to do to find out about treatment and testing
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You would need to contact the embassy again.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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Filed: IR-1/CR-1 Visa Country: England
Timeline

You would need to contact the embassy again.

does this mean his case is still pending then?? I was under the impression we had to start from scratch again
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Filed: IR-1/CR-1 Visa Country: England
Timeline

I'm so confused he's saying he was told he can reapply soon as possible but the medical can't be redone for a year nothing was said about testing or therapy and he's not received anything from the embassy since his interview sept 26

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Filed: IR-1/CR-1 Visa Country: England
Timeline

Your petition is now dead, it was denied. He will not be eligible for ANY type of visa for any entry into the US before a 1 year of suspension is up. The US embassy is under no obligation to spell out the terms of this type of denial.. You can contact an immigration lawyer to understand better what proceeding the beneficiary will need to enter into to qualify for a new visa application after a year has passed.

Please note, nor a lawyer, nor senator or congressman can assist in this type of denial.

BTW, the beneficiary knows more than he is sharing if not than the didn't ask he right questions at the interview.

thank you for your response I think he didn't ask the right questions and now we are both blindly trying to figure this out, so I don't need to even reapply for a visa on my side till after sept 26 2014? Just to be clear no testing or therapy will help just start again after the 1 year mark?
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Filed: K-1 Visa Country: Philippines
Timeline

What about living with him for a couple years? England isn't so bad. Maybe you could be a dentist, I'm guessing they don't need school there.. ha ha. Ok joking aside, it sucks the situation you are in, especially with pot being legal in some states anyway. You can receive all the benefits you want, it is him that can't. The co-sponsor would be sponsoring him, and essentially he couldn't get benefits or would possibly be punished in some way if he did. Does your fiance not have a tourist visa?

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Just filing a new petition will not grant him a visa, he muss now prove to the US government ha he is not a chronic smoker of illegal drugs. The proof on this will be on his end. How he does that, is by means of suggestion that have been given to you.

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Filed: IR-1/CR-1 Visa Country: England
Timeline

What about living with him for a couple years? England isn't so bad. Maybe you could be a dentist, I'm guessing they don't need school there.. ha ha. Ok joking aside, it sucks the situation you are in, especially with pot being legal in some states anyway. You can receive all the benefits you want, it is him that can't. The co-sponsor would be sponsoring him, and essentially he couldn't get benefits or would possibly be punished in some way if he did. Does your fiance not have a tourist visa?

not an option my ex husband and I share custody of our daughter he won't allow me even to get her a passport to go visit and it would be impossible to get permission to take her plus I'm almost done with my optician apprentiship and would hate to stop right before I'm eligible to get liciensed Edited by cluvsr
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Filed: IR-1/CR-1 Visa Country: England
Timeline

Just filing a new petition will not grant him a visa, he muss now prove to the US government ha he is not a chronic smoker of illegal drugs. The proof on this will be on his end. How he does that, is by means of suggestion that have been given to you.

so he needs testing and therapy and I start the petition again after the year mark or can I start it in say 6 months so that it'll be after the year point of his medical?
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