denied fiance visa

[lynndy38 64]

Just wanted to say its much easier to get married in Scotland rather then the UK unless your fiance can take at least 3 weeks off.

[Nich-Nick 3,354]

Here's a five year perspective on the London medical at Knightsbridge clinic--

The blood test is not for drugs ( or even HIV any more) It is for sexually transmitted diseases. The blood test given would not reveal drugs.

A drug screening is not routinely given. It is not part of the medical exam so no you wouldn't read about it on their website or most posts. But two forms ask about prior drug use. That or admitting to use recently or looking or smelling of weed can prompt them to order a drug test.

Some suggestions of what you can do.--

Call the Knightsbridge clinic and ask them what he can do (and where) over the next year to prove to them that he has rehabilitated himself. Attending any kind of drug rehab group or counseling would be a positive step. Drug screenings would be good evidence. But ask the clinic who will do the exam for a plan.

If you want to marry because of the baby, then get the UK marriage visa and go marry. Then when you start over, it is for a CR1 visa (2 year greencard). If by the time he enters the US, you have been married for two years, it will be the IR1 visa (10 year greencard). The application process is identical for either one.

Moving to the UK as a spouse is not easy since changes were recently made. He must make a certain income level and your status would take a number of years to become a permanent resident.

[keysjangle 145]

So sorry to hear about this It's a shame the Federal government is so scared of pot. Not like it's crack or heroin, ya know?

With my Visa type, my medical results would only be read at the point of border crossing/POE ... bags checked in and on the way to the plane, flight paid for, standing in the secondary inspection area at the customs gate. If I had come up positive (they send you with a sealed envelope that you receive a few days after your medical that you cannot open) I would have been turned away on the spot.

No one explicitly says there would be a drug test, but it is assumed by most people. They took blood, which I assumed would be used for drug and disease testing. The only thing I remember them asking me at my medical was if I was an "addict" of either drugs or alcohol, to which I said no. Sure, I'd smoked pot in the past (I had been clean for 6+ months at the time of my test out of paranoia) but I would never call myself an "addict." Personally, I'd be more concerned about a knees-on-backwards alcoholic coming to the US than a pot smoker... but that's representative of the current drug/political climate, and a whole different can of worms.

It's time for you to really buckle down and figure out what your options are. You're getting a lot of good advice here. If he hasn't stopped smoking, get him to NOW, like today. Pot is fat soluble and remains in the body's lipids for quite awhile if he's a regular smoker. He should probably stay away from people who are smoking it indoors too, as he may not get stoned, but it has been known that trace amounts will show up in a test from secondhand inhalation. I don't think he actually has to go to any kind of therapy though; I've never heard that. It might look good upon re-application, that's all I can think of.

** Just had a thought, and it's something he should keep in mind: Many, MANY jobs in the U.S. require a urine test to be hired, I'm sure you know that. Make sure he is well aware of that. If he's not totally put off from smoking at that point, that is. I haven't touched it in almost two years now I think, don't miss it... and I'm a twenty-something Canadian who partied every other night of the week. See where I'm going with this?

He can buy home drug tests and test himself to check his progress. It might not be as accurate as the ones medical centres will use, but it's a decent gauge. There's also this infographic that demonstrates just HOW LONG it takes for it to pass out of your body - it's no joke:

This doesn't mean he should stop smoking 30 days before he tests again. He should cut it completely for the sake of being with you and his child, ya dig?

Good luck to you guys and your little one - you'll be back together before you know it

Edited October 14, 2013 by Gervl

[Ketsuban 1,034]

Deleted my post - someone has given this advice and I didn't see!

Edited October 14, 2013 by Ketsuban

[Justine+David 218]

I would try to get married in the UK as soon as possible so you can try to be married for 2 years by the time the second visa comes around; it will save you $600 in removing conditions that he would otherwise be required to do with you.

[David & Diana R 1,005]

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

This may not be a popular answer but...

Let me see if I understand you. You are pregnant, work two jobs and will eventually have to resign from one of the two jobs because your fiance made you pregnant. (Irresponsible fiance?) Your dad is going to sign up to be the co-sponsor because you don't make enough money to support your fiance even once he gets here. Your fiance smokes weed the day before his medical. (Irresponsible fiance?) Oh come on now, who doesn't know that drug tests will be conducted at the medical exam? Something just is not right here.

So here are my questions: Is your fiance working three jobs and supporting you? Are there any plans for him to do this?

He can afford to buy and smoke weed but you are struggling and can barely makes ends meet now. In fact, you can't even support him when he gets here and that's why your dad is going to be the co-sponsor. Are you sure you want to get yourself into this situation? Sure, you might love him but...think about it.

I am not being judgemental but...Just saying.

Aloha Ke Akua

[Hypnos 6,576]

(Can anyone confirm that he cannot get a VWP?

He can apply, but would need to declare his previous visa refusal. His chances of receiving an approved ESTA are not zero, but are pretty damn close to it right now.

Just wanted to say its much easier to get married in Scotland rather then the UK unless your fiance can take at least 3 weeks off.

Scotland is part of the UK; the OP would need a visa to marry there just the same as they would in England, Northern Ireland or Wales.

Edited October 14, 2013 by Hypnos

[cluvsr 3]

This may not be a popular answer but...

Let me see if I understand you. You are pregnant, work two jobs and will eventually have to resign from one of the two jobs because your fiance made you pregnant. (Irresponsible fiance?) Your dad is going to sign up to be the co-sponsor because you don't make enough money to support your fiance even once he gets here. Your fiance smokes weed the day before his medical. (Irresponsible fiance?) Oh come on now, who doesn't know that drug tests will be conducted at the medical exam? Something just is not right here.

So here are my questions: Is your fiance working three jobs and supporting you? Are there any plans for him to do this?

He can afford to buy and smoke weed but you are struggling and can barely makes ends meet now. In fact, you can't even support him when he gets here and that's why your dad is going to be the co-sponsor. Are you sure you want to get yourself into this situation? Sure, you might love him but...think about it.

I am not being judgemental but...Just saying.

Aloha Ke Akua

you are being judgmental he works 10-12 hour days 6-7 days a week occasionally smoked weed I took a second job because i wanted to try to qualify on my own but my dad offered to be back up just in case and I'm working towards my licensed optician and I don't think women should just be weak and depend on a man just because he makes good money which he does and he has made it clear he will send me whatever I need he's not some loser like you make him out to be and I'm not the type to take money from people just because I can I'm a big girl and I work hard I don't sit on my butt and apply for aid just because I qualify. Your not being helpful I was hesitant to even post originally because I didn't wanna deal with comments like yours Edited October 14, 2013 by cluvsr

[cluvsr 3]

He can apply, but would need to declare his previous visa refusal. His chances of receiving an approved ESTA are not zero, but are pretty damn close to it right now.

Scotland is part of the UK; the OP would need a visa to marry there just the same as they would in England, Northern Ireland or Wales.

we've ruled out me going there to get married I can't take 3 weeks off my manager won't approve that length of time so looks like we will be continuing the fiancé visa route :/

[cluvsr 3]

Hey OP, just wanted to give you my 2 cents.

Do your research very well- if it turns out he can take tests every month (maybe at the doctor) and you will have a chance to apply in 1 year- that might not be so bad.

I know it seems impossible now, but one year actually isn't that long. And if you can spend time together during that period with you going to England, that would be awesome. The rest of the time can be spent watching DVDs while on the phone together and stuff.

The hardest part will be him missing his child's birth (Can anyone confirm that he cannot get a VWP? Alternatively, is there anything wrong with you heading over to England on a longer term visa and having the child there?). BUT, on the flip side, if your child is born in the US while he is in England, when he finally does get over to the US there and gets to live with you and meet his precious child, he will not take it for granted! He will probably be the best dad cos he's learnt from his mistakes the hard way and will see any time with you two, his family, as precious.

You can get through this year. Your love can get you through the year, and then you can be together. But do your research to make sure it's all possible, and then be strong and supportive for each other over the course of the year. I've said a prayer for you guys, I truly hope this works out so your family can be together.

thank you for you encouraging words and it's a tough lesson but it's been learned from and it's killing him because he's always wanted children there's nothing he wouldn't do to make this right.

[cluvsr 3]

So sorry to hear about this It's a shame the Federal government is so scared of pot. Not like it's crack or heroin, ya know?

With my Visa type, my medical results would only be read at the point of border crossing/POE ... bags checked in and on the way to the plane, flight paid for, standing in the secondary inspection area at the customs gate. If I had come up positive (they send you with a sealed envelope that you receive a few days after your medical that you cannot open) I would have been turned away on the spot.

No one explicitly says there would be a drug test, but it is assumed by most people. They took blood, which I assumed would be used for drug and disease testing. The only thing I remember them asking me at my medical was if I was an "addict" of either drugs or alcohol, to which I said no. Sure, I'd smoked pot in the past (I had been clean for 6+ months at the time of my test out of paranoia) but I would never call myself an "addict." Personally, I'd be more concerned about a knees-on-backwards alcoholic coming to the US than a pot smoker... but that's representative of the current drug/political climate, and a whole different can of worms.

It's time for you to really buckle down and figure out what your options are. You're getting a lot of good advice here. If he hasn't stopped smoking, get him to NOW, like today. Pot is fat soluble and remains in the body's lipids for quite awhile if he's a regular smoker. He should probably stay away from people who are smoking it indoors too, as he may not get stoned, but it has been known that trace amounts will show up in a test from secondhand inhalation. I don't think he actually has to go to any kind of therapy though; I've never heard that. It might look good upon re-application, that's all I can think of.

** Just had a thought, and it's something he should keep in mind: Many, MANY jobs in the U.S. require a urine test to be hired, I'm sure you know that. Make sure he is well aware of that. If he's not totally put off from smoking at that point, that is. I haven't touched it in almost two years now I think, don't miss it... and I'm a twenty-something Canadian who partied every other night of the week. See where I'm going with this?

He can buy home drug tests and test himself to check his progress. It might not be as accurate as the ones medical centres will use, but it's a decent gauge. There's also this infographic that demonstrates just HOW LONG it takes for it to pass out of your body - it's no joke:

This doesn't mean he should stop smoking 30 days before he tests again. He should cut it completely for the sake of being with you and his child, ya dig?

Good luck to you guys and your little one - you'll be back together before you know it

he quit immediately and doesn't intend to start again he knew he'd have to when he came to America I think it was more boredom and the fact that he's alone over there thank you for your helpful information

Here's a five year perspective on the London medical at Knightsbridge clinic--

The blood test is not for drugs ( or even HIV any more) It is for sexually transmitted diseases. The blood test given would not reveal drugs.

A drug screening is not routinely given. It is not part of the medical exam so no you wouldn't read about it on their website or most posts. But two forms ask about prior drug use. That or admitting to use recently or looking or smelling of weed can prompt them to order a drug test.

Some suggestions of what you can do.--

Call the Knightsbridge clinic and ask them what he can do (and where) over the next year to prove to them that he has rehabilitated himself. Attending any kind of drug rehab group or counseling would be a positive step. Drug screenings would be good evidence. But ask the clinic who will do the exam for a plan.

If you want to marry because of the baby, then get the UK marriage visa and go marry. Then when you start over, it is for a CR1 visa (2 year greencard). If by the time he enters the US, you have been married for two years, it will be the IR1 visa (10 year greencard). The application process is identical for either one.

Moving to the UK as a spouse is not easy since changes were recently made. He must make a certain income level and your status would take a number of years to become a permanent resident.

thank you nich-nick you've always been super helpful

[lynndy38 64]

He can apply, but would need to declare his previous visa refusal. His chances of receiving an approved ESTA are not zero, but are pretty damn close to it right now.

Scotland is part of the UK; the OP would need a visa to marry there just the same as they would in England, Northern Ireland or Wales.

Off course they'd still need a marriage visa.....I was talking about the actual marriage ceremony.

I married my US husband in Scotland last year because of the UK marriage laws which stipulated your foreign spouse had to reside in the UK at least 8 days before you could apply to get married then there was a 2 week notice time too....so about a 3 week wait before you could get married.

Scotland did not require the '8 day head on pillow' residence. Nor the notice of marriage time.

Thank you for the geography lesson but I am English...I kinda know where Scotland is.

Edited October 14, 2013 by lynndy38

[JC77 0]

he did when they said they were going to do the drug test next he knew it would be positive and came clean before hand he was hoping that being truthful would be better than answering questions after the fact

Cluvr,

How did the doctor administer the drug test to your fiance? Was it through a blood test or a urine test?

[cluvsr 3]

Cluvr,

How did the doctor administer the drug test to your fiance? Was it through a blood test or a urine test?

urine

[Kiwinyc 62]

Aside from meeting the residency requirements (being in-country for 8 days then waiting another week before being able to marry, (except if marrying in Scotland)) you only need to apply for UK fiancé visa IF YOU WANT TO STAY IN THE UK TO LIVE AFTER MARRYING. If you do not or can not, there there's nothing to stop you coming in as a TOURIST and getting married and GOING BACK TO THE US afterwards. You would need clear ties that you do indeed intend to return home if asked at the UK POE. This is just the same as there being nothing stopping a non-USC from getting married on the VWP and GOING HOME afterwards and then having their new USC spouse file and wait for the whole IR/CR-1 process to play out. The only different difference is where you get married.

FWIW I've been through both UK fiancée and US fiancée visa processes. The US process was definitely a bigger PITA.