K-1 Fiance Visa Denial After Interview

[del-2-5-2014 1,339]

The point here is not that he had previously used marajuana it is that the doctor pressured him to admit it when it was irrelevant to his future actions in America , just because he might have smoked some pot at university by no means hel be shooting up in America . His lifestyle did not include drug use and did not appear to look like there would be any future drug use so why would the doctor knowingly focus on it

The horrible thing is I lived in California for 2 years and they were the biggest potheads I ever met, all holding their little medical marajuana cards

Alright now hold on a minute let's not get belligerent.

[Boiler 44,855]

Just say no comes to mind, in this case to the Doctor.

Anyway as far as the VWP is concerned, he can try by updating ESTA with his visa refusal and see.

[David & Diana R 1,005]

The point here is not that he had previously used marajuana it is that the doctor pressured him to admit it when it was irrelevant to his future actions in America , just because he might have smoked some pot at university by no means hel be shooting up in America . His lifestyle did not include drug use and did not appear to look like there would be any future drug use so why would the doctor knowingly focus on it

The horrible thing is I lived in California for 2 years and they were the biggest potheads I ever met, all holding their little medical marajuana cards

The doctor wanted your other half to tell the truth. The doctor was doing his job. The doctor is supposed to ask the questions and he is supposed to report his findings. He is supposed to examine the patient and this line of questioning is not unusual. Whether your spouse felt "pressured" into telling the truth or not is irrelevant. The truth is the truth.

And I never said your other half was going to end up being a junkie.

And California potheads? Yeah, you are right. Medical marijuana, we both know that's a lot of nonsense. But despite California's laws you must remember that marijuana possession or use of any amount is illegal in the USA as per Federal Law. It is the Federal Government that oversees who comes and goes here, albeit they might be doing a poor job of it at times.

Now if your other half had simply said no we wouldn't be having this discussion. I don't even want to think how a 1 year ban would have meant to my wife and I. It would be heartbreaking so I will pray for both of you. I wish you the best of luck.

[SparklePony 238]

Secondly, he wasn't prepared. He should have researched to fidn out what happens during exams in London. I researched for my Wife ad nuseum so that she can know what to expect.

I'm not disagreeing with you on him not being prepared, but what are you going to do if the doctor is actively leading you into admission?

I mean, it's one thing to be prepared and try to avoid mentioning in a way that could raise suspicion, but if you're directly asked "Have you ever, in your entire life, used marijuana," you being prepared does you no good. You either admit to the use (if you have used it), or you lie.

Like I saw on a thread once, don't volunteer information. But sometimes it's not volunteering, it's answering a straight direct question.

[del-2-5-2014 1,339]

The doctor wanted your other half to tell the truth. The doctor was doing his job. The doctor is supposed to ask the questions and he is supposed to report his findings. He is supposed to examine the patient and this line of questioning is not unusual. Whether your spouse felt "pressured" into telling the truth or not is irrelevant. The truth is the truth.

And I never said your other half was going to end up being a junkie.

And California potheads? Yeah, you are right. Medical marijuana, we both know that's a lot of nonsense. But despite California's laws you must remember that marijuana possession or use of any amount is illegal in the USA as per Federal Law. It is the Federal Government that oversees who comes and goes here, albeit they might be doing a poor job of it at times.

Now if your other half had simply said no we wouldn't be having this discussion. I don't even want to think how a 1 year ban would have meant to my wife and I. It would be heartbreaking so I will pray for both of you. I wish you the best of luck.

After the denial of the K1, a medical denial would mostly mean a hard stop for us.

I'm not disagreeing with you on him not being prepared, but what are you going to do if the doctor is actively leading you into admission?

I mean, it's one thing to be prepared and try to avoid mentioning in a way that could raise suspicion, but if you're directly asked "Have you ever, in your entire life, used marijuana," you being prepared does you no good. You either admit to the use (if you have used it), or you lie.

Like I saw on a thread once, don't volunteer information. But sometimes it's not volunteering, it's answering a straight direct question.

The Doc doesn't know me, I won't show up with a Cannabis advertisemetn tshirt so he has no basis to push for an answer. I of course would have researched what year tests can still dectect the drug. Then based on how the question is asked, I would say no.

[SparklePony 238]

The doctor wanted your other half to tell the truth. The doctor was doing his job. The doctor is supposed to ask the questions and he is supposed to report his findings. He is supposed to examine the patient and this line of questioning is not unusual. Whether your spouse felt "pressured" into telling the truth or not is irrelevant. The truth is the truth.

And California potheads? Yeah, you are right. Medical marijuana, we both know that's a lot of nonsense. But despite California's laws you must remember that marijuana possession or use of any amount is illegal in the USA as per Federal Law. It is the Federal Government that oversees who comes and goes here, albeit they might be doing a poor job of it at times.

Well, it's also his job to question in such a way that is relevant to the intent of the medical, no? I agree that it is the doctor's job to find the truth and it could well be that the OP's fiance felt pressured into admitting something where there was no pressure at all. But again, I would think there's a difference in the way things are asked.

As for the legality of it, there's another issue to think about and that is that marijuana is legal in some countries, like mine (Portugal). So, you would not be breaking a law if you used it here. It would be tantamount to smoking plain cigarettes. I wonder if that influences the medical in any way as I have not done mine yet. I'm sure the people who use it here can't see into the future and see that one day they might be applying for a visa for the US.

[David & Diana R 1,005]

FIrst and foremost it is his medical examination. He is a customer paying the Doctor (yes I know the embassy considers themselves the customer). He should have been an active participant in the medical examination.

Secondly, he wasn't prepared. He should have researched to fidn out what happens during exams in London. I researched for my Wife ad nuseum so that she can know what to expect.

This is not meant to flog the OP and her SO but as a guide for others to involve themselves in this process actrively by doing research. This immigration thing is a big deal and needs to be taken as such.

You know GOWAN I rarely disagree with you but in this case I have to say something. Regarding your point: FIrst and foremost it is his medical examination. He is a customer paying the Doctor (yes I know the embassy considers themselves the customer). He should have been an active participant in the medical examination. I disagree wholeheartedly. The United States Of America is the customer. These medical exams are designed to "help" eliminate persons from coming here that should not. I paid for my wife's medical in Manila. The physician there had a duty to report his or her findings to the United States Government. The reason for the exam is to protect the citizens of the greatest country in the world.

GOD Bless the USA and let's all say a prayer for our brothers and sisters in the Philippines who have lost friends, family and loved ones in the most recent typhoon. Thank God my wife's family survived, but thousands were not so fortunate.

Aloha,

[del-2-5-2014 1,339]

You know GOWAN I rarely disagree with you but in this case I have to say something. Regarding your point: FIrst and foremost it is his medical examination. He is a customer paying the Doctor (yes I know the embassy considers themselves the customer). He should have been an active participant in the medical examination. I disagree wholeheartedly. The United States Of America is the customer. These medical exams are designed to "help" eliminate persons from coming here that should not. I paid for my wife's medical in Manila. The physician there had a duty to report his or her findings to the United States Government. The reason for the exam is to protect the citizens of the greatest country in the world.

GOD Bless the USA and let's all say a prayer for our brothers and sisters in the Philippines who have lost friends, family and loved ones in the most recent typhoon. Thank God my wife's family survived, but thousands were not so fortunate.

Aloha,

We actually agree on this matter.

I know you have an underlying distate for those that smoke marijuana. I share the same sentiments with you but as a health care worker I am morally flexible enough to consider that it might help certain members of the society. Do I wnat my train driver or pilot to be doped up? This is the moral/legal issue that we will have to consider.

In terms of the medical, guess what, the customer is the guy that is getting his blood drawn adn getting his body xray'd. DOS/USCIS is merely the recipient of the result, they are not the customer. They get to make the ultimate decision if the examined gets to come in the gate.

Hwo can we be good friends if we don't disagree once in a while and then make up after wards? What will we toast to then?

[David & Diana R 1,005]

Well, it's also his job to question in such a way that is relevant to the intent of the medical, no? I agree that it is the doctor's job to find the truth and it could well be that the OP's fiance felt pressured into admitting something where there was no pressure at all. But again, I would think there's a difference in the way things are asked.

As for the legality of it, there's another issue to think about and that is that marijuana is legal in some countries, like mine (Portugal). So, you would not be breaking a law if you used it here. It would be tantamount to smoking plain cigarettes. I wonder if that influences the medical in any way as I have not done mine yet. I'm sure the people who use it here can't see into the future and see that one day they might be applying for a visa for the US.

You're 100% right! I am sure the doctor is supposed to ask patients if they have used and/or currently are drug users. The patient replies and it is the duty of the physician to then report their findings. Relevant, yes.

As for legality it Portugal, it's irrelevant. The laws of Portugal have nothing to do with US immigration laws. Marijuana is, according the the United States Federal Government illegal. It is the United States Federal government that is asking the questions here. Simple. The laws of other countries do not apply here at all.

[David & Diana R 1,005]

We actually agree on this matter.

I know you have an underlying distate for those that smoke marijuana. I share the same sentiments with you but as a health care worker I am morally flexible enough to consider that it might help certain members of the society. Do I wnat my train driver or pilot to be doped up? This is the moral/legal issue that we will have to consider.

In terms of the medical, guess what, the customer is the guy that is getting his blood drawn adn getting his body xray'd. DOS/USCIS is merely the recipient of the result, they are not the customer. They get to make the ultimate decision if the examined gets to come in the gate.

Hwo can we be good friends if we don't disagree once in a while and then make up after wards? What will we toast to then?

I love you man.....ever heard of Maui Wowee?? I live on Maui.

Aloha my friend.

[justojai 53]

Lesson learnt!

Doc: have you ever smoked marijuana before

Me: l cant remember

let the result tell.

[Ryan H 3,810]

One post contributing nothing to the discussion has been removed; post constructively or do not post.

[VickyP 34]

Hmmm I mean does that even make sense?

I gets a one year ban now, next year they will ask the same question, he answers no, then will they tell him, well last time you said yes! Huh?

[SparklePony 238]

Marijuana is, according the the United States Federal Government illegal. It is the United States Federal government that is asking the questions here. Simple. The laws of other countries do not apply here at all.

Oh, I understand that perfectly. I'm just saying you shouldn't be penalized for doing something that was legal for you at the time, and then, years later (not for current users) have that come back to bite you in the rear end.

It's all a moot point anyway, as the OP's fiance has learned his lesson and hopefully so will others who will find this thread. I just like the discussion.

Hmmm I mean does that even make sense?

I gets a one year ban now, next year they will ask the same question, he answers no, then will they tell him, well last time you said yes! Huh?

A year later he has had a chance to prove he is not using anymore as he has been tested throughout that year.

[kitthekat 1,317]

I have a question...would it be helpful for someone with a previous history of drug use to get tested at a private facility every 3 months over the period of a year before the medical (maybe to start the testing schedule even before filing the I-129F), in anticipation of the questions that will be asked at the medical? Would this be considered proof that they are clean and no longer using?