K-1 Fiance Visa Denial After Interview

[Boiler 44,855]

In Colorado the Feds have basically said they will not interfere, now if you are smoking on Federal lands or selling across Sate boundaries that is another issue.

As a general rule I am against drugs but I am also a realist and draw a line at harm to others.

A case could be made that the greatest harm to the population is done by legal drugs.

[dwheels76 5,466]

My fiance and I first filed our i-129F with the USCIS 14 months ago and were so excited when he finally went in for his interview today. The interview was going well until the end when they brought up his medical he had done a few weeks prior. Somehow in all of our research and hours of paperwork we had missed the very important point that admission of marijuana use would lead to his visa getting denied. During the medical appointment the doctor practically talked him into admitting he had smoked before telling him that he needed to be honest because if they found out they would not be lenient on him. Now I'll be the first to say that sure he enjoys a couple of drinks at the pub but he is not a drug user and not a habitual smoker. However, since he has had it before the doctor made it seem necessary to disclose the information. Of course he didn't tell him that admission would lead to denial of the visa. Really great guy that doctor....reallllly great guy.

So the test came back negative and clean...as expected... but now we're dealing with this issue where they are practically accusing him of being a criminal and drug user??! Now I'm trying to figure out how my fiance, a good decent guy, who yes has tried pot before, is doing with a 221(a)(1)(2) visa denial and apparently a 1 year ban from coming to the United States? I don't know but to me that sounds absolutely ridiculous. After 8 years of being together long-distance all we want is to be together right now. It's so baffling to me why they try to catch you out at every turn. From what I'm reading on here it looks like we may have to wait 1 year and for him to do drug testing every 3 months. Yeah... I kid you not. We're so confused, upset and shocked.... I am absolutely so sick to my stomach about all of this.

So we really just need any advice on the following from anyone that may have experience dealing with these issues:

- Now that he has this denial on his "record" can he come over to the US to see me? Even if he stays for the less than 90 days? He said that there may be a 1 year ban on coming to the US? Is this true?

- Can we get married and then file for the CR-1 (what we should have done in the first place!!)? Or do we need to wait for the year to pass regardless?

- Once the year passes do we need to start the whole process all over again and re-file with the i-129F? That took a year for us to do in the first place! Then that would mean this whole thing could cost us 2 years!!

- If this is the case...can we re-file now for it to be ready to go after the year?

- Is there any chance of the i-601 appeal for this? It seems like the appeal is only for hardships and neither of us have anything that could be grounds for that. From what we've seen these don't really ever get approved? Just another way for them to laugh at us while they take our money? (looks like it's 500$ for that appeal request)

- Is it worth hiring a lawyer to help with this or will it end up costing us an arm and a leg with no better outcome?

Thank you so much for any advice or suggestions you have.

OP look at this. Behind every dark cloud is a silverlining.

http://www.visajourney.com/forums/topic/469278-final-update-husband-admitted-to-marijuana-use-in-medical-exam-advice-and-experiences-please/

[Cam54 84]

This feed is getting silly, on one side you have the rational people saying you can't judge someone's morals for trying pot when younger and then you have the other side of "I'm a saint, America is amazing" like they think someone is watching. Neither side will be convinced by the others argument it seems

[SaltedCaramel 0]

Whoa! What a thread… sorry I just joined VJ and wanted to participate.

OP, I'm sorry that you're going through this. Although I cannot speak about your Fiance's Marijuana use, I wanted to give you some support in terms of what previous life's events could mean in your visa journey.

Although different, my medical history could be deemed as 'mental illness'. When I was younger, an incident left me with PTSD and Depression. I was a victim. I had to go through therapy and I was only 12 years old when it happened. I was told by others that this could be grounds for dismissal under their mental health guidelines… I would never lie about it, because I'm proud that I was able to conquer that event and haven't had problems with it since I was about 16 (and I am MUCH older now…). It has actually propelled me to become a very successful adult (both in my personal and professional life). But of course, I'm still nervous with how the embassy will see it.

What I've researched and read about my story is similar to yours… each doctor is going to be different. I understand the legalities of it being illegal federally. But there have been people who have admitted to drug use one time when they are 12 years old and getting their visa's approved. Just like I've read that there were cases where someone had 'cut' themselves when they were 15 years old (or even some who have tried to attempt suicide years ago) and was also approved. I've also read that someone had gone into their medical interview and said 'NO' to drug usage and he had submitted some documents in his file for treatment he had went through that listed admission to previous drug use. I don't remember how that ended… but I couldn't imagine that being a good thing for a immigration officer to discover - and having to back track that? Good luck…

Don't beat yourself up or let your fiancé beat himself up for telling the truth. Yes, the one year ban DOES suck… but you told the truth. Your and US immigration may not see eye to eye, but what is done is done. I hope you've received the official letter and can start working towards next steps. Good luck!

Edited December 9, 2013 by SaltedCaramel