Previous marijuana use admission

[Tanya876 0]

I am new to this and just wanted some insight. My fiance was initially interviwed for his K1 Visa last year August. Prior to his interview he admitted to trying marijuana years ago during his medical exam. Nothing happened and his interview went well. In fact, his counsular said had he not had an assault offense on his record he would have been approved. She recommended we file a I-601 waiver to have the fist fight excused as it happened in his teenage years. That process took about a year as it was just approved this past August. The embassy said all he needed to do was renew his medical and come in to take the oath as another interview isn't required. We were so excited. He went to the medical exam and gave the same answer when asked about previous marijuana use. However, this time the sent him to a psychiatrist to determine whether or not he is an addict. The psychiatrist said the process will take about 6-8 weeks before the hospital contacts him to pick up his medical. Needless to say we are extremely nervous. Please let me know if anyone has gone through anything similar and if so the outcome. Thanks.

[TBoneTX 45,966]

*** Thread moved from K-1 Process forum to the Embassy/Consulate forum -- topic involves that phase. ***

[LionessDeon 2,060]

Yes we went through that process. We didn't have a good experience with the psychiatrist. After the psychiatrist got his report finished, they called my fiance to pick up the medical packet take it to DHL himself for delivery to the Kingston Embassy. Once the Embassy received it they called my fiance back for a 2nd interview and he received a one year ban for past use. They returned his passport to him at that time. (He also had a 2005 Ganja charge that they had given him a waiver form for)

With the passing of the new law in JA, I didn't think they were sending people to psychiatrist visits anymore. I also didn't think they were giving one year bans anymore as the Embassy lifted my fiance's ban early. So I don't know, there is no set procedure in place....it's just luck of the draw or how much the IO likes you or not.

I don't know...it seems that every case is handled differently...there's no set rules or guidelines as to what is done. Each IO determines what the outcome is. Some get bans, some don't. Some get sent to a psychiatrist, some don't. Some need waivers for charges, others are overlooked. I know the psychiatrist did not like my fiance. He made very inappropriate remarks and questions that had nothing to do with why my fiance was there. Others had good experiences with him.

Edited October 2, 2015 by LionessDeon

[JasminU 2]

I am new to this and just wanted some insight. My fiance was initially interviwed for his K1 Visa last year August. Prior to his interview he admitted to trying marijuana years ago during his medical exam. Nothing happened and his interview went well. In fact, his counsular said had he not had an assault offense on his record he would have been approved. She recommended we file a I-601 waiver to have the fist fight excused as it happened in his teenage years. That process took about a year as it was just approved this past August. The embassy said all he needed to do was renew his medical and come in to take the oath as another interview isn't required. We were so excited. He went to the medical exam and gave the same answer when asked about previous marijuana use. However, this time the sent him to a psychiatrist to determine whether or not he is an addict. The psychiatrist said the process will take about 6-8 weeks before the hospital contacts him to pick up his medical. Needless to say we are extremely nervous. Please let me know if anyone has gone through anything similar and if so the outcome. Thanks.

My fiance received a 1 year ban in July for past drug use. You can look at my time line for details of our situation. But like Lioness stated everybody's situation is different.

Yes we went through that process. We didn't have a good experience with the psychiatrist. After the psychiatrist got his report finished, they called my fiance to pick up the medical packet take it to DHL himself for delivery to the Kingston Embassy. Once the Embassy received it they called my fiance back for a 2nd interview and he received a one year ban for past use. They returned his passport to him at that time. (He also had a 2005 Ganja charge that they had given him a waiver form for)

With the passing of the new law in JA, I didn't think they were sending people to psychiatrist visits anymore. I also didn't think they were giving one year bans anymore as the Embassy lifted my fiance's ban early. So I don't know, there is no set procedure in place....it's just luck of the draw or how much the IO likes you or not.

I don't know...it seems that every case is handled differently...there's no set rules or guidelines as to what is done. Each IO determines what the outcome is. Some get bans, some don't. Some get sent to a psychiatrist, some don't. Some need waivers for charges, others are overlooked. I know the psychiatrist did not like my fiance. He made very inappropriate remarks and questions that had nothing to do with why my fiance was there. Others had good experiences with him.

Hey, I'm curious. What law are you referring to?

[LionessDeon 2,060]

My fiance received a 1 year ban in July for past drug use. You can look at my time line for details of our situation. But like Lioness stated everybody's situation is different.

Hey, I'm curious. What law are you referring to?

Decriminalization law passed recently.

[Tanya876 0]

Ok, thanks guys!

[rmcke001 0]

Hi. I am hoping that since you already waited a year for the waiver approval that your situation will be overlooked. I don't know much about this process but by the time I am done I hope to know a little so I can help someone too. Hope to hear good news.

[CourtneyTaffari 0]

Did his police record show that there is a marijuana charge on it?

[LionessDeon 2,060]

Yes it's been 2 mos since we submitted our waiver packet. Processing times are listed at 5 mos.

[Tanya876 0]

Just a little update, my fiancé received a phone call from the hospital stating that they have sent his medical and psychiatric evaluation to the embassy. They said that he could come and pick up the cd from them and contact the embassy for a follow up appoinment. He emailed the embassy and they said they are reviewing his file and will contact him in due time for a second interview.

[TBoneTX 45,966]

Thanks for the update. Good luck.

[rmcke001 0]

Great. Best wishes.

[Tanya876 0]

Thanks!

[LionessDeon 2,060]

Just a little update, my fiancé received a phone call from the hospital stating that they have sent his medical and psychiatric evaluation to the embassy. They said that he could come and pick up the cd from them and contact the embassy for a follow up appoinment. He emailed the embassy and they said they are reviewing his file and will contact him in due time for a second interview.

Best of Luck!! Let us know how it goes!!

[Tanya876 0]

An unfortunate update, since October my fiance has been waiting to be contacted as to when he can go back to the embassy for a follow up interview. He emailed the embassy after weeks and months of not hearing anything and they assured him that he will get a phone call soon. More time passed so he emailed them again and they said it is processing and he should continue to wait. Now in the new year, its been four months so he sent another email and they responded by saying there is no further action to take as he is not eligible. They said that he must email the embassy in August for more information. That was it. No reason as to why he is ineligible and no mention of his approved waiver or medical that was submitted. We are devastated to say the least. August is when the application expires. So if he is not eligible and has to wait until August to email them again does that mean we are back at square one? We have to reapply and pay all those fees again? We are so hurt and confused.