waiver needed?

[senoritacindy 0]

happy friday to all!

yesterday i went to the embassy in mexico city to file a k-3 visa with the i-130. when i handed in the papers, the woman asked me if i had filed before and i said yes but that the visa was denied due to a previous drug use. she told me we would have to file a waiver, but i am unaware of that.

anyone have any ideas as to if i need to file a waiver and which one i would file?

thanks so much!

cindy

[blueblue 0]

What visa were you denied due to drug use? When was the denial and when was the alledged drug use last occur according to the denial?

There is no waiver for being declared a drug addict (Mexico regularly declares an alien a drug abuser if they admit to having tried any illegal drug even one time within the last 3 years). It is a 3 year ban and then you have to prove that you are 'recovered' when you apply for the new visa.

Do you and your spouse live in Mexico? You are trying to file your petition directly with CDJ or you had filed it in the US and the approved petition was sent to CDJ?

[senoritacindy 0]

we were denied an F-129k visa ( i think that is the number...sorry, i am having a mental block right now. it was a fiancee visa). the denial was in nov of 2004. my (now) husband tested positive for drugs when he did the urine test.

how should we prove that he is recovered? this is what i have always wondered. he stopped doing drugs when the visa was denied, and he is going to counseling. should i have him take drug tests? i know that he is no longer using because we are married and living together in mexico. we have been married for almost 2 years. we just filed the papers in mexico city (on thurs) and they told me the papers will go to cdj when they are done in mexico city.

[Boiler 45,519]

I have seen this same scenario on www.immigrate2us.net

I do not remember the details, there is a minimumtime period plus proof of having changed his ways.

[kitkat1 5]

we were denied an F-129k visa ( i think that is the number...sorry, i am having a mental block right now. it was a fiancee visa). the denial was in nov of 2004. my (now) husband tested positive for drugs when he did the urine test.

how should we prove that he is recovered? this is what i have always wondered. he stopped doing drugs when the visa was denied, and he is going to counseling. should i have him take drug tests? i know that he is no longer using because we are married and living together in mexico. we have been married for almost 2 years. we just filed the papers in mexico city (on thurs) and they told me the papers will go to cdj when they are done in mexico city.

Didn't CDJ give you instructions on the requirements to prove rehabilitation? I think you should contact Laurel Scott for a consult.