K1 refused under 212a

[Boiler 44,057]

OP did not quote the full clause and often when they do they seem to get it wrong.

[tonyb919 107]

OP did not quote the full clause and often when they do they seem to get it wrong.

I was thinking the exact same thing..

[Lotusflower33 1]

Did they approve you at the interview? Or did the medical come late? Was there any criminal background?

They gave us a 221g as the medical records did not come. They also requested a criminal background which was fine.

[Lotusflower33 1]

Did he disclose to the physician at the medical exam that he does use drugs?

My wife told me that they only asked her if she used drugs.

Are you sure that the reason for the denial was based solely on the medical results and not because of something in his police file?

Well, I just learned something new as I did not know they drug test at the medical exam.

They did as him about drug use and he said he has done it in the past thinking honesty is the best policy. I really dont know if he was tested they just stated refusal under 221a.

[tonyb919 107]

They gave us a 221g as the medical records did not come. They also requested a criminal background which was fine.

Very confusing as you originally said the visa was denied under 212a.

221g is usually a temporary refusal awaiting further investigation or submittal of additional documents.

maybe its best if you contact your fiance and have him send you a copy of the correspondance they gave him, I know all to well how our dear spouses/fiances can misinterpret things in regards to immigration

Edited October 29, 2015 by tonyb919

[Lotusflower33 1]

Let me refrain the question.. Has anyone petitioned as CR1 after denied with K1 under 212(a) drug abuse?? any feed back would be appreciated.

[skins4lyfe 4]

Very confusing as you originally said the visa was denied under 212a.

221g is usually a temporary refusal awaiting further investigation or submittal of additional documents.

maybe its best if you contact your fiance and have him send you a copy of the correspondance they gave him, I know all to well how our dear spouses/fiances can misinterpret things in regards to immigration

Not really confusing at all. He got a 221g at the interview because the medical was not done yet. After they got the medical, they sent him a denial form with 221a, and most likely on the grounds of drug use.

[tonyb919 107]

Not really confusing at all. He got a 221g at the interview because the medical was not done yet. After they got the medical, they sent him a denial form with 221a, and most likely on the grounds of drug use.

Yes, now I see it more clearly...thank you.

[IcezMan_IcezLady 582]

Let me refrain the question.. Has anyone petitioned as CR1 after denied with K1 under 212(a) drug abuse?? any feed back would be appreciated.

Filing CR-1 will not help your situation.

Other posters have answered to the question and listed the consequences.

That 212a denial will be on his file waiting for him should you file and might be scrutinized again.

I wonder if your fiance gave the response like "I used drug long time ago or no recent drug use or no drug use" at any point in this process?

Because that response and the medical report showed that he was dishonest if that was his response.{that's hypothetical]

The best option is to have your fiance go through the drug testing and whatever it comes with it. if that was the only reason for the denial, then resolving it will help your chances.

It will give you two time to build your relationship and reflect on some things.

Skipping past the reason for the denial and starting another process won't get you off the hook. The One year is probably in effect already.

Take your time and deal with the present situation. it is only a set back.

Good luck

[LionessDeon 2,060]

Let me refrain the question.. Has anyone petitioned as CR1 after denied with K1 under 212(a) drug abuse?? any feed back would be appreciated.

You have to fix the drug issue first. Just going to get married and filing a CR1 will not solve anything.

I have some experience with this...you can PM me if you want.

Best of Luck!

[Pinkrlion 2,620]

He will still have a one year ban, and he will have to comply with multiple drug tests during that year, then he can reschedule interview, redo medical, etc....

[brett40000 24]

I have dwi's and a felony drug conviction years ago and was not denied. Of course, i'm the petitioner so maybe that couldn't negate our visa. I thought the only thing they would deny you for was violations of the Adam Walsh act. I really feel bad for you.

[Other.0 22]

Looking further into the type of refusal either 212a or 212g and I found the below information from the Dept of State website

http://travel.state.gov/content/visas/en/general/ineligibilities.html

What does a denial under INA section 212(a)(6)©(i) mean?

You were refused, or found ineligible, for a visa under section 212(a)(6)©(i) because you attempted to receive a visa or enter the United States by willfully misrepresenting a material fact or committing fraud. This is a permanent ineligibility, so every time you apply for a visa, you will be found ineligible for this reason.

not true. a i601 waiver can help, with Strong Extreme Hardship letter.

[Pinkrlion 2,620]

OP is not talking about a drug conviction, failed medical due to admission of past drug use.

[Boiler 44,057]

not true. a i601 waiver can help, with Strong Extreme Hardship letter.

Most 601's get approved with a basic application, not just a letter.

If there are multiple complicating factors then you do need to work on them.