Jump to content
Ktav

marijuana use and psychiatric evaluation

 Share

94 posts in this topic

Recommended Posts

Filed: K-1 Visa Country: El Salvador
Timeline

Unless the panel physician finds that an applicant is a drug or alcohol abuser, that is correct -- the interviewing officer cannot deny the visa on medical grounds (212(a)(1)) for using drugs. The only way an applicant could be found ineligible because of marijuan use other than on medical grounds would be if he/she had a criminal conviction or the officer had sufficient "reason to believe" that the individual was a drug dealer...and I don't think either of those apply to your fiance! So, the most important thing for him is convincing the panel physician and psychiatrist.

I so hope you're right! He passed the psych and medical exam as not a current nor past drug abuser, just that he has used it in his past. I see that people have been denied for this...but the doctor told him today that she did not check those boxes and that he is definitely still eligible for the visa. We still have to wait for the Interview, but from what you're saying, this part is behind us (If I understand) i really hope so. He told me that they said he might be tested once he gets here, which I've never heard of but obviously we will be willing to comply with anything they ask!

Link to comment
Share on other sites

Filed: Timeline

I so hope you're right! He passed the psych and medical exam as not a current nor past drug abuser, just that he has used it in his past. I see that people have been denied for this...but the doctor told him today that she did not check those boxes and that he is definitely still eligible for the visa. We still have to wait for the Interview, but from what you're saying, this part is behind us (If I understand) i really hope so. He told me that they said he might be tested once he gets here, which I've never heard of but obviously we will be willing to comply with anything they ask!

Congrats on passing that hurdle!

All individuals who apply for adjustment of status (as you will have to do after you get married) must supply a medical evaluation done by a civil surgeon. Normally for K-1 visa holders, who have already had an overseas medical, that is just a report that all vaccinations are current. However, there are times when a full medical is needed (e.g., if your overseas medical is more than a year old when you apply for AOS, if there is a known potential issue, etc.). He needs to be sure and remain marijuana free to make sure there are no future issues.

Hope all goes smoothly on the rest of your process.

Link to comment
Share on other sites

I so hope you're right! He passed the psych and medical exam as not a current nor past drug abuser, just that he has used it in his past. I see that people have been denied for this...but the doctor told him today that she did not check those boxes and that he is definitely still eligible for the visa. We still have to wait for the Interview, but from what you're saying, this part is behind us (If I understand) i really hope so. He told me that they said he might be tested once he gets here, which I've never heard of but obviously we will be willing to comply with anything they ask!

Hey, great news! Keep us posted for the interview.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Link to comment
Share on other sites

Filed: K-1 Visa Country: El Salvador
Timeline

Congrats on passing that hurdle!

All individuals who apply for adjustment of status (as you will have to do after you get married) must supply a medical evaluation done by a civil surgeon. Normally for K-1 visa holders, who have already had an overseas medical, that is just a report that all vaccinations are current. However, there are times when a full medical is needed (e.g., if your overseas medical is more than a year old when you apply for AOS, if there is a known potential issue, etc.). He needs to be sure and remain marijuana free to make sure there are no future issues.

Hope all goes smoothly on the rest of your process.

Ok! Thanks for the information. Obviously I won't relax until I have the visa in hand, but now I understand better about what he meant by being drug tested again here. I thought they might randomly ask him to come in, but it makes more sense that it will be when we apply for AOS. Either way, it's a non-issue, he will remain substance free without any problem at all, and would have even without all of this. I can't wait for this stress to be over and to just focus on the baby :)

His status is now listed as "Ready" as of May 10th so we are just waiting for them to give us the interview date.

Link to comment
Share on other sites

Filed: K-1 Visa Country: Czech Republic
Timeline

Ok! Thanks for the information. Obviously I won't relax until I have the visa in hand, but now I understand better about what he meant by being drug tested again here. I thought they might randomly ask him to come in, but it makes more sense that it will be when we apply for AOS. Either way, it's a non-issue, he will remain substance free without any problem at all, and would have even without all of this. I can't wait for this stress to be over and to just focus on the baby :)

His status is now listed as "Ready" as of May 10th so we are just waiting for them to give us the interview date.

I am so happy to hear that!

i admitted past marijuana use (not current) when I got denied entry, May 15th, so I know this will come biting back. And it is great to know there is a way. :)

Crossing fingers and hoping for good news from you soon!

Link to comment
Share on other sites

  • 2 weeks later...
Filed: Country:
Timeline

Congratulations!!! I'm so happy for you guys!!

Take that to all the Negative Nancy's telling us that you should lose hope!

I'm so glad that everything worked out. I wish you guys a happy life together, and good luck with the rest of your pregnancy! You can now truly relax. (Tell him he owes you some foot rubs for the trouble he caused! lol!)

Fiancee Visa Timeline

1/7/16 - I-129F Sent

1/28/16 - NOA1

3/10/16 - NOA2

4/8/16 - NVC Sent

5/2/16 - Medical

5/2/16 - Interview

5/4/16 - Physical

5/10/16 - Dropped passport off at Embassy

5/12/16 - Visa in Hand

5/21/16 - POE

7/10/16 - Marriage

 

AOS Timeline

7/21/16 - Mailed packet

7/23/16 - Packet delivered

7/28/16 - NOA1

10/7/16 - Biometrics

11/30/16 - EAD/AP Approved

12/6.16 - EAD/AP Received

1/21/17 - New card ordered for production

1/23/17 - Greencard Approved (no interview)

1/24/17 - Greencard Mailed

1/26/17 - Greencard Received

 

  • On Oct 13th AOS status was updated to say that a notice was returned due to post office being unable to deliver it. Tier two told me that it was biometrics or NOA1 (even though I had received both before this date).

  • A few weeks later I received a notice dated Nov 10th, in regards to my call about the Oct 13th notice. The new notice said that there were no RFE's or withholding on my case. So still not sure what this Oct 13th notice was about.

  • Received a letter from a NY office on Dec 23rd (dated Dec 10) stating that my medical was over 1 year old. (At this point my medical was only 7 months old)

  • Teir two submitted an internal service request to which I got a response telling me that I need to respond to RFE ASAP

  • Submitted another service request on 1/6/17. To which I got a response on 1/19/17 stating that my case was pending and is outside of processing time (no mention of RFE)

 

ROC Timeline

10/21/18 - Packet Sent

xx/xx/xx - NOA1

xx/xx/xx - NOA2

xx/xx/xx - Card Received

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Mexico
Timeline

Congrats! I am glad to hear it worked out for you guys. I can add your case to the others I have now seen that admitted drug use and were approved anyway. Best wishes on your upcoming marriage and new addition to your family! :)

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

Link to comment
Share on other sites

Filed: AOS (apr) Country: Saudi Arabia
Timeline

Visa approved! He arrived in the US a few days ago. They determined that he had a history of use but no current problem. He was honest and it was scary, but in the end he passed! They told him he may get tested here during the AOS process, which will not be an issue.

Also, we did get an expedited interview because of our pregnancy, I guess it depends on the embassy. Total it took about 5 1/2 months. Thanks to the majority of you who sent positive vibes and helpful information. It really helped to hold onto hope. I know it could have been much worse and I'm so thankful that he will be here to meet our daughter as she enters the world.

Awesome news!!! I'm so happy for you. Even though I never commented as I'm unfamiliar with this situation, I have followed it. Congratulations!

<3  Our K-1 Visa Journey <3

I-129f sent -- 2-18-2016        

NOA1 -- 2-24-2016

NOA2 -- 05-02-2016

NVC received -- 05-13-2016

NVC left -- 05-18-2016

Embassy received -- 5-22-2016

Interview Date -- 8-31-2016

Interview Result -- APPROVED!!!

AP -- (09-07-2016)

Visa Issued -- 9-08-2016

US Entry -- 09-24-2016

<3 MARRIAGE -- 10-21-2016 <3

AOS, EAD, AND AP Filed 01-05-2017

NOA1 -- 01-19-2017

Biometrics -- 02-06-2017

EAD and AP approved -- 05-19-2017

AOS approved -- 08-24-2017

Received card -- 09-01-2017

❤ Baby boy is here!! December 26th 2017 ❤

 

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Ecuador
Timeline

*** Thread is moved from the K-1 Process forum to the K-1 Case Progress subforum. ***

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Link to comment
Share on other sites

So can anyone clarify, should you or should you not admit to using marijuana?

Assuming that you indeed use it of course, and that you are able to stop using 1 month in advance to "clean" your system.

It seems that admitting to any use is a problem (even if just once in the past or anything).

I would love some clarification on this.

Link to comment
Share on other sites

Filed: K-1 Visa Country: Czech Republic
Timeline

So can anyone clarify, should you or should you not admit to using marijuana?

Assuming that you indeed use it of course, and that you are able to stop using 1 month in advance to "clean" your system.

It seems that admitting to any use is a problem (even if just once in the past or anything).

I would love some clarification on this.

Never lie - that is the golden rule. And that is what everybody here will tell you.

Now, for volunteering information, that is another matter. So I think the best advice would be if they don't ask, don't tell. If they do ask, don't lie. Misrepresentation is a lifelong ban.

Link to comment
Share on other sites

Never lie - that is the golden rule. And that is what everybody here will tell you.

Now, for volunteering information, that is another matter. So I think the best advice would be if they don't ask, don't tell. If they do ask, don't lie. Misrepresentation is a lifelong ban.

Well, if they ask and I haven't used for over a month it is not really possible to detect, or even suspect really...

It seems like it would be foolish to say I did and then get banned... :/

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...