DS-260 - two questions related to marijuana use

[HanaBel 14]

Hello everybody!

I am way ahead of myself, as we have not filed the K-1 yet (wating for a lengthy divorce to be final), but I got refused two days ago at LAX and admitted to very occassional (10-15 times throughout my life) past use of marijuana, which is legal in my country. And I have not done it in the past 5 years. The refusal was based on me not being a bona fide visitor, not the marijuana and I stated in the record that I have never done it while in the US.

I know it is a big issue and will probably result in a year ban, but following a case here (Link:http://www.visajourney.com/forums/topic/466188-past-mental-health-and-drug-use-problems/),I decided to be proactive and obtain voluntary drug tests and assessments from psychologists, as well as letters from friends.

I am hoping to establish and prove a full remission prior to the future medical, to deal with the health based inadmissibility. And I have never been charged and have not committed a crime related to controlled substances in whatever country I was in.

I have found these two that are very helpful:

(this one was shared here) http://www.cdc.gov/immigrantrefugeehealth/pdf/mental-health-pp-ti.pdf

and this article:

http://www.nolo.com/legal-encyclopedia/will-legal-use-marijuana-make-applicant-immigration-benefits-inadmissible.html

My question here is, when I get to filing the DS-260, do I say yes to previous drug use and explain it was rare, recreational and I have established a remission and no to Have you ever violated, or engaged in a conspiracy to violate, any law relating to controlled substances? Does that sound right?

Thanks for any insights.

[baron555 934]

but I got refused two days ago at LAX aThe refusal was based on me not being a bona fide visitor,

This will have affect on a K-1 petition.

I know it is a big issue and will probably result in a year ban,

At most, but maybe not.

but following a case here (Link:http://www.visajourney.com/forums/topic/466188-past-mental-health-and-drug-use-problems/),I decided to be proactive and obtain voluntary drug tests and assessments from psychologists, as well as letters from friends.

May help

My question here is, when I get to filing the DS-260, do I say yes to previous drug use and explain it was rare, recreational and I have established a remission and no to Have you ever violated, or engaged in a conspiracy to violate, any law relating to controlled substances? Does that sound right?

That would be the most truthful answer......and this is the only comment that the VJ TOS would allow us to make.

[HanaBel 14]

but I got refused two days ago at LAX aThe refusal was based on me not being a bona fide visitor,

This will have affect on a K-1 petition.

Can you elaborate? I thought it has no bearing.

[baron555 934]

Can you elaborate? I thought it has no bearing.

My bad......typed slower than my brain was thinking.

It will have no affect on the K-1 petition.