k1 Fiance Visa with Jamaican denied over marijuana possession

[1500milesinlove 0]

I am so glad I am not alone in regards of this not making sense. 

 

He did not admit to any recent use. I am not sure what he said exactly but he did not admit to using marijuana in his adult life. He was clean months before the exam. Regarding the arrest, it was just that, possession. He was not charged with using it at the time. He truthfully answered the DS160 questionnaire and admitted to his arrest. . Also, please note, there isn't a sufficient record of this arrest. He was in custody for about 4 hours and paid a $100JA (roughly $0.75 USD) fine when he went to court. Since then, the laws in Jamaica surrounding marijuana have changed significantly and they consider this charge to be non existent. (I know the US gov't doesn't feel that way) I only say that because when he was trying to provide the embassy with court documents they initially requested, he could not obtain them. He was told to come back to court house and they still could not produce the record. The same thing happened at the precinct where they held him. He had to go to the Ministry of Justice to provide a letter stating the charge was expunged and so forth. 

 

The email from the emabassy read " Following the review of Mr. X 's case file,the Consul Officer would like to speak to the applicant again. An appointment date has been scheduled for March xx 2017. 

[Jawaree 718]

GEAC is not always accurate, ppl are in the US & its still saying they are

refused, it can mean a waiver maybe needed, seemingly he will be questioned

on the arrest, all cases are different however most times when the embassy

recalls a beneficiary again I'll say there's questions to be answered...dont

despair its still a doable case....stay positively blessed

[LionessDeon 2,060]

I am not confused by the process.  I am confused by your statements.  They conflict.

 

1. There is concern that he does have a history of past use (he did use marijuana in his adult life).  You can't mince words and say well he had stopped smoking months before the medical and he tested clean....so since he has no recent use he'll just state no use in his adult life.  It's very simple...either he used or he never did.  And from your prior statements he has used in the past.   Now whether or not the embassy will put 2 and 2 together, I don't know.  But he has been arrested for possession and if he "never used in his adult life" that insinuates he was selling it, otherwise why would he have marijuana 15-20 grams of it in his possession. So, in my opinion it looks a little fishy here for misrepresentation.  You see where this is going?  

Possible outcome - one year ban (or worse for misrep).

 

2.  The arrest....regardless of court documents, fines, length of jail time...it was an arrest.  How do I know?  Because my now husband experienced the exact same thing.  My husband had an arrest on his Jamaican police record from 2005 for "smoking ganja".  Not possession, he was with a group of men smoking.  He paid a $1000JA fine ($10 USA) and was at the police station a few hours before they released him.  There are no court records. It was lieterally once sentence on his police record. This offense was expunged with the decriminalization of marijuana in Jamaica in 2015. So, I know exactly what you mean as we have first hand experience with this.  And our experience is....length of detainment, amount of fine, lack of court records, and expungment does not lessen the fact that there was an arrest. The embassy refused my now husband's visa and required a I-601 waiver.

Possible outcome - refusal with waiver eligibility.   

 

3. ceac status -  I keep asking you what your ceac status shows today because our ceac showed refused before he even went into his interview.  Is it possible that it shows that in error...sure.  Errors can happen, but it may offer a little insight.

 

4.  I know how hard this all is.  What you have to keep in mind is that in the USA marijuana is an illegal drug in federal eyes.  All the other semantics do not matter. I just want you to realize the whoel situation here.  I think it is best to know exactly what you are dealing with going in so you are not blind sided.  It is possible this all could not raise much issue and he be approved.  I have seen that happen also.

I truly hope everything works out for the best and your fiance can be with you very soon!  I'll keep you in my prayers and send positive vibes!

Edited March 1, 2017 by LionessDeon

[1500milesinlove 0]

Hello, 

 

So he was told he had to fill out the waiver. They reinterviewed him and gave him back his passport and took some western union receipts and some photographs from him. 

 

Can you tell me what this process is like and I what I need to do to get him through. Ive heard people say waivers dont work.