Ciudad Juarez - Denied

[Covetangel 1]

K1 visa denied due to admission during medical exam of previously experimenting with marijuana but blood and urine was clean because it was a one time thing.  We were given a letter that we could go back no earlier than March 2018.  Will we have to reapply or reschedule the exam?  Also, are we going to have a fair chance?  Now we have time should we get married and reapply.. would our chances be better?   

[tab0712 141]

2 hours ago, Covetangel said:

K1 visa denied due to admission during medical exam of previously experimenting with marijuana but blood and urine was clean because it was a one time thing.  We were given a letter that we could go back no earlier than March 2018.  Will we have to reapply or reschedule the exam?  Also, are we going to have a fair chance?  Now we have time should we get married and reapply.. would our chances be better?   

So, what do they want you to do the next time... deny ever doing it? Sounds like entrapment to me. If the tests came back clean what the f more do they want. This is ridiculous. 

[geowrian 22,337]

This is a typical response. Once the ban has passed, they may request more testing to confirm that he is still clean. They only implement the ban on the last known use, so as long as he remains clean it won't be an issue after the ban has passed.

[Covetangel 1]

What do you mean ban?  The medical exam proved he was clean, but after 4 hours of deliberation... he said because you tried marijuana " it is my decision... and I say no" .   Yes, unfortunately honestly isn't the best policy.  We did everything, even had a lawyer and because he admitted to trying it once he was denied.  I just don't know what we are up against for the next appointment and do we reapply all over again.  The letter is very vague and there is no real help.  My attorney is a piece of piece of work, so choose your attorney wisely.  Get very strong recommendations...

[geowrian 22,337]

9 minutes ago, Covetangel said:

What do you mean ban?  The medical exam proved he was clean, but after 4 hours of deliberation... he said because you tried marijuana " it is my decision... and I say no" .   Yes, unfortunately honestly isn't the best policy.  We did everything, even had a lawyer and because he admitted to trying it once he was denied.  I just don't know what we are up against for the next appointment and do we reapply all over again.  The letter is very vague and there is no real help.  My attorney is a piece of piece of work, so choose your attorney wisely.  Get very strong recommendations...

Well, it's not really a "ban" actually. It's commonly referred to as one (by myself included) but it's really just an ineligibility for a visa until he can satisfactorily show remission from use. The medical exam results showed he was clean at the time of testing...not that he has been clean for a year which they tend to look for.

 

Honesty is always the best policy with immigration. A one year delay is much better than any misrepresentation.

 

Some other threads for similar cases:

 

Edited July 20, 2017 by geowrian

[Penguin_ie 5,993]

**** Moving from CR-1 to What Visa Do I Need forum as Op is now considering both the K1 and the CR-1 ******

[GRod 1]

That really sticks. I am sorry to hear that. Where are you going to stay? My attorney told me the same thing. To always tell the truth.

[tab0712 141]

23 hours ago, GRod said:

That really sticks. I am sorry to hear that. Where are you going to stay? My attorney told me the same thing. To always tell the truth.

It seems like the truth isn't always the best policy in terms of this. If it's been more than 6 months that someone has touched alcohol or any drug... and tests will come out clean, why in the hell would they suspend the process? That is so unfair to all parties involved. 

[GRod 1]

I agree with you.

Are you in mexico with him?

[Transborderwife 4,666]

11 minutes ago, tab0712 said:

It seems like the truth isn't always the best policy in terms of this. If it's been more than 6 months that someone has touched alcohol or any drug... and tests will come out clean, why in the hell would they suspend the process? That is so unfair to all parties involved. 

Don't do the crime if you can't pay the time.  Honestly, I think that it's only about to get worse.

[Transborderwife 4,666]

~~topic moved to k1 forum as it pertains directly to a k1~~

[tab0712 141]

1 hour ago, Transborderwife said:

Don't do the crime if you can't pay the time.  Honestly, I think that it's only about to get worse.

Smoking pot is legal in many areas. So your saying if someone smoked pot on vacation or even lives where its legal while in Colorado, California, Alaska, Maine, Massachusetts, Nevada, Oregon, Washington State and Washington DC int he states, along with: Uruguay, most of S. Africa and parts of India. They should be separated for almost another year from their loved ones? What if you are permitted to smoke it for medicinal purposes? I'm sorry, but its 2017 and things are changing around us, as should guidelines. 

[Unidentified 2,930]

2 minutes ago, tab0712 said:

Smoking pot is legal in many areas. So your saying if someone smoked pot on vacation or even lives where its legal while in Colorado, California, Alaska, Maine, Massachusetts, Nevada, Oregon, Washington State and Washington DC int he states, along with: Uruguay, most of S. Africa and parts of India. They should be separated for almost another year from their loved ones? What if you are permitted to smoke it for medicinal purposes? I'm sorry, but its 2017 and things are changing around us, as should guidelines. 

It's still illegal on a federal level. Yes, sadly things are changing in the wrong direction. 

[geowrian 22,337]

1 minute ago, tab0712 said:

Smoking pot is legal in many areas. So your saying if someone smoked pot on vacation or even lives where its legal while in Colorado, California, Alaska, Maine, Massachusetts, Nevada, Oregon, Washington State and Washington DC int he states, along with: Uruguay, most of S. Africa and parts of India. They should be separated for almost another year from their loved ones? What if you are permitted to smoke it for medicinal purposes? I'm sorry, but its 2017 and things are changing around us, as should guidelines. 

Opinions on what should happen and the law as it stands today are not always in sync. That's just the reality of the process. Always be honest (there is no other option), and be prepared for any consequences.

[Transborderwife 4,666]

2 minutes ago, tab0712 said:

Smoking pot is legal in many areas. So your saying if someone smoked pot on vacation or even lives where its legal while in Colorado, California, Alaska, Maine, Massachusetts, Nevada, Oregon, Washington State and Washington DC int he states, along with: Uruguay, most of S. Africa and parts of India. They should be separated for almost another year from their loved ones? What if you are permitted to smoke it for medicinal purposes? I'm sorry, but its 2017 and things are changing around us, as should guidelines. 

It's still a federal crime.  They are perusing tougher sentences on marijuana related charges even where it's legal: http://www.newsweek.com/marijuana-legalization-marijuana-jeff-sessions-640904

 

Medicinal purposes would be LEGAL so not a crime.  Don't split hairs.