K1 Background checks? Marijuana use?

[Marlz1844 36]

Hi everyone, 

 

First, I’d to say how grateful for this forum. The information here helped me immensely. I sent off our I-129F application today. However, I worry a lot. At this point, will the USCIS do a background check on me? I’m the petitioner. I’ve never had any issue with USCIS background checks. In the past all of my immigration issues were settled within 9 months including asylum, green card and naturalization. 

 

My boyfriend had a little runnings with the law when he was 13 yrs old, he was arrested for fighting in school. He’s now 26 yrs old. We’re in the processing of finding out whether or not this is still on his record.  Also, he has been a recreational marijuana user for about 4 yrs. I asked him to stop and promised me that he will. Assuming that he stop all together, should I still worry about this considering the waiting for interviews is about 6-9 months? 

[JFH 12,190]

The marijuana use will likely be a problem. During the medical examination he will be asked if he has EVER used recreational drugs. He MUST answer truthfully. Recent cases have shown that using marijuana results in a ban of up to 1 year with random drug-testing during this period. 

[Marlz1844 36]

2 minutes ago, JFH said:

The marijuana use will likely be a problem. During the medical examination he will be asked if he has EVER used recreational drugs. He MUST answer truthfully. Recent cases have shown that using marijuana results in a ban of up to 1 year with random drug-testing during this period. 

 

Considering how slow the cases are moving, I think he’ll have enough time to detox it from his system. That being said, if traces of marijuana isn’t found in his system during the medical exam and he stays truthful about his past uses, will this still be issue? 

 

We’ve already talked about detoxing. 

[Unlockable 7,314]

To be honest, it could be. I mean, it is not like he tried it once in his youth. He is an avid user.

 

The doctor will ask him when was the last time he used. Be prepared for a ban just in case.

[Pinkrlion 2,723]

Yes, you will have a background check.  Yes, he will have a one year ban for marijuana use.  JA doctors know when they lie about weed.

[geowrian 22,337]

31 minutes ago, Marlz1844 said:

Considering how slow the cases are moving, I think he’ll have enough time to detox it from his system. That being said, if traces of marijuana isn’t found in his system during the medical exam and he stays truthful about his past uses, will this still be issue?

It's not a guaranteed ban, but the decision to refuse the visa due to drug use is at their discretion. From JA, based on what I've read here, a 1 year ban is more likely than not.

[Marlz1844 36]

11 minutes ago, Pinkrlion said:

Yes, you will have a background check.  Yes, he will have a one year ban for marijuana use.  JA doctors know when they lie about weed.

 

Only if the presence of marijuana is detected right? What is if, it isn’t? Will he still get the one year ban for being honest? 

[Pinkrlion 2,723]

Regardless of if he tests positive or not during his examination he will be asked a series of questions on drug use.  JA doctors know when they are lying.  Years of drug use exhibit certain physical characteristics. The MD determines...recommends, the embassy imposes at their discretion.  

[Marlz1844 36]

31 minutes ago, Pinkrlion said:

Regardless of if he tests positive or not during his examination he will be asked a series of questions on drug use.  JA doctors know when they are lying.  Years of drug use exhibit certain physical characteristics. The MD determines...recommends, the embassy imposes at their discretion.  

 

Pardon me, I’m just trying to understand. So you’re saying that even if he tests negative, the MD at his or discretion, can determine if he’s habitual user given physical characteristics? So one can fail a drug test despite no THC being found in the system? 

 

I’m confused. 

[geowrian 22,337]

1 minute ago, Marlz1844 said:

Pardon me, I’m just trying to understand. So you’re saying that even if he tests negative, the MD at his or discretion, can determine if he’s habitual user given physical characteristics? So one can fail a drug test despite no THC being found in the system?

They can pass the drug test itself but still be ineligible for a visa based on prior use (as determined by telling the truth and/or physical characteristics).

[Marlz1844 36]

3 minutes ago, geowrian said:

They can pass the drug test itself but still be ineligible for a visa based on prior use (as determined by telling the truth and/or physical characteristics).

He does not exhibit any “physical characteristics” of a marijuana user. Okay I understand you now. This is ridiculous if you ask me, and one of the reasons people lie to immigration. That being said, honesty is always the better policy. 

[Lemonslice 4,852]

54 minutes ago, Marlz1844 said:

He does not exhibit any “physical characteristics” of a marijuana user. Okay I understand you now. This is ridiculous if you ask me, and one of the reasons people lie to immigration. That being said, honesty is always the better policy. 

Consequences of misrepresentation are far worse than 1 year ban... another good reason to be honest.

[Misspeggy 0]

if he stop consuming marihuana then the test would be negative, and that's what matters, so he will not be a marihuana user at that time, and that's what really matters. Just skip obvious things that are not that important like everyone in real life would do.

Edited October 19, 2017 by Misspeggy

[Roel 7,192]

Kind of wrong advice. No matter what the test show he has to admit to using weed in the past. If he lie and it will come out he will get a permanent ban for USA. 

 

1 hour ago, Misspeggy said:

if he stop consuming marihuana then the test would be negative, and that's what matters, so he will not be a marihuana user at that time, and that's what really matters. Just skip obvious things that are not that important like everyone in real life would do.

 

[Unlockable 7,314]

8 hours ago, Marlz1844 said:

He does not exhibit any “physical characteristics” of a marijuana user. Okay I understand you now. This is ridiculous if you ask me, and one of the reasons people lie to immigration. That being said, honesty is always the better policy. 

 

Actually it is not ridiculous. Your fiance is trying to hide it by "cleaning" his system now. So quite honestly he is being deceitful. If a drug test was not part of the process then he would continue using it. Saying that it is ridiculous is not seeing the big picture. A person with a history of drug use will likely continue to use it.

 

Getting caught lying will result in a permanent ban. Why can't he take responsibility of his actions and tell the truth. He actually may not get a ban.