starting the process for my new husband

[Mojoegyrl 0]

Hello all, sorry if this has already been discussed.  Me and my husband recently married and I am ready to start the petition process.  I am sooooooo scared because I wanted to use and attorney to file since he has been denied for visitors visa and K-1 and I feel it will be overwhelming for me to do it.  He was denied the k-1 for medical reason.  The attorney was so expensive.

My question is, can someone walk me thru the steps needed to be done so that I can file.  I know it will take a while but I am confusing myself with what I am reading.  

 

Do I have to first file the I130 or go straight to the CR1

 

[TNJ17 1,329]

http://www.visajourney.com/content/guides/

 

choose the visa visa type you want to apply for and follow the guidelines. Easy breezy. 

[Crazy Cat 41,884]

5 minutes ago, Mojoegyrl said:

He was denied the k-1 for medical reason

Has his medical condition been resolved?

[Unlockable 7,314]

Rarely have I heard of an denial of K1 for medical reason unless it was for TB. Regardless, unless the medical issue is resolved he will have the same issue.

 

The previous denials for visitor visas will not effect a K1 application unless he misrepresented himself.

[Dashinka 24,507]

2 minutes ago, NuestraUnion said:

Rarely have I heard of an denial of K1 for medical reason unless it was for TB. Regardless, unless the medical issue is resolved he will have the same issue.

 

The previous denials for visitor visas will not effect a K1 application unless he misrepresented himself.

Which if the case could impact him with any other visa applications.  However, since we do not know the country he is from, it could be the case of a rubber stamp B1 denial due to that. 

[Mojoegyrl 0]

His previous denial was because of canabais in his system.  which was last year.  He as stopped since then.

[Mojoegyrl 0]

He is in Jamaica.  He did not represent himself.  He was told by the interviewer to stop smoking.

[Unlockable 7,314]

Ah. So it was drugs. So now the obvious question is, has he stopped smoking? Because if he goes through this process again and it is found in his system again, prepare to make some tough decisions.

 

Also, usually, when dealing with refusals based on drugs the CO would like to see evidence that the applicant has been drug free during the time between medicals. So if it has been a year since his interview they would like to see that he has been drug tested periodically during that year.

 

Quick question. When he had his last medical, was he asked by the physician if he ever used drugs? If so, did he answer, "Yes"? Or did he answer "No" and they later found he had drugs in his system?

Edited December 9, 2017 by NuestraUnion

[Mojoegyrl 0]

6 hours ago, Mojoegyrl said:

He is in Jamaica.  He did not represent himself.  He was told by the interviewer to stop smoking.

As I stated he has since stopped smoking and has been free of it since last year the middle of last year secondly when he was asked he didn't notify them that he did smoke at my question is not what the denial reason is or was for my husband my question was which form do I complete 

[Unlockable 7,314]

OK. Just trying to help. Reason I ask is because he may encounter problems with this K1 since it is now documented he used. If he was asked directly and did not admit to the drug use but it was later discovered, then that is misrepresentation. Misrepresentation can lead to a ban.

 

If he has been drug free, they will likely need to see evidence. So they may hold the K1 while he undergo periodic drug test over time. There are cases on this board where people had to go through multiple drug test before being issued a visa. They are no just going to take an applicants word for it. They want to see evidence.

 

Here are the steps to the K1...

http://www.visajourney.com/content/k1guide

http://www.visajourney.com/content/k1flow

Edited December 9, 2017 by NuestraUnion

[Longingfor 195]

4 minutes ago, NuestraUnion said:

OK. Just trying to help. Reason I ask is because he may encounter problems with this K1 since it is now documented he used. If he was asked directly and did not admit to the drug use but it was later discovered, then that is misrepresentation. Misrepresentation can lead to a ban.

 

If he has been drug free, they will likely need to see evidence. So they may hold the K1 while he undergo periodic drug test over time. There are cases on this board where people had to go through multiple drug test before being issued a visa. They are no just going to take an applicants word for it. They want to see evidence.

 

Here are the steps to the K1...

http://www.visajourney.com/content/k1guide

http://www.visajourney.com/content/k1flow

In OP original post she stated that they recently got married after visitor visa denial and k1 denial. She is now going to petition for him the CR1 route.

[Unlockable 7,314]

Steps to spousal visa...

http://www.visajourney.com/content/i130guide1

[geowrian 22,337]

Agreed - if he said he didn't use drugs but they discovered that he did, then that is cause for a material misrepresentation bar. This is a permanent bar on any visa, but is waivable. Even if they choose not to assess a bar, it does hurt his credibility. This isn't to scare you, but just something to be aware of so it's not a surprise if it is the case.

 

You file an I-130 (along with all required and supporting documents that go with it). Once approved, that goes to NVC. NVC guide: http://www.visajourney.com/wiki/index.php/NVC_Process. Once the case is complete at NVC, they schedule the interview at the embassy. A new medical will be needed.

[angelbrown 195]

Is your timeline correct? It says K1 approved. Also, you can update it to the correct country so it will fall under the Jamaica portal. That way others who have dealt with that embassy can also assist you. An attorney is not needed unless your case is a bit more complicated. First step is to file the I-130. The CR1 is the conditional resident gc if married less than 2 years.  https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/immigrant-visa-for-spouse.html#2 

I would recommend familiarizing yourself with the process before submitting the application and reading/searching this site so you will know what to expect to avoid any checklists or RFEs. 

 

Edited December 9, 2017 by angelbrown

[Ryan H 3,812]

Moved from Progress Reports to Process & Procedures.