K1 denied due to past drug use admission, go CR1 now?

[Cameron Earley 0]

Hello All,

 

Fiance had her K1 interview in early Jan 2020 in Bogota.  At the medical exam the Dr. asked about prior drug use and she admitted to smoking marijuana in the past.  The Dr. sent her to the pysch. who sent her for a drug test.  We received the notice today that she is ineligible for admission to due to being a drug addict/drug abuser.  And she was informed she can retake the medical exam after jan. 3 2021.  My question to the forum is:

 

Should I withdraw petition and get married in Colombia and then apply for a CR1.  If we are going to have to wait a year to retake the medical exam, would it be better to spend the year awaiting the process of CR 1 to complete?  I am sure that if we get married in March or April that we will not have an interview until after jan.3 2021 which would satisfy the year sanction.  And instead of now getting the K1 get married in states and apply for Green Card, just start that process now and get a green card instead of the K1 visa.

 

Thanks,

[Just Paul 4,595]

31 minutes ago, Cameron Earley said:

Hello All,

 

Fiance had her K1 interview in early Jan 2020 in Bogota.  At the medical exam the Dr. asked about prior drug use and she admitted to smoking marijuana in the past.  The Dr. sent her to the pysch. who sent her for a drug test.  We received the notice today that she is ineligible for admission to due to being a drug addict/drug abuser.  And she was informed she can retake the medical exam after jan. 3 2021.  My question to the forum is:

 

Should I withdraw petition and get married in Colombia and then apply for a CR1.  If we are going to have to wait a year to retake the medical exam, would it be better to spend the year awaiting the process of CR 1 to complete?  I am sure that if we get married in March or April that we will not have an interview until after jan.3 2021 which would satisfy the year sanction.  And instead of now getting the K1 get married in states and apply for Green Card, just start that process now and get a green card instead of the K1 visa.

 

Thanks,

Usually they hold the petition for a year for a drug.  CR1 will take longer, most likely.   Just wait the year and do the medical.

[Ontarkie 14,432]

Plus the 1 year drug refusal will still apply to the CR1

[Cyberfx1024 7,980]

I would get married and file the CR1 to be honest with you. If you got times of this long then why not allow her to be a GC holder when she comes here?

[Cameron Earley 0]

All really good thoughts, Is kind of what I am thinking visa vi the time involved.  I am a digital nomad so is no problem for me to wait it out in Colombia, I am already spending most of my time here anyway.

 

Would like to hear from some others to see the consensus. I appreciate all of your wisdom.