Ineligible for Health Reasons 212(a)1A3

[Ontarkie 14,226]

There was a Canadian long time ago. I'm thinking 2008 ish. He is a recovering alcoholic, was going for the K1 visa. I want to say he also had a DUI from at the time more then 20yrs ago. 

His case was a bit different though. He had more then 20yrs of sobriety not a drop if I remember right and he passed the medical and interview. It was not until he tried to cross the border with his visa that he was denied entry and his visa voided. 

They got a lawyer, got married and had to start all over and be denied to get a waiver. It was a long journey. 

 

If I remember right alcoholism is what they denied him at and even though he was sober for 20yrs(trying to remember things right) they still deemed him as an alcoholic. 

[Mia and Scott 25]

2 hours ago, Ontarkie said:

There was a Canadian long time ago. I'm thinking 2008 ish. He is a recovering alcoholic, was going for the K1 visa. I want to say he also had a DUI from at the time more then 20yrs ago. 

His case was a bit different though. He had more then 20yrs of sobriety not a drop if I remember right and he passed the medical and interview. It was not until he tried to cross the border with his visa that he was denied entry and his visa voided. 

They got a lawyer, got married and had to start all over and be denied to get a waiver. It was a long journey. 

 

If I remember right alcoholism is what they denied him at and even though he was sober for 20yrs(trying to remember things right) they still deemed him as an alcoholic. 

Absurd. I honestly can’t believe the things they will put people through to be together. It’s wrong on so many levels. 

[Ontarkie 14,226]

2 minutes ago, Mia and Scott said:

Absurd. I honestly can’t believe the things they will put people through to be together. It’s wrong on so many levels. 

It can be crazy and every time I think I've seen it all something like above happens. 

[Boiler 45,524]

I have never heard of a PoE reviewing medical records or even looking at them. I do remember a K1 who had a criminal issue which the Consulate somehow missed and was sent back to do a waiver.

[SalishSea 17,834]

3 hours ago, Ontarkie said:

It was not until he tried to cross the border with his visa that he was denied entry and his visa voided. 

Interesting.  Usually, it is the other way round for Americans trying to enter Canada, since Canada is much more hard-line about DUIs.  I have a cousin who lives 10 minutes south of the BC border, but who cannot enter Canada because of a 2005 DUI.

[Wuozopo 4,293]

10 hours ago, Mia and Scott said:

They asked for a letter from his GP for more information on his mental state, which we provided and that stated he was of sound mind and health

I think If that’s all your GP stated, then likely the issue. He needed to say your husband had no addiction to alcohol or something more specific to alcohol abuse. I’m sure your husband was quizzed about his current drinking habits? Something like  “How many pints do you typically have on a night at the pub?” (I recall a bloke who was asked that and he said some huge number,) What was your husband’s response/discussion of drinking habits?

Edited November 30, 2021 by Wuozopo

[Boiler 45,524]

Begs the question if a GP would say that, how would they know.

Edited November 30, 2021 by Boiler

[Wuozopo 4,293]

9 hours ago, Boiler said:

Begs the question if a GP would say that, how would they know.

Exactly my thoughts. But the clinic wanted another opinion in writing since they only met him briefly.  They turned to the GP.  If “sound mind” was all they got, it didn’t convince them, but how would the GP know? 

[Mia and Scott 25]

41 minutes ago, Wuozopo said:

Exactly my thoughts. But the clinic wanted another opinion in writing since they only met him briefly.  They turned to the GP.  If “sound mind” was all they got, it didn’t convince them, but how would the GP know? 

I thought the same thing. I wasn’t happy with the GP’s letter, it wasn’t black and white enough. But he honestly hadn’t been in to seek them in a few years so the doctor honestly couldn’t say yes or no. My husband replied that he has a beer or two a couple nights a week. Nothing extreme but from what I’ve heard you basically have to say you barely ever drink except for special occasions for them to take you seriously.