K-1 Visa Denied Due to Marijuana Usage (Juarez) - Advice on Next Step?

[Andrew010101 2]

Hello all. My fiancee was drug tested at her medical exam in early December and tested positive for marijuana. Our K-1 was denied at the interview 3 days later. Unfortunately we were ignorant to this being a problem and now are trying to figure out what the next best step would be. She was recommended to do 12 months of drug testing/rehabilitation and come back for the medical exam/interview DEC2025. While this is not a problem, I have read/been told conflicting things such as drug use will likely result in a denial even with 12 months of clean testing. Since we have to wait this long again, I figured it might be best to get married and submit for the CR-1 instead so she can have her green card upon arrival, but I have seen that the wait times are upwards of 18 months or more. I am unsure of what to do next and there is a lot of conflicting accounts from everything I have read. I believe our next step should be one of the following:

1. Request to extend the I-129f until December. Fiancee does 12 months of drug tests and we redo the medical exam/interview. As said before, I have seen conflicting information with extensions as well; I have read that you can extend after denials by 4 months and others saying that you must refile, pay fees again, etc..

2. Cancel I-129f petition, get married, and submit the I-130.

 

If anybody as experience/advice on this, it would be greatly appreciated. Apologies if this is the wrong forum to post this in.

[OldUser 7,230]

Marry and file for CR-1.

 

Yes, the process will take 2-3 years.

 

There's not much you can do if you want to live in the US.

 

You're always free moving to Mexico and live there as a family.

Edited Tuesday at 11:43 PM by OldUser

[Andrew010101 2]

17 minutes ago, OldUser said:

Marry and file for CR-1.

 

Yes, the process will take 2-3 years.

 

There's not much you can do if you want to live in the US.

 

You're always free moving to Mexico and live there as a family.

 

That’s a hard decision to make, especially after expecting her to be here within a few months of the interview she had in December. Do you have any insight on how another I-129f petition would look after the prior denial? 

 

I am active duty so unfortunately I cannot move there with her while we file the paperwork. Thank you for your response.

Edited yesterday at 12:00 AM by Andrew010101
Misspelling

[SalishSea 18,062]

5 minutes ago, Andrew010101 said:

 

That’s a hard decision to make, especially after expecting her to be here within a few months of the interview she had in December. Do you have any insight on how another I-129f petition would look after the prior denial? 

 

I am active duty so unfortunately I cannot move there with her while we file the paperwork. Thank you for your response.

The drug denial is what it is.  Marrying and doing a CR-1 (while preferable for many reasons) will not change the inadmissibility.

 

In general, the consulate will tell you what the requirement is to proceed (i.e. a year of testing/rehab etc).

[SalishSea 18,062]

46 minutes ago, Andrew010101 said:

I have read/been told conflicting things such as drug use will likely result in a denial even with 12 months of clean testing

It is always discretionary per the consulate.  

[Andrew010101 2]

5 minutes ago, SalishSea said:

The drug denial is what it is.  Marrying and doing a CR-1 (while preferable for many reasons) will not change the inadmissibility.

 

In general, the consulate will tell you what the requirement is to proceed (i.e. a year of testing/rehab etc).

Understood. The clinic is the place that recommended 12 months of testing/rehabilitation, but the paper from the consulate stated the following: applicant has demonstrated abuse or addiction to a controlled substance. You may obtain a new medical examination on this date | dayDEC2025 ] to demonstrate that you no longer abuse controlled substances.
 

Pretty straight forward information but I was looking for possible insight or experience before we redo it and possibly get denied again. I also understand it is up to the consulate at the time of interview and no one knows for sure.

[SalishSea 18,062]

28 minutes ago, Andrew010101 said:

Understood. The clinic is the place that recommended 12 months of testing/rehabilitation, but the paper from the consulate stated the following: applicant has demonstrated abuse or addiction to a controlled substance. You may obtain a new medical examination on this date | dayDEC2025 ] to demonstrate that you no longer abuse controlled substances.
 

Pretty straight forward information but I was looking for possible insight or experience before we redo it and possibly get denied again. I also understand it is up to the consulate at the time of interview and no one knows for sure.

Valid questions.  I guess the consulate is the only ones who can answer that.  If the petition is returned stateside to USCIS, then you will need to refile.

 

It might be worth emailing them to state that you intend to pursue the visa and that you will obtain a new medical in a year.

[Andrew010101 2]

2 minutes ago, SalishSea said:

Valid questions.  I guess the consulate is the only ones who can answer that.  If the petition is returned stateside to USCIS, then you will need to refile.

 

It might be worth emailing them to state that you intend to pursue the visa and that you will obtain a new medical in a year.

I appreciate your responses. The return of paperwork from the consulate to USCIS confuses me. I could not find an answer on how long it’ll take for an official letter or notice of denial. Is there a chance it does not get sent back to USCIS and it remains open? Either way, I think even a refile of the I-129f and redoing everything would still be faster than the CR-1 route. 

 

Thanks again and sorry for all the questions. Finding answers on official government websites is hard when situations start to get unique. 

[OldUser 7,230]

23 minutes ago, Andrew010101 said:

Either way, I think even a refile of the I-129f and redoing everything would still be faster than the CR-1 route. 

It was faster in 2024 if you only count time to enter the US. If count time to receiving GC, I-129F route was slower because of long and expensive subsequent adjustment of status process. Past performance doesn't mean this will remain the same, especially with new administration coming.

 

CR-1 is a stronger choice, because as a spouse of US citizen, waiver can be filed if needed. You never know whether you'd wait for I-129F go get another denial. It's a bit harder to deny a spouse of US citizen and you have a chance of filing a waiver. Not sure same applies to fiance.

Edited yesterday at 01:18 AM by OldUser

[Andrew010101 2]

1 hour ago, OldUser said:

It was faster in 2024 if you only count time to enter the US. If count time to receiving GC, I-129F route was slower because of long and expensive subsequent adjustment of status process. Past performance doesn't mean this will remain the same, especially with new administration coming.

 

CR-1 is a stronger choice, because as a spouse of US citizen, waiver can be filed if needed. You never know whether you'd wait for I-129F go get another denial. It's a bit harder to deny a spouse of US citizen and you have a chance of filing a waiver. Not sure same applies to fiance.

Thanks for the response. Although aware of the importance and pros of coming with a green card vs. having to get one afterwards, we are really focused on getting her here ASAP. I think being in the military relieves a lot of stress that would be caused if she comes without a green card (knowing we will be stable regardless of her temporarily not working, etc.). 

 

I’m leaning towards trying the K-1 again but I’m hoping to get legal advice before making any decisions that could cost us some years. 

[lenny_k 8]

Fastest way to get her here is probably k-1. Contact the consulate and tell them what the doctor said and ask them to confirm. 

[Ontarkie 14,368]

2 hours ago, Andrew010101 said:

Understood. The clinic is the place that recommended 12 months of testing/rehabilitation, but the paper from the consulate stated the following: applicant has demonstrated abuse or addiction to a controlled substance. You may obtain a new medical examination on this date | dayDEC2025 ] to demonstrate that you no longer abuse controlled substances.
 

Pretty straight forward information but I was looking for possible insight or experience before we redo it and possibly get denied again. I also understand it is up to the consulate at the time of interview and no one knows for sure.

This comment from the consulate is clear. Basically do the 1 yr drug testing and redo the medical. Then if she passes the medical they will issue the visa. 

 

If you go the CR1 route you are going to come up again to the needing the 12 months drug tests. So making your wait time even longer. At least with the K1 it is already being held at the consulate until she passes the medical drug testing. 

[Ontarkie 14,368]

Have a long talk with your fiancé too, being that she failed the drug test means she used days before the medical. She needs to stay clean even once in the US as Federally it is still illegal. 

[Andrew010101 2]

21 minutes ago, Ontarkie said:

This comment from the consulate is clear. Basically do the 1 yr drug testing and redo the medical. Then if she passes the medical they will issue the visa. 

 

If you go the CR1 route you are going to come up again to the needing the 12 months drug tests. So making your wait time even longer. At least with the K1 it is already being held at the consulate until she passes the medical drug testing. 

I see. Are you implying that it would've specifically mentioned something along the lines of "do 12 months of testing AND resubmit I-129f" if that was the case? We are still waiting on the letter of denial but if the consulate only said what they said, that is all we must do? Thank you for the response.

[Cathi 5,782]

10 hours ago, Andrew010101 said:

I see. Are you implying that it would've specifically mentioned something along the lines of "do 12 months of testing AND resubmit I-129f" if that was the case? We are still waiting on the letter of denial but if the consulate only said what they said, that is all we must do? Thank you for the response.

She wasn't denied, her case was put on hold for a year until she completes another medical. Just be advised that she cannot smoke at weed ALL during this next year, not just the days leading up to the new medical.