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

[Bethie 109]

15 hours ago, Andrew010101 said:

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.

A friend of mine went throght this on their K!,   failed drug test, did what was needed for a year, then approved for K1 Visa.

No additional fees were paid, &   getting married will NOT overcome this, only means starting all over , more money, and about same amount of time of waiting it out a year, or starting overwth CR1 Visa processing

Best wishes .

[Ontarkie 14,432]

14 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.

Sorry for the late reply, no resubmitting the I-129f it is not denied but on hold to give her a chance to pass the medical. She needs to complete the drug testing as requested and then do another medical. Then they will redo the interview with the new medical and clear of drugs. She cannot be using drugs. If she fails than no visa of any sort.

[FromTheHills 13]

I would stick with the k-1 here. it's only a year more till you get the embassy appointment again. whereas with the Cr-1 its the 16 months wait for the i-130 and then another 1 year wait again for the Ciudad Juarez embassy. Not worth changing here. You would be starting from scratch

Edited January 8 by FromTheHills
one final sentence i forgot

[KMG 139]

19 hours 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.

I understand that I130 petitions for active military can be expedited. 

[Ontarkie 14,432]

16 minutes ago, KMG said:

I understand that I130 petitions for active military can be expedited. 

That is only for active duty. They will not be able to expedite the 12 months drug testing as that will only come up again at the medical and interview. It would still be faster to finish the K1.

Edited January 8 by Ontarkie

[Andrew010101 4]

10 hours ago, Ontarkie said:

Sorry for the late reply, no resubmitting the I-129f it is not denied but on hold to give her a chance to pass the medical. She needs to complete the drug testing as requested and then do another medical. Then they will redo the interview with the new medical and clear of drugs. She cannot be using drugs. If she fails than no visa of any sort.

Thank you!! Sorry, my profile is new so it wouldn’t let me make another comment the whole day. I appreciate you and your advice. Is there a way I can get this confirmed? I know calling USCIS gets you nowhere so I wonder if the consulate is any better. Again, thank you. I’ll have to give them a call soon. 

[Andrew010101 4]

8 hours ago, Ontarkie said:

That is only for active duty. They will not be able to expedite the 12 months drug testing as that will only come up again at the medical and interview. It would still be faster to finish the K1.

I am active duty but I believe it is only if you are on orders to deploy. Furthermore, it only expedites one part as far as I know- and I don’t believe it is getting the medical exam or interview faster. I may be wrong. 

[Andrew010101 4]

9 hours ago, FromTheHills said:

I would stick with the k-1 here. it's only a year more till you get the embassy appointment again. whereas with the Cr-1 its the 16 months wait for the i-130 and then another 1 year wait again for the Ciudad Juarez embassy. Not worth changing here. You would be starting from scratch

Appreciate it. The main reason I was thinking about the I-130 is because my attorney is working pro bono and will only continue to represent me if I switch to the I-130. I was under the impression I’d have to restart the entire process but it sounds like it is on hold and not actually denied. Thanks for the reply!! 

[Andrew010101 4]

12 hours ago, Bethie said:

A friend of mine went throght this on their K!,   failed drug test, did what was needed for a year, then approved for K1 Visa.

No additional fees were paid, &   getting married will NOT overcome this, only means starting all over , more money, and about same amount of time of waiting it out a year, or starting overwth CR1 Visa processing

Best wishes .

Thank you. If I can get this confirmed that it is on hold and not denied, it is definitely the best case scenario. I thought it was denied and had to restart the entire petition, or we had to switch to the I-130. Waiting 11 more months only for the medical exam/interview is perfectly fine at this point. Thanks for the response!

[Family 4,175]

3 hours ago, Andrew010101 said:

Thank you. If I can get this confirmed that it is on hold and not denied, it is definitely the best case scenario. I thought it was denied and had to restart the entire petition, or we had to switch to the I-130. Waiting 11 more months only for the medical exam/interview is perfectly fine at this point. Thanks for the response!

Your attorney should have already confirmed exactly what @Ontarkie detailed for you .
 

Did you or your fiancé tell the attorney about the use before the interview…?  
it’s usually something you really prepare and worry about with CDJ.

Just wait it out and make sure testing is done, all the communication for rest  tests will be with the same clinic, not the consulate . 

https://www.ilrc.org/sites/default/files/2023-08/Immigrants and Substance and Alcohol Use Disorder-A Legal and Medical Perspective (Part I)_0.pdf

 

Edited January 9 by Family

[Andrew010101 4]

7 hours ago, Family said:

Your attorney should have already confirmed exactly what @Ontarkie detailed for you .
 

Did you or your fiancé tell the attorney about the use before the interview…?  
it’s usually something you really prepare and worry about with CDJ.

Just wait it out and make sure testing is done, all the communication for rest  tests will be with the same clinic, not the consulate . 

https://www.ilrc.org/sites/default/files/2023-08/Immigrants and Substance and Alcohol Use Disorder-A Legal and Medical Perspective (Part I)_0.pdf

 

My attorney did not detail this- they said we can resubmit the I-129f or switch to I-130 after married if we wanted to. Unfortunately we did not mention the marijuana usage not did they ask us. I feel pretty dumb considering I’ve been working for the government for years now- it’s something I should’ve known. Anyways, that resource you linked is amazing and answers many questions for me! Thank you for the response. 

[Boiler 46,000]

Something she should have known.

 

Why would you resubmit the I 129f, just do the year.

[Andrew010101 4]

9 hours ago, Boiler said:

Something she should have known.

 

Why would you resubmit the I 129f, just do the year.

The attorney or my fiancée? 

 

And I posted this without the knowledge that the consulate holds petitions and it isn’t always a deny or accept. My attorney also agreed it was denied and we could resubmit or marry and do CR1. Without this post and assistance we probably would’ve gotten married or submitted an entire new I-129f. 

[Family 4,175]

You are on active duty , my respect and thanks .

 

I point this out because you also indicated your attorney is “pro bono”…and I cringe at the thought this attorney is advising other service members. 

‘Just think , if you would have filed a new  I-129 F or I-130…waited all that time only to get jammed with the additional 12 months again.

 

That attorney is doing real harm. What is your gut telling you to do ?

[Andrew010101 4]

15 minutes ago, Family said:

You are on active duty , my respect and thanks .

 

I point this out because you also indicated your attorney is “pro bono”…and I cringe at the thought this attorney is advising other service members. 

‘Just think , if you would have filed a new  I-129 F or I-130…waited all that time only to get jammed with the additional 12 months again.

 

That attorney is doing real harm. What is your gut telling you to do ?

I’m unsure if my fiancée and I our at fault for leading them to believe it was denied. We received the papers back and I told the attorney we were denied due to marijuana usage. At the same time, I showed them all the forms we received- so they saw that there wasn’t any paper that stated we were denied, only the paper saying to do rehab/stop drug use and come back in December. I feel like we should have been told “no you were not denied..” and then basically what everyone on here has told me. 

 

I do appreciate everyone’s responses but I really want to get official confirmation that my fiancée only needs to get tested for 12 months and return. No having to redo the I-129f, etc. Unfortunately I’ve been very busy and unable to call the consulate yet. I am not doing anything until confirming this. I suppose it already is confirmed from the paper stating we are eligible for another exam in December.. I’m probably overthinking this. Anyways, thank you for the response and good words!