K-1 denied...now what?

[akimont88 0]

Hello all,

A few weeks ago, my fiancee had her interview in Montreal and was denied because at her medical interview, she admitted to using marijuana before. She is not allowed to immigrate now for three years and is required to go to rehab and receive monthly drug tests over those three years to show she is rehabilitated. As much as it doesn't matter now, I want to be perfectly clear upfront...She has never purchased it in her life and her use of it was infrequent at best. How there is no appeal process or gray area here is astounding. Even the immigration officer who denied her said so and admitted that the law, in this case, was "archaic". But I understand that the law is the law, no matter how much I disagree with it, and sometimes being honest about how we have lived our lives bites us back.

It doesn't seem that there's any way to get around this three year ban...so my next question is...

Is there any way she can get a 4-6 month visitor visa so that we can live together until I begin my immigration process to move up to Canada?

Or can she even visit me at all, even if just for a weekend?

I can't seem to find any concrete information on the web whether any of this is possible, and I'd hate to spend more money on flights/forms if it's just not going to happen. But we've been apart for 15 months, and I likely won't be able to immigrate to Canada for 7-8 months given that our lives have been completely rearranged by their decision, and I have much to figure out before I can just move up there.

Thank you all for your information and support, and for making visajourney such an invaluable tool.

Adam

[payxibka 10,045]

Hello all,

A few weeks ago, my fiancee had her interview in Montreal and was denied because at her medical interview, she admitted to using marijuana before. She is not allowed to immigrate now for three years and is required to go to rehab and receive monthly drug tests over those three years to show she is rehabilitated. As much as it doesn't matter now, I want to be perfectly clear upfront...She has never purchased it in her life and her use of it was infrequent at best. How there is no appeal process or gray area here is astounding. Even the immigration officer who denied her said so and admitted that the law, in this case, was "archaic". But I understand that the law is the law, no matter how much I disagree with it, and sometimes being honest about how we have lived our lives bites us back.

It doesn't seem that there's any way to get around this three year ban...so my next question is...

Is there any way she can get a 4-6 month visitor visa so that we can live together until I begin my immigration process to move up to Canada?

Or can she even visit me at all, even if just for a weekend?

I can't seem to find any concrete information on the web whether any of this is possible, and I'd hate to spend more money on flights/forms if it's just not going to happen. But we've been apart for 15 months, and I likely won't be able to immigrate to Canada for 7-8 months given that our lives have been completely rearranged by their decision, and I have much to figure out before I can just move up there.

Thank you all for your information and support, and for making visajourney such an invaluable tool.

Adam

Unfortunately, the finding of inadmissibility is just that, and it affects all visa types across the board and any non-visa tourist visit. She is in the system as being inadmissible.

[Carlawarla 1]

Hello all,

A few weeks ago, my fiancee had her interview in Montreal and was denied because at her medical interview, she admitted to using marijuana before. She is not allowed to immigrate now for three years and is required to go to rehab and receive monthly drug tests over those three years to show she is rehabilitated. As much as it doesn't matter now, I want to be perfectly clear upfront...She has never purchased it in her life and her use of it was infrequent at best. How there is no appeal process or gray area here is astounding. Even the immigration officer who denied her said so and admitted that the law, in this case, was "archaic". But I understand that the law is the law, no matter how much I disagree with it, and sometimes being honest about how we have lived our lives bites us back.

It doesn't seem that there's any way to get around this three year ban...so my next question is...

Is there any way she can get a 4-6 month visitor visa so that we can live together until I begin my immigration process to move up to Canada?

Or can she even visit me at all, even if just for a weekend?

I can't seem to find any concrete information on the web whether any of this is possible, and I'd hate to spend more money on flights/forms if it's just not going to happen. But we've been apart for 15 months, and I likely won't be able to immigrate to Canada for 7-8 months given that our lives have been completely rearranged by their decision, and I have much to figure out before I can just move up there.

Thank you all for your information and support, and for making visajourney such an invaluable tool.

Adam

I agree with payxibka, she won't be allowed to visit even. I suspect she'll be flagged in the system and would have difficulty in crossing the border now.

Until you can immigrate to Canada, you'd best be making trips up to see her. You could as well look at moving to a third country until the ban is over if you wanted to be together, but I'm not aware of other countries visa procedures and how her visa denial to the US would impact on that.

You might want to check out the Canada forum here, if only for some emotional support, and of course any other technical support we can offer you Adam. I'm sorry that you've gotten this news. Many of us know that an admission of drug use, even if it's only once, 20 years ago, will result in a ban.

I hope that your fiance is getting the assistance she needs and follows through on what she needs to do in order that you both one day may be able to come back to the US.

Canada Forum:

http://www.visajourney.com/forums/index.php?showforum=93

Wishing you all the best at this trying time.

[Yoink 7]

should play these things close to the vest...

Did the official actually ask her is she smoked before? Cause that is nit-pickin...

[Ed+Cindy 1]

My understanding is that your fiance now has a 3 year ban on entering the US, whether it be as a tourist, fiance or work visa.

That sucks, but on the brighter side (if there is one), Canada is close and its easy for you to immigrate there. Canada is a nice country to live in too. Spend the next 3 years there and then re-apply, but do a Consular filing next time.

Actually depending on how long it takes to get Canadian citizenship, maybe even stay long enough for that, because it might be nice to have a non-American passport.

[Ju&Ja 1]

I'm very sorry, that sucks !

[akimont88 0]

Thanks all for the info...My fiancee is POSITIVE (kinda funny word given the circumstances...gotta have a sense of humor about this) that the immigration officer told her this does not mean she can't enter as a tourist. But certainly, we have a lot to prove in showing that she has no intention of overstaying, and while the "drug abuser" label won't help either, it's ultimately up to the officer at the consulate to determine whether or not to admit her (notice on the form below the question about drug abuse). Luckily, from the research I did today and by contacting my congressman's office, I found out she can pre-apply for a tourist visa...form DS-156...here's a link

DS-156 Non Immigrant Visa application

I figure if I can show them that I am immigrating up to Canada (paperwork, case # etc.), show them any related material to our wedding in June in Toronto (receipts, invitations), possibly get an employer to guarantee her work as soon as she finishes school (she quit work and enrolled in $4000 of online courses given that she thought she'd be here not working waiting for her AOS), and hopefully get my congressman to write a letter on our behalf stating our situation, that we might be able to get her here. It's risky, but really, what other choice do I have other than to wait? I likely won't be able to move there till September, so I'll give it a shot.

I'll update as information comes in. If anyone has anything to add, please do so.

Thanks all for the support!!!

[akimont88 0]

should play these things close to the vest...

Did the official actually ask her is she smoked before? Cause that is nit-pickin...

The doctor did at her medical interview. He asked her if she had done it more than once in the past 3 years, to which her answer was yes. The immigration officer also asked the same questions, but likely only did because the doctor had already classified her a "drug abuser", and he was just confirming the label. Apparently, you can get away with a one-time experimentation, but that would take only admitting to using it once. Also, if we could've proved it was medical (maybe possible to do but would've been completely dishonest) she could have a chance to appeal.

[Dakine 26]

should play these things close to the vest...

Did the official actually ask her is she smoked before? Cause that is nit-pickin...

The doctor did at her medical interview. He asked her if she had done it more than once in the past 3 years, to which her answer was yes. The immigration officer also asked the same questions, but likely only did because the doctor had already classified her a "drug abuser", and he was just confirming the label. Apparently, you can get away with a one-time experimentation, but that would take only admitting to using it once. Also, if we could've proved it was medical (maybe possible to do but would've been completely dishonest) she could have a chance to appeal.

ANY link up to drugs is a VERY serious trip with USCIS. She's lucky if she only got a 3 year ban. Some have got life.

[luckytxn 2,264]

Sorry to hear this. It is not right. Good bless.

[Terri and Seb 0]

I'm so sorry this happened . Best of luck with everything- I hope you can find a way to be together soon.

[Carlawarla 1]

Thanks all for the info...My fiancee is POSITIVE (kinda funny word given the circumstances...gotta have a sense of humor about this) that the immigration officer told her this does not mean she can't enter as a tourist. But certainly, we have a lot to prove in showing that she has no intention of overstaying, and while the "drug abuser" label won't help either, it's ultimately up to the officer at the consulate to determine whether or not to admit her (notice on the form below the question about drug abuse). Luckily, from the research I did today and by contacting my congressman's office, I found out she can pre-apply for a tourist visa...form DS-156...here's a link

DS-156 Non Immigrant Visa application

I figure if I can show them that I am immigrating up to Canada (paperwork, case # etc.), show them any related material to our wedding in June in Toronto (receipts, invitations), possibly get an employer to guarantee her work as soon as she finishes school (she quit work and enrolled in $4000 of online courses given that she thought she'd be here not working waiting for her AOS), and hopefully get my congressman to write a letter on our behalf stating our situation, that we might be able to get her here. It's risky, but really, what other choice do I have other than to wait? I likely won't be able to move there till September, so I'll give it a shot.

I'll update as information comes in. If anyone has anything to add, please do so.

Thanks all for the support!!!

Thanks so much for getting back to this thread and updating us! It sounds like you both are very much in love to work around this. Positive attitudes mean SO much.

I hope that the route you take for trying to get her down, at least for visits works. Please let us know. Remember you can visit her as well until you can move there permanently.

Best of luck to you both!

[Gary and Alla 3,694]

Hello all,

A few weeks ago, my fiancee had her interview in Montreal and was denied because at her medical interview, she admitted to using marijuana before. She is not allowed to immigrate now for three years and is required to go to rehab and receive monthly drug tests over those three years to show she is rehabilitated. As much as it doesn't matter now, I want to be perfectly clear upfront...She has never purchased it in her life and her use of it was infrequent at best. How there is no appeal process or gray area here is astounding. Even the immigration officer who denied her said so and admitted that the law, in this case, was "archaic". But I understand that the law is the law, no matter how much I disagree with it, and sometimes being honest about how we have lived our lives bites us back.

It doesn't seem that there's any way to get around this three year ban...so my next question is...

Is there any way she can get a 4-6 month visitor visa so that we can live together until I begin my immigration process to move up to Canada?

Or can she even visit me at all, even if just for a weekend?

I can't seem to find any concrete information on the web whether any of this is possible, and I'd hate to spend more money on flights/forms if it's just not going to happen. But we've been apart for 15 months, and I likely won't be able to immigrate to Canada for 7-8 months given that our lives have been completely rearranged by their decision, and I have much to figure out before I can just move up there.

Thank you all for your information and support, and for making visajourney such an invaluable tool.

Adam

The problem with archaic laws is they are archaic LAWS. Funny since in Montreal I know it is possible to get arrested for possessing marijuana if you smoke it while walking down Sherbrooke Ouest AND throw rocks at windows while you do it. (observation, NOT personal experience, )

And I always wondered, what if my fiancee was from Netherlands and legally smokes marijuana? Are fiancees banned from the USA if the do something in another country, which is legal in THAT country but illegal in the USA?

Sorry it happened, but hey, Canada isn't such a bad place.

[akimont88 0]

Hello all,

A few weeks ago, my fiancee had her interview in Montreal and was denied because at her medical interview, she admitted to using marijuana before. She is not allowed to immigrate now for three years and is required to go to rehab and receive monthly drug tests over those three years to show she is rehabilitated. As much as it doesn't matter now, I want to be perfectly clear upfront...She has never purchased it in her life and her use of it was infrequent at best. How there is no appeal process or gray area here is astounding. Even the immigration officer who denied her said so and admitted that the law, in this case, was "archaic". But I understand that the law is the law, no matter how much I disagree with it, and sometimes being honest about how we have lived our lives bites us back.

It doesn't seem that there's any way to get around this three year ban...so my next question is...

Is there any way she can get a 4-6 month visitor visa so that we can live together until I begin my immigration process to move up to Canada?

Or can she even visit me at all, even if just for a weekend?

I can't seem to find any concrete information on the web whether any of this is possible, and I'd hate to spend more money on flights/forms if it's just not going to happen. But we've been apart for 15 months, and I likely won't be able to immigrate to Canada for 7-8 months given that our lives have been completely rearranged by their decision, and I have much to figure out before I can just move up there.

Thank you all for your information and support, and for making visajourney such an invaluable tool.

Adam

The problem with archaic laws is they are archaic LAWS. Funny since in Montreal I know it is possible to get arrested for possessing marijuana if you smoke it while walking down Sherbrooke Ouest AND throw rocks at windows while you do it. (observation, NOT personal experience, )

And I always wondered, what if my fiancee was from Netherlands and legally smokes marijuana? Are fiancees banned from the USA if the do something in another country, which is legal in THAT country but illegal in the USA?

Sorry it happened, but hey, Canada isn't such a bad place.

Agreed. I love Canada (we lived in Toronto btw). As a matter of fact, I intended on immigrating up there when we first separated, back in Oct. 07. But I own a home here in Orlando, and when I realized how bad the market got while I was working in Canada, I decided it would be better for our financial future if she moved down here, since I would make very little selling the house, and that renting would still likely cost me $400/mo in addition to our rental costs up there. So now it looks like I have to rent anyway given that the housing market got even worse since then and I'd be lucky to get my loan covered (in addition to losing the $20k I put down and 4 years of payments). So to be honest, if it weren't for the economic collapse we're having, I'd already be up there watching hockey and drinking Tim Hortons.

[ThaitoUSA 15]

And I always wondered, what if my fiancee was from Netherlands and legally smokes marijuana? Are fiancees banned from the USA if the do something in another country, which is legal in THAT country but illegal in the USA?

Marijuana is not legal in the Netherlands, rather it's been decriminalised, meaning that the punishment for possession is minor and generally not even enforced.

My heart goes out to Adam and his fiancee for these unanticipated challenges, however I still believe telling the truth is best. I think Adam has a great attitude about the situation and the couple shall be together soon, one way or another. All the best.