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AlexandMaria

Visa Denied in Ciudad Juarez

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Filed: K-1 Visa Country: Mexico
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Hey y'all... I was initially embarassed to post about this, but I figured, hey, what the hell... My fiance's visa was denied because he admitted to smoking marijuana to the doctor during his medical exam. He told the doctor that the last time he smoked was Sept 7, 2005. So, the next day at the interview, the consular officer told him, sorry buddy, you have to be clean for three years. Come back in 2008.

Soooo... cancel all the plans we made, and he is still in Mexico and I'm in Texas again. My family insists that I talk to a lawyer, that maybe somehow that will help the process. I, however, am skeptical. I don't know how a lawyer could possibily get around this, because the law is pretty darn clear.

Can anyone give me advice on the next step I should take?? I tried searching for similar discussions on this forum, but was unable to find anything conclusive. What about a waiver??

Thanks!

Alex & Maria

AmOr A lA mExIcAnA

February 14th: Sent in I-129F packet

February 27th: Notice Date of NOA1

April 27th: Approved! NOA2

May 15th: Case sent to Ciudad Juarez Consulate! (called the National Visa Center, still no official

notice)

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Sorry to hear about that.

You know, honestly, I think your fiance should've never admitted to smoking pot. Yes, honesty is necessary in this process, but I don't think there would've been any way for the doctor to find out about an isolated pot smoking incident that happened a year ago unless your fiance still smokes pot, in which case it would show up in his urine.

DCF (Germany)

April 7, 2006 - Married

April 15, 2006 - I-130 sent to Frankfurt Consulate

April 22, 2006 - I-130 returned to us (personal checks not acceptable)

April 24, 2006 - I-130 resubmitted with Credit Card Payment Form

June 14, 2006 - I-130 Approved

June 15, 2006 - Packet 3 Received

June 16, 2006 - OF-169 & Passport (Biographical Page Only) faxed to the Consulate

June 17, 2006 - DS 230 Part 1 & OF-169 mailed to the Consulate

June 26, 2006 - Packet 4 Received

June 27, 2006 - Medical Examination in Berlin

July 21, 2006 - Interview at Frankfurt Consulate

July 21, 2006 - Visa Approved!

August 22, 2006 - America!

July 26, 2008 - I-751 sent to VSC

August 1, 2008 - Check cashed

August 1, 2008 - NOA-1 received

September 9, 2008 - Biometics Appointment

March 12, 2009 - Transfer from VSC to CSC?

March 16, 2009 - Approved (10-year green card should be mailed within 60 days)

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Filed: K-1 Visa Country: Philippines
Timeline
Sorry to hear about that.

You know, honestly, I think your fiance should've never admitted to smoking pot. Yes, honesty is necessary in this process, but I don't think there would've been any way for the doctor to find out about an isolated pot smoking incident that happened a year ago unless your fiance still smokes pot, in which case it would show up in his urine.

i guess some things are better left unsaid? i dont know . . i do wish you both can find a way to be together though. 3 years of long distance is hard. Have you thought of moving with him for the meantime? Sorry to hear bout your situation. (F)

(CHECK MY PROFILE INFORMATION FOR COMPLETE SIGNATURE)

August 19, 2006 VISA ON HAND!!!

September 5, 2006- POE @ SFO

September 8, 2006- Applied for SSN

SSN arrived more than a month after.. GRRR!!

November 8, 2006- MARRIED @ San Francisco City Hall

November 21, 2006- Received official marriage certificate

Dec. 19, 2006- sent out AOS

Jan. 3, 2007- Cashed cheques for AOS and EAD

March 15, 2007- AOS interview; APPROVED!!

March 23, 2007- Welcome letter/notice received from mail

March 27, 2007- GREENCARD

Sept 5, 2007 - my first anniversary in the U.S

Jan 30, 2009 - Mailed I-751 removal of conditional residence status

Feb 2, 2009 - Package mailed 10:22 AM at Laguna Niguel, CA (CSC)

Feb 5, 2009 - Check cashed

Feb 26, 2009 Biometrics

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Filed: K-1 Visa Country: Mexico
Timeline

Yeah, I was definitely mad when my fiance told me he had fessed up to that. But... I was the one who had prepared all the visa stuff and I sort of just filled him in on the details. I guess I forget to have the talk about "remember back when marijuana was your favorite college pastime? Let's pretend that never happened."

He told me that during the medical exam he had to take of all his clothes, and then the doctor left the room. He was left there facing signs that read "lying to this doctor is a federal crime" and things like that. So I guess he got intimidated/scared, and when the doctor came back and started asking him all kinds of questions he just said everything.

The worst part about this whole thing is that the next day, not only did they deny his visa, they took away his tourist visa!! He can't even enter the country! Anyway, I was accepeted to grad school here, so it looks like we'll be apart for the next two years. Ni modo...

Alex & Maria

AmOr A lA mExIcAnA

February 14th: Sent in I-129F packet

February 27th: Notice Date of NOA1

April 27th: Approved! NOA2

May 15th: Case sent to Ciudad Juarez Consulate! (called the National Visa Center, still no official

notice)

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Filed: AOS (pnd) Country: Argentina
Timeline

Wow, that really sucks :(

AOS

01-29-07 - marriage

02-07-07 - AOS package mailed to Chicago

02-09-07 - AOS package delivered

02-13-07 - NOA1 date

02-21-07 - Biometrics letter

02-24-07 - NOA1 received

03-01-07 - Biometrics taken

03-15-07 - Transferred to The Sucky/Slow Center (TSC)... to "speed up" processing.

03-17-07 - Transferred notice e-mail

03-20-07 - Received TSC transfer letter

03-21-07 - application pending at TSC e-mail.

05-14-07 - Misinfopass appt. COMPLETE WASTE OF TIME.

06-05-07 - I-131 e-filed

06-11-07 - AP NOA1

07-09-07 - Received weird looking letter for AP, but online status hasn't changed

Last Touch - AOS 3/24, AP 7/03

aW1hZ2UucGhwPzQ2JkkrY291bGQraGF2ZStnb3R0ZW4rYStEZWxsJjAwMDAwMCYwMDAwMDAmMTImMTAmYyYwJjcmMiYyMDA3JjcmMCY0Mzc4NDcwMDExODEyMjE5ODguJw==.gif

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Filed: K-1 Visa Country: Taiwan
Timeline
You know, honestly, I think your fiance should've never admitted to smoking pot. Yes, honesty is necessary in this process, but I don't think there would've been any way for the doctor to find out about an isolated pot smoking incident that happened a year ago unless your fiance still smokes pot, in which case it would show up in his urine.

You would be amazed was hair samples will show.. Very Very expensive tests but with your hair you can test very very far back to see if drugs were used.

May 1, 2006 - Submitted I-129F (Overnight) NSC

May 2, 2006 - NOA1

June 1, 2006 - Transferred to CSC

June 14, 2006 - Notice from CSC it was transferred

June 30, 2006 - Received IMBRA RFE (CSC)

July 5, 2006 - Touched (RFE Received)

July 31, 2006 - APPROVED

August 5, 2006 Physical NOA2

August 15, 2006 NVC Received and Sent

August 22, 2006 AIT sent Packet 3

August 22, 2006 Packet 3 got lost in the mail... sending another.. :( :( :(

October 27, 2006 Interview

3dflagsdotcom_chtai_2fawm.gif & 3dflagsdotcom_usa_2fawm.gif3dflagsdotcom_us_co_2fawm.gif

AIT (Taiwan Embassy)

C'mon USCIS Lets get some others approved or else watch for the Trident

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Filed: Country: Mexico
Timeline
Yeah, I was definitely mad when my fiance told me he had fessed up to that. But... I was the one who had prepared all the visa stuff and I sort of just filled him in on the details. I guess I forget to have the talk about "remember back when marijuana was your favorite college pastime? Let's pretend that never happened."

He told me that during the medical exam he had to take of all his clothes, and then the doctor left the room. He was left there facing signs that read "lying to this doctor is a federal crime" and things like that. So I guess he got intimidated/scared, and when the doctor came back and started asking him all kinds of questions he just said everything.

The worst part about this whole thing is that the next day, not only did they deny his visa, they took away his tourist visa!! He can't even enter the country! Anyway, I was accepeted to grad school here, so it looks like we'll be apart for the next two years. Ni modo...

I have to tell you how bad I feel as the same thing happened to my daughter and her husband at Juarez in Dec. of 2004. He also got a 3 year ban and is not eligible to go back until Oct. of 2007. He didn't think quick enough and told them the last time he smoked was 2 months before the medical exam so it truly is a 3 yr. ban. I guess my thoughts to you is to not waste your money on lawyers. My daughter and I have spent thousands of dollars on lawyers and countless hours on the phone with Homeland Security etc. I have talked to people from Washington DC to Juarez. They just won't budge. In fact I sent another letter yesterday ( an e-mail).

My daughter flies to Mexico every 3 months or so to spend a few days with her husband. He wsa denied a tourist visa from the beginning as he was a risk not to go back to Mexico cuz his wife was here. So that wsa out. We did file a FOIA ( Freedom of Information Act) which took 9 months to get the results. The lawyers would not take the case until they werw 100% positive that his drug test was negative--which I can understand. We got the file back and the test was negative-just as we knew it would be.

The lawyers looked into it and the law states that if you used drugs MORE THAN ONE TIME you are a drug addict/abuser and therefore have a 3 year ban.

I am sorry to have to share this information with you and you can certainly try anything that you can think of but Ireally doubt it will work. We even got our Congressman involved -that was a total waste of my time. He was useless unless he had voters standing around him in ear shot-- then he promised that he would help. As soon as the voters were gone--nothing happened. He did send a formleter--much like what we sent. That was it. Useless.

If you go to the MExico thread and look under cuidad Juarez ( under webeback---or my daughters threads esperando enohio) I am sure all of our stuff is still there. If I can help you at all please let meknow. You can PM me if you like. I don't get on here much anymore but I do have thee-mails sent to me from the sight.

My daughter was in Grad school at the time and she has now graduated and can't live in Mexico with her husband because she is a social worker and there are no jobs there for her PLUS she has to work to start paying back all the expenses they have incurred since this whole process started 4 years ago. They will be married 3 years in Jan.

I do wish you all the luck in the world and my heart truly goes out to you. If you would like to talk to my daughter about this ( she is the one that has filled out all the paper work etc) you can send a reply back and I'll see that she gets it--she is lving at home now. She will be going to Mexcio to see her husband in October and we will go at Christmas to be with him. He is in school there and has never been out of the country--he goes for a blood test every month so he can take it back to those bozos and prove that he is not a drug addict. Again--I am truly sorry and I know what you are going thru but don't give up and hang in there.

Where in Mexico is your fiance?

Webeback

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Filed: Country: Mexico
Timeline

[Can anyone give me advice on the next step I should take?? I tried searching for similar discussions on this forum, but was unable to find anything conclusive. What about a waiver??

Thanks!

I just posted a response to your post but I did forget to mention that Drug use is the only denial that there is NO waiver for. You can sell drugs and get a waiver but you can't use them. Sorry. I know--I am right there with you and I am just the mother-in -law.

Hang in there. They told us the time would go by quickly. We have a year from October left ( it has been almost 2 years)and so far it has gone by quickly--but not quickly enough and the pain is there every day.

Webeback

Edited by webeback
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Filed: K-1 Visa Country: Mexico
Timeline

Thank you so much for your reply. You basically confirmed what I suspected - that there isn't much we can do at this point. I do think that lawyers would probably be a waste of time and money. I am hoping the time goes by fast, and hopefully with school it will. My fiance is in Mexico City now, looking for a job. I plan to go down there for the holidays and any chance I get. The good thing is that we're both still young (no kids or anything!) and we have wonderful and supportive families. It's not the end of the world for us.

[Can anyone give me advice on the next step I should take?? I tried searching for similar discussions on this forum, but was unable to find anything conclusive. What about a waiver??

Thanks!

I just posted a response to your post but I did forget to mention that Drug use is the only denial that there is NO waiver for. You can sell drugs and get a waiver but you can't use them. Sorry. I know--I am right there with you and I am just the mother-in -law.

Hang in there. They told us the time would go by quickly. We have a year from October left ( it has been almost 2 years)and so far it has gone by quickly--but not quickly enough and the pain is there every day.

Webeback

Alex & Maria

AmOr A lA mExIcAnA

February 14th: Sent in I-129F packet

February 27th: Notice Date of NOA1

April 27th: Approved! NOA2

May 15th: Case sent to Ciudad Juarez Consulate! (called the National Visa Center, still no official

notice)

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Filed: Country: Mexico
Timeline

Thank you so much for your reply. You basically confirmed what I suspected - that there isn't much we can do at this point. I do think that lawyers would probably be a waste of time and money. I am hoping the time goes by fast, and hopefully with school it will. My fiance is in Mexico City now, looking for a job. I plan to go down there for the holidays and any chance I get. The good thing is that we're both still young (no kids or anything!) and we have wonderful and supportive families. It's not the end of the world for us.

You sound very optimistic and that is good. Hang on to that. If you do decide to do something and it works please let me know. Did you get a 221g? We are now wondering if we have to go thru the whole process again or if we can just call and they will set up another medical exam, etc. If we have to go thru the whole thing again--it could take over a year like before and we need to start now.

Did you go to the interview with him? My daughter went. I am glad she was there to support him thru it. It was a very rought day and week for the both of them.

Take care--If you need anything-please let us know

Webeback

[Can anyone give me advice on the next step I should take?? I tried searching for similar discussions on this forum, but was unable to find anything conclusive. What about a waiver??

Thanks!

I just posted a response to your post but I did forget to mention that Drug use is the only denial that there is NO waiver for. You can sell drugs and get a waiver but you can't use them. Sorry. I know--I am right there with you and I am just the mother-in -law.

Hang in there. They told us the time would go by quickly. We have a year from October left ( it has been almost 2 years)and so far it has gone by quickly--but not quickly enough and the pain is there every day.

Webeback

Thank you so much for your reply. You basically confirmed what I suspected - that there isn't much we can do at this point. I do think that lawyers would probably be a waste of time and money. I am hoping the time goes by fast, and hopefully with school it will. My fiance is in Mexico City now, looking for a job. I plan to go down there for the holidays and any chance I get. The good thing is that we're both still young (no kids or anything!) and we have wonderful and supportive families. It's not the end of the world for us.

You sound very optimistic and that is good. Hang on to that. If you do decide to do something and it works please let me know. Did you get a 221g? We are now wondering if we have to go thru the whole process again or if we can just call and they will set up another medical exam, etc. If we have to go thru the whole thing again--it could take over a year like before and we need to start now.

Did you go to the interview with him? My daughter went. I am glad she was there to support him thru it. It was a very rought day and week for the both of them.

Take care--If you need anything-please let us know

Webeback

[Can anyone give me advice on the next step I should take?? I tried searching for similar discussions on this forum, but was unable to find anything conclusive. What about a waiver??

Thanks!

I just posted a response to your post but I did forget to mention that Drug use is the only denial that there is NO waiver for. You can sell drugs and get a waiver but you can't use them. Sorry. I know--I am right there with you and I am just the mother-in -law.

Hang in there. They told us the time would go by quickly. We have a year from October left ( it has been almost 2 years)and so far it has gone by quickly--but not quickly enough and the pain is there every day.

Webeback

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Filed: Country: United Kingdom
Timeline

I'm so glad that you posted, webeback--I wondered what happened to you all.

Your story is the best response that could be offered here. I know how much work your family has done on that case... if anyone would have answers, it's you.

Best to your family & good wishes for the OP!

Now That You Are A Permanent Resident

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Welcome to the United States: A Guide For New Immigrants

Yes, even this last one.. stuff in there that not even your USC knows.....

Here are more links that I love:

Arriving in America, The POE Drill

Dual Citizenship FAQ

Other Fora I Post To:

alt.visa.us.marriage-based http://britishexpats.com/ and www.***removed***.com

censored link = *family based immigration* website

Inertia. Is that the Greek god of 'can't be bothered'?

Met, married, immigrated, naturalized.

I-130 filed Aug02

USC Jul06

No Deje Piedras Sobre El Pavimento!

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Filed: Country: Mexico
Timeline
I'm so glad that you posted, webeback--I wondered what happened to you all.

Your story is the best response that could be offered here. I know how much work your family has done on that case... if anyone would have answers, it's you.

Best to your family & good wishes for the OP!

I am glad I saw the post and could offer some help. I did forget tomention that what my son-in-law told the doctors and the consular officer and what was written in the report were different. The doctor that wrote the report for the file was not the doctor that he talked to and if I'm not mistaken the psychologist was also different. But it would be our word against theirs and you can't win against the government.

I also forgot to mention that in one of our several letters we told them that my daughter is a licensed drug/alcohol counselor as well as a licensed social worker ( how ironic in this case!!) We told them that you could not find a better place to live if you were a drug addict/abuser ( in their eyes anyway) .They didn't see that our way either. They told him to go to rehab--which he did. Rehab would not see him because after all the tests etc they said he was not addicted or an abuser and he would be taking the space of someone who needed it. We also told them that--nada.. Didn't matter. This is all bringing back memories . I do think about it everyday and I write letters at least once a week but as time goes on you forget the little details..

We will be sure and let everyone at VJ know when my son-in-law is "allowed" in our country. It will be a very HAPPY day but my daughter refuses to get her hopes up. Take care Oh--What does OP mean? You said good wishes for the OP? Jusr curious.

Webeback

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Filed: Country: United Kingdom
Timeline

OP= Original Poster. AlexandMaria in this case.

I never have time to drop by the i-601 forum at i2us anymore; hope all are well there too! I sure direct a lot of people over there....

Now That You Are A Permanent Resident

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Welcome to the United States: A Guide For New Immigrants

Yes, even this last one.. stuff in there that not even your USC knows.....

Here are more links that I love:

Arriving in America, The POE Drill

Dual Citizenship FAQ

Other Fora I Post To:

alt.visa.us.marriage-based http://britishexpats.com/ and www.***removed***.com

censored link = *family based immigration* website

Inertia. Is that the Greek god of 'can't be bothered'?

Met, married, immigrated, naturalized.

I-130 filed Aug02

USC Jul06

No Deje Piedras Sobre El Pavimento!

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Filed: Citizen (apr) Country: Brazil
Timeline

Sorry about this.

(Puerto Rico) Luis & Laura (Brazil) K1 JOURNEY
04/11/2006 - Filed I-129F.
09/29/2006 - Visa in hand!

10/15/2006 - POE San Juan
11/15/2006 - MARRIAGE

AOS JOURNEY
01/05/2007 - AOS sent to Chicago.
03/26/2007 - Green Card in hand!

REMOVAL OF CONDITIONS JOURNEY
01/26/2009 - Filed I-751.
06/22/2009 - Green Card in hand!

NATURALIZATION JOURNEY
06/26/2014 - N-400 sent to Nebraska
07/02/2014 - NOA
07/24/2014 - Biometrics
10/24/2014 - Interview (approved)

01/16/2015 - Oath Ceremony


*View Complete Timeline

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