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Anyone reapply after being denied for drug/alcohol?

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Filed: IR-1/CR-1 Visa Country: Mexico
Timeline

My husband applied for his K-3 (?) visa 3 years ago at Ciudad Juarez in Mexico. He was denied his visa because he admitted to smoking marijuana within 3 years prior to the appointment.

His 3 years are up now and we have our new appointment scheduled for December, this time for his green card.

I'd like to hear from anyone who has been in the same situation and then reapplied. I know we are supposed to bring evidence that he went to "treatment." We also have tox screen results that we paid for during the last 3 years.

However, when my husband went for his "treatment," they wouldn't really do anything for him because he wasn't an addict and couldn't even be said to be abusing drugs or alcohol then or at any time in the past. (For those of you who don't know, there are basically 3 levels of drug/alcohol problems - use, abuse, and dependence in order of severity from lowest to highest. I'm going to vent here - the consulate basically told him he was an addict for smoking pot 12 times over the previous 6 years and doing coke a few times when he was 18, and told him he needed rehab. That's pretty much what the law says, too. I'm a social worker/mental health counselor and I know that's a load of #######, but what are you going to do.)

So anyway, we have receipts from the treatment center visits and the lab results but not much else. I'm afraid we'll get there and they'll say it's not enough. I'm trying to be prepared ahead of time. The treatment center won't write a letter stating they "cured" him because they really didn't - he just went 8 or 9 times because the consulate told him he had to, and basically wasted the center's time. I've spoken with the treatment center personally about this. I think I have a letter somewhere stating that he was seen there, and the dates he was seen, but that's it.

If anyone could give me some advice based on personal experience, I'd really appreciate it.

Also, on a side note, am I really not going to be allowed to go into the consulate with him? I went in with him 3 years ago.

Thanks -

JG

October 2002: Met my husband during year spent doing volunteer work in central Mexico.

August 2003: I returned to U.S., husband applied for tourist visa, visa denied.

January 26, 2004: Married in Queretaro, Mexico

February 8, 2004: 1st NOA for I-130

February 23, 2004: 1st NOA for I-129F

September 4, 2004: I-129F petition sent (supposedly, according to NVC) to Cd. Juarez

September 15, 2004: 2nd NOA for I-129F (better late than never)

October 9, 2004: received email from Cd. Juarez saying my husband's case had not been scheduled yet, and that it will take another 1.5-3 months to schedule!!

October 14, 2004: I-130 approval notice sent from CA service center

October 24, 2004: Received email with appointment date from Cd Juarez - December 6th at 7:30am!

December 3, 2004: Medical exam at Juarez

December 6, 2004: Interview at Consulate, 7 30am. K-3 Visa application declared INCOMPLETE due to admitting past drug use

March 31, 2005: Hiring a lawyer . . . sigh . . .

October 2007: Rec'd notice from Consulate that permanent residency appt. is scheduled for December in Juarez

December 14, 2007: Green card granted, border crossed, no longer esperando, finally!!

Total time from filing for K-3 and I-130 to visa in hand: about 46 months

I'm not a lawyer, unfortunately, so don't take what I post as professional advice . . .

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  • 2 weeks later...
Filed: K-3 Visa Country: Mexico
Timeline

I just met someone that's in your same position... but I think they have more evidence. Her name is senoritacindy and she is open and willing to talk about it.

I'm also a mental health counselor, we have some things in common....

It seems like being honest is NOT suggested when talking about drug or alcohol history.

Good luck!

Kristi

Edited by Kristi
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Filed: IR-1/CR-1 Visa Country: Mexico
Timeline
I just met someone that's in your same position... but I think they have more evidence. Her name is senoritacindy and she is open and willing to talk about it.

I'm also a mental health counselor, we have some things in common....

It seems like being honest is NOT suggested when talking about drug or alcohol history.

Good luck!

Kristi

Thanks - I will send her a message.

October 2002: Met my husband during year spent doing volunteer work in central Mexico.

August 2003: I returned to U.S., husband applied for tourist visa, visa denied.

January 26, 2004: Married in Queretaro, Mexico

February 8, 2004: 1st NOA for I-130

February 23, 2004: 1st NOA for I-129F

September 4, 2004: I-129F petition sent (supposedly, according to NVC) to Cd. Juarez

September 15, 2004: 2nd NOA for I-129F (better late than never)

October 9, 2004: received email from Cd. Juarez saying my husband's case had not been scheduled yet, and that it will take another 1.5-3 months to schedule!!

October 14, 2004: I-130 approval notice sent from CA service center

October 24, 2004: Received email with appointment date from Cd Juarez - December 6th at 7:30am!

December 3, 2004: Medical exam at Juarez

December 6, 2004: Interview at Consulate, 7 30am. K-3 Visa application declared INCOMPLETE due to admitting past drug use

March 31, 2005: Hiring a lawyer . . . sigh . . .

October 2007: Rec'd notice from Consulate that permanent residency appt. is scheduled for December in Juarez

December 14, 2007: Green card granted, border crossed, no longer esperando, finally!!

Total time from filing for K-3 and I-130 to visa in hand: about 46 months

I'm not a lawyer, unfortunately, so don't take what I post as professional advice . . .

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Best of luck!!!

Let's Keep the Song Going!!!

CANADA.GIFUS1.GIF

~Laura and Nicholas~

IMG_1315.jpg

Met online November 2005 playing City of Heroes

First met in Canada, Sept 22, 2006 <3

September 2006 to March 2008, 11 visits, 5 in Canada, 6 in NJ

Officially Engaged December 24th, 2007!!!

Moved to the U.S. to be with my baby on July 19th, 2008 on a K1 visa!!!!

***10 year green card in hand as of 2/2/2012, loving and living life***

Hmmm maybe we should move back to Canada! lol smile.png

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