Theodoris92

Cool, thank you all for the responses.

A moderator can feel free to lock!

1 hour ago, Geraldin said:

Are you talking about submitting a petition or going through an interview at the consulate?

Hi,

Submitting a petition. I have read online it isn’t needed at the interview stage, but was curious what people were experiencing from submitting a photocopy of this type of degree along with certified translation in the form of a PDF when submitting the initial USCIS petition.

Hi,

With the K1 visa process moving online, is it possible to submit a photocopy of the divorce decree, and photo copy of certified translation to USCIS?

Has anyone done this, and had success moving forward in the process doing that?

Thanks

If a moderator can, feel free to lock this topic. I've received many helpful, and clear responses from people here.

Thanks everyone.

1 minute ago, Orangesapples said:

Why are you putting married and divorced in quotation marks? You are actually married for real. And if you don't stop the process, you'll be divorced for real. 

You're right, I've tried contacting the lawyer we used in the country but processes can be backwards and inefficient over there. I don't know if there will be success in cancelling. 

Ryan H - Thanks for moving the thread

Boiler - I think we will likely end up doing the same petition, I guess I'll wait and see how things play out over there if we're able to cancel that process.

Ra - I understand, due to the large volume they need to have an objective way of handling these cases. My mistake was letting anger and impulse get the best of me.

I think I'm good to go, I appreciate every single person who took the time to post on my thread. I should have read this forum being making my impulsive decision. I hope everyone is having a great start to their 2021. It can't be worse than 2020...right?

4 minutes ago, pushbrk said:

They set policies so they can treat people "fairly".  It wouldn't be "fair" at all to have a policy be ignored due to empathy.  It is for YOU to understand that actions have consequences.

 

They/their emotions in the matter are irrelevant to their job.

Amidst a global pandemic, I would hope there would be a bit more flexibility or empathy with how this situation has put more pressure on marriages.

I thank you, and Lucky Cat for your responses. It seems I took a very permanent action, but a positive is that it gives us time to communicate and plan our next steps.

Do any of you know about if our divorce isn't revocable, if the fiance process is an option? If not, we'll likely get married again in her home country and try to do a brand new I-130.

12 minutes ago, pushbrk said:

Nothing to do but start over.  You voluntarily withdrew your petition, and you cannot legally compel the to reopen it, or as you say, reaffirm it.

I bet they were happy to knock one more off their plate with the backlog. I guess I'll try nudging them hoping to get someone who is empathetic, but I have kind of lost hope with that. I guess I'm having trouble understanding how rigid, and inhumane their processes are.

My partner and I also started a divorce process, but we are now trying to work things out (which is why I am pushing to see if they'll reopen the I-130).  I don't know if we can stop that divorce, I've inquired with an attorney in that country. We may be "divorced" if that process isn't cancelled. Do you know if we could start a fiance visa petition in that scenario? We certainly check the box of knowing each other for more than 2 years...

Thanks for your response.

1 minute ago, payxibka said:

I129 is a nonimmigrant worker petition 

* I-129F

😉

The fiance process is what I was trying to refer to here.

Hi,

Short story: I have been in a long-distance relationship with my partner (who we entered a divorce process, but now we are talking about making things work). We haven't received the judgment yet. I originally cancelled her I-130 petition, which I'm trying to save (although it looks helpless). I am now exploring doing a I-129F petition for my partner, and my stepson. We also have a 2 year old daughter who is an American citizen.

We are technically still "married" in her home country, although we don't know if it is too late to cancel that process (probably is) so we'll soon be "divorced". I would like to sponsor her, and my stepson to now come through the I-129F process.

Is that a possibility, also with the open (yet pending cancelled I-130)?

In submitting the petition, would I need to produce the divorce judgment, or should I explain the full context or is that more appropriate possibly at the consulate interview stage?

If I am understanding things correctly, the I-129F is a form where I can simply list the name of my stepson. So, the cost would be initially $535 to apply for her and it my stepson's name can be included in on there to receive a visa?

I appreciate any and all insight.

Also, I wanted to mention that I did email USCIS and received this "Please note, withdrawal requests are voluntary and cannot be reopened." along with a bunch of clearly copy and pasted text. Is there someone else I can contact, or someone specifically I should be pleading to?

Hi all,

So my partner, and I went through the I-130 process. It has been a long emotional roller coaster, and she had an interview at the embassy a year ago. She was issued a 1 year ineligibility due to substance abuse. This past year with CO-VID19, we fought a lot and were contemplating divorce.  I requested to cancel the petition. The embassy stated they were sending the case back to USCIS for cancellation, first to NVC and then the NVC would send it to USCIS. When contacting NVC, their replies are very automatic and they simply state "We sent your case to the embassy at ____ date (a year ago).  Is there any hope of reaffirming, or saving the i-130 petition after it has been requested to be cancelled by the petitioner? I wrote a letter of reaffirmation to the embassy, but they suggested reaching out to NVC (which are honestly not helpful). Should I be sending a signed, notarized letter to the USCIS and NVC? Does anyone know the appropriate addresses?

Or, is it likely I am out of luck and we will need to do go through the process again with a new petition?

Any and all insights, and suggestions are welcome.

Just now, missileman said:

I'm sorry to hear that....Thank you so much for updating us.....good luck in the future.

Thanks, and I'm happy to do so as I know this forum is a wealth of info for everyone.

To anyone reading this going through the immigration process for a partner abroad, yes...you have to tell them to lay off the weed. Don't assume that's common sense, or that they stopped using it just because they didn't tell you they actively used it. 

We have a baby together who is an American citizen already, so this one year ban adds extra challenges for us... 

16 hours ago, Eddyrhn said:

I have an interview next Tuesday, I went to the medical exam last Tuesday and  when I was talking to the doctor he asked me If I have ever tried drugs so I told him that I did marijuana twice  but it was like more than two years ago, so at the end he told me that I will need more tests for then to make sure I’m clean, he didn’t tell me about the drugs test but I’m sure it’s negative since I don’t do drugs, but I’m worried because they didn’t give me the package to bring to the embassy

From what I've read, it depends on how they write the report. If they've done a urine test showing you're not using marijuana currently, I don't foresee you having any problem. Best of luck! 

So, my wife ended up getting the 1 yr ban with the letter that she can overcome this with new medical tests a year from now...

15 hours ago, Eddyrhn said:

Can you tell me what happened?

Hey, 

So we were notified of her 1 yr ban on Thursday for drug use (marijuana), followed by the official letter on Friday. The letter basically states that the decision can be overcome in a year with no medical tests showing she's clean. 

On 5/7/2019 at 1:58 PM, username_taken said:

It really depends on the timeline of stuff. Normally they would go to the interview and be told the medical came back incurring a ban- so no they dont take your passport. Other times the medical isnt ready yet- so they will either take your passport in anticipation of it being ok or not take it and make you submit it later. If they took your passport they can always give it back - so them taking it is not any indication. When you are denied and given a ban you get your passport back if they have it and then you follow up with the Dr. Once the Dr gives you the Ok all clear medical the embassy is notified and you get another interview to come in with your passport and finish the process. What country is this? Some are known for being very strict and even the admission of drug use- even with a clean urine- will cause the ban. Other places have been known to be more lenient. There was one user who got a 3 month ban/retesting because of how her Dr entered it. Other people have had the Drs report it as a non issue. It really depends on the Dr and how they do things. Technically the law states that anyone who ever used gets the 1yr ban and retesting to show they are now clean- however the Dr can bypass that by certifying you are clean. 

I just wanted to provide an update for any speculators out there...

Her visa ended up being listed as "Refused", and I suppose now she'll pick it up and hear the details (likely the 1 yr ban). If that isn't the case and it is a different length, I'll come back here and update everyone so that others in a similar situation know.

4 minutes ago, username_taken said:

It really depends on the timeline of stuff. Normally they would go to the interview and be told the medical came back incurring a ban- so no they dont take your passport. Other times the medical isnt ready yet- so they will either take your passport in anticipation of it being ok or not take it and make you submit it later. If they took your passport they can always give it back - so them taking it is not any indication. When you are denied and given a ban you get your passport back if they have it and then you follow up with the Dr. Once the Dr gives you the Ok all clear medical the embassy is notified and you get another interview to come in with your passport and finish the process. What country is this? Some are known for being very strict and even the admission of drug use- even with a clean urine- will cause the ban. Other places have been known to be more lenient. There was one user who got a 3 month ban/retesting because of how her Dr entered it. Other people have had the Drs report it as a non issue. It really depends on the Dr and how they do things. Technically the law states that anyone who ever used gets the 1yr ban and retesting to show they are now clean- however the Dr can bypass that by certifying you are clean. 

She never physically received the medical results, the medical center has sent it to the embassy directly and then it was the embassy that told her to drop off her passport. I'm thinking, surely if the medical result was bad the embassy wouldn't have asked her to drop it off?

This is the Dominican Republic. 

13 minutes ago, username_taken said:

Thats not how it works. When someone tests positive they get an automatic psych consult. The psych dr reports back to the Dr and its up to that Dr on whether or not to label them as a drug user (requiring the 1yr ban) or to rule it as a non issue. Some people get lucky and the Dr codes them in a way that it does not incur the ban and retesting however it is common practice to impose the ban.  

Interesting.

For people who are positive with marijuana, and labeled as a "drug abuser" are these people instructed to drop off their passport or wait one year to retest, and then drop it off after testing clean? 

I have no clue what the doctor ended up putting on her form. They did test her for cannibis, and it sounds like they tested her initially for it along with one follow-up testing to solidify their results. All I know is that the doctor said he would try to write a letter in support since he didn't feel like she was an avid abuser, but he also gave her the disclaimer that a 1 yr ban followed by her coming back to retest a year later was a common outcome. 

16 minutes ago, username_taken said:

Well you said her "medical results were delayed until after her interview". While that happens its not normal. You are suppose to have your medical done before the interview- if you dont for whatever reason they will conduct the interview and wait for the medical to come in. It seems she passed her interview and they took her passport anticipating her medical would be clean and not an issue. For people that have their medical done and get the ban because of it- no they do not take your passport. Again it seems her passport was taken in anticipation her medical was fine. We have no idea if the Dr put her in for a ban or not. 

She did her medical tests about two weeks before the interview, along with my stepson. My stepson's medical results were ready during the interview date, hers was not. We were initially thinking the delay was due to being positive for Hepatitis A about a month prior. She inquired about why her results weren't in, and they gave her an additional urine test and told her "it is for a test you missed" at the embassy hospital. Anyway, she was instructed to drop off her passport to the embassy after the interview and after her debrief with the psychiatrist (who confirmed her urine test did have marijuana traces in it, and asked her about it). 

He told her about the likelihood of the 1 yr ban. That's why I'm confused, because why would they ask her to drop off her passport if she were getting a 1 yr ban? For people who receive the 1 yr ban, do they label it in their passport in the visa section? 

I wonder if maybe because our stepson got a visa, and we have a daughter who is already an American citizen (under 1 yr old) we may be getting a break? I don't want to assume that and I know to expect the worst case scenario already but perhaps those facts along with the psychiatrist stating he would write a letter of support may help us? 

8 minutes ago, missileman said:

There is no way to know........please let us know what happens.  Your experience will be very valuable for others.

I know there are people on this forum who have had the 1 year ban, I was hoping they could shed light on whether they still had to submit their passport or if they had to wait a year and retest before doing so.

I know you're right that, we'll just have to wait and see as each case is unique I suppose. I'll definitely be sure to let you all know of the outcome. I won't just silently disappear, I'll share the information to help future forum users. 

I've read lots of old posts on marijuana being found in the medical exam almost warranting ineligibility for a year.

My question is, did any of you have to drop off your passport to the embassy after the medical results? If so, why did they collect your passport? My wife's medical results were delayed after her interview. She met with the panel physician and psychiatrist to discuss why they found marijuana in her tests.  The psychiatrist said he would write a letter in support of her, although the typical penalty is a 1 year ineligibility and retest. She was still instructed by the embassy to drop off this passport. Should we still be expecting that 1 year ban? 

Thanks,

Theodoris

Hello,

My wife's medical results have been delayed. She had her interview on April 2nd, and was told that she needed to go back to the consultorio de visa. They had her complete additional urine tests. She originally went to this hospital two weeks prior to the interview, but the results weren't ready. 

- She has used marijuana in the past 30 days, is this something which could further delay processing?

- In the past, she also tested positive for Hepatitis A over a month ago. From what I've read online, it isn't listed as one of the "diseases of public significance" according to the USCIS webiste. Am I right to assume this shouldn't cause a problem? 

Do we have anything to worry about her? Does anyone else have any previous experiences, insight, or knowledge about how the about two scenarios can affect processing? My stepson already had his visa issued, it took only a week after the interview for it to be printed so it  seems they're processing them fast in DR. Right now, the only problem and delay seems to be going on with my wife's tests.

Thanks,

Theodori 

12 hours ago, NigeriaorBust said:

  Where are the child's biological parents? 

The child's biological parents have never been involved in the child's life, and essentially allowed my wife's family to raise the child and embrace them as his own. They're also more than willing to allow the child to be legally adopted by my wife and said that they feel like he isn't a child of their own. 

7 minutes ago, H&T said:

Adopt a child and immigration are two different problem. I think you should get advice from immigration lawyer.

True, I would but I don't have the money for that so I thought I would post here and see if someone was ever in this scenario and could provide free advice.