K-1 Fiance Visa Denial After Interview

[natalied 4]

My fiance and I first filed our i-129F with the USCIS 14 months ago and were so excited when he finally went in for his interview today. The interview was going well until the end when they brought up his medical he had done a few weeks prior. Somehow in all of our research and hours of paperwork we had missed the very important point that admission of marijuana use would lead to his visa getting denied. During the medical appointment the doctor practically talked him into admitting he had smoked before telling him that he needed to be honest because if they found out they would not be lenient on him. Now I'll be the first to say that sure he enjoys a couple of drinks at the pub but he is not a drug user and not a habitual smoker. However, since he has had it before the doctor made it seem necessary to disclose the information. Of course he didn't tell him that admission would lead to denial of the visa. Really great guy that doctor....reallllly great guy.

So the test came back negative and clean...as expected... but now we're dealing with this issue where they are practically accusing him of being a criminal and drug user??! Now I'm trying to figure out how my fiance, a good decent guy, who yes has tried pot before, is doing with a 221(a)(1)(2) visa denial and apparently a 1 year ban from coming to the United States? I don't know but to me that sounds absolutely ridiculous. After 8 years of being together long-distance all we want is to be together right now. It's so baffling to me why they try to catch you out at every turn. From what I'm reading on here it looks like we may have to wait 1 year and for him to do drug testing every 3 months. Yeah... I kid you not. We're so confused, upset and shocked.... I am absolutely so sick to my stomach about all of this.

So we really just need any advice on the following from anyone that may have experience dealing with these issues:

- Now that he has this denial on his "record" can he come over to the US to see me? Even if he stays for the less than 90 days? He said that there may be a 1 year ban on coming to the US? Is this true?

- Can we get married and then file for the CR-1 (what we should have done in the first place!!)? Or do we need to wait for the year to pass regardless?

- Once the year passes do we need to start the whole process all over again and re-file with the i-129F? That took a year for us to do in the first place! Then that would mean this whole thing could cost us 2 years!!

- If this is the case...can we re-file now for it to be ready to go after the year?

- Is there any chance of the i-601 appeal for this? It seems like the appeal is only for hardships and neither of us have anything that could be grounds for that. From what we've seen these don't really ever get approved? Just another way for them to laugh at us while they take our money? (looks like it's 500$ for that appeal request)

- Is it worth hiring a lawyer to help with this or will it end up costing us an arm and a leg with no better outcome?

Thank you so much for any advice or suggestions you have.

[apple21 953]

He can't visit you on VWP and even if you file CR1 it won't change his situation. Wait until the 1 year ban is over. You can visit him instead. Good luck.

[lost_at_sea 995]

The visa denial means he won't be able to get ESTA anymore to be able to travel under the VWP.

If you married and filed CR-1, the drug use would still make him inadmissible for a year.

Here's a thread I just dug up...

http://www.visajourney.com/forums/topic/397341-fiance-visa-denied/

And this is another one when they were married (so it shows it makes no odds):

http://www.visajourney.com/forums/topic/457386-smoked-marijuana-and-i-601/

Sounds like you have to reapply when the year is up, because your I-129f will have expired by then.

[Pitaya 2,577]

~Moved from K-1 Process to K-1 Progress Forum~

~Inquiry about post K-1 interview denial~

Edited December 3, 2013 by A&B

[Bugs 455]

Are you saying that the doctor should have not told your fiance to tell the truth and that your fiance should have lied?

[baron555 934]

Wait a year and refile.

[natalied 4]

Thanks all for the responses. This is such an upsetting process and I really appreciate any info we can receive on how to deal with this. Going to hire a lawyer to see what we can do.

[natalied 4]

Are you saying that the doctor should have not told your fiance to tell the truth and that your fiance should have lied?

Why yes that's exactly what I'm saying. The results were negative. Surely a 1 year ban from coming the the United States is a little harsh for admitting to smoking pot during his lifetime. I know very few people who can say that they have never tried any drugs in their life. I think it's an unnecessary question asked for a b.s. reason to not let someone in the great and mighty usa. If he had an issue with drugs it would be apparent during the physical examination, drug urine test, or police record. The question is unnecessary.

[SparklePony 238]

I thought the 1-year ban was from the time he last smoked pot? Has he received any official paperwork yet?

[crawlspace 3]

Your misfortune has probably just saved some other people a big shock, my wife and I included.

I'm sorry you have been dealt such a ridiculous blow.

[christeen 966]

Sorry for this... But there is no appeal, have to wait out the ban... They will not make exceptions. Just be strong...

[natalied 4]

I thought the 1-year ban was from the time he last smoked pot? Has he received any official paperwork yet?

Do you have any other info about this? Since it's only based on his admission will they ask him to tell them the last time? I wonder how they keep people honest about this or do a standard year for anyone. Again tests were negative so it's only on his word...they have no evidence of it.

Nothing official yet. He is supposed to speak to the doctor tomorrow but I'm expecting they'll tell him to do the testing every 3 months for a year.

[Wariza 8]

Are you saying that the doctor should have not told your fiance to tell the truth and that your fiance should have lied?

Hell yea, I would have lied if it had been several years and no trace in my system. Get real..............

[del-2-5-2014 1,339]

Hell yea, I would have lied if it had been several years and no trace in my system. Get real..............

I'm with you somewhat and it depends on how the question is posed.

1) Have you ever taken illegal drugs? Yes.

2) Have you taken drugs in the past 10 (or whatever number of years that tests can come back positive) years? No.

I ask all applicants to have a conversation with their foreign SOs so that their is no suprises at any stage and you can both prepare. It is not fair to USC to have to wait an additional year.

I know I discussed this with my Wife. Her medical and her interview are hers.

Good luck to OP on the next steps.

[KTichUsZim 3]

What drug stays in your system for 10 years? I feel so bad reading this, it is so ridiculous!!! I agree with earlier poster, unfortunately, your misfortune has saved so many others..

I don't know procedures on this, but I sure pray you don't have to wait another year