Are you entitled to see your Medical Report?

[carolncavan 0]

We were denied a K1 Visa due to a FALSE report on the Medical Exam that needs to be refuted. My question is, are we entitled to see the Medical Report? How do people on this site know if they've passed or failed their urine test? If we are entitled to see it, who should provide it, Andrews Medical (in Jamaica) or the US Embassy?

Please advise.

Thanks.

C&C

[LionessDeon 2,060]

It seems you would have the right to see any medical results as that is in the patient bill of rights. However, I don't know how you can exercise that right in this setting.

How do you know the urine test was inaccurate? Did they tell you at your interview? What exactly happened?

[carolncavan 0]

They denied us because they said the medical exam found him "to be a substance addict it abuser". That is simply not true. He doesn't use drugs at all and we want proof of this statement. We want to see the medical report. We know that the urine test had to come back negative and feel that they have purposely failed us for no reason but that they didn't like the pressure I put on them to have it done in time for our interview.

They can't make a statement like that and not back it up with proof. I'll fight them until the bitter end on this. I just want to know if others have received a copy of their report, whether passed or failed.

[MiNMiLove 33]

So sorry, hope you find the help you need!

[MiNMiLove 33]

Why did they not send him to get a psych eval if they thought he had a substance abuse issue? Awful. Blessings

[dilip 187]

Do you have any other approved medical center by your embassy? Also see whether they will give you a chance to submit another medical report? May be they mix up the sample? Discuss with senator office.

[LionessDeon 2,060]

Do you have any other approved medical center by your embassy? Also see whether they will give you a chance to submit another medical report? May be they mix up the sample? Discuss with senator office.

No can only go to Andrews

They denied us because they said the medical exam found him "to be a substance addict it abuser". That is simply not true. He doesn't use drugs at all and we want proof of this statement. We want to see the medical report. We know that the urine test had to come back negative and feel that they have purposely failed us for no reason but that they didn't like the pressure I put on them to have it done in time for our interview.

They can't make a statement like that and not back it up with proof. I'll fight them until the bitter end on this. I just want to know if others have received a copy of their report, whether passed or failed.

They say that when the applicant admits to past use. Did your fiancé admit to past use? Did they give him a one year ban? That is usually the case.

[Ash.1101 1,755]

Did he take any medication at all that could have caused him to test positive? Some over the counter medication can flag things, there was a guy who tested positive for syphilis in the past few months but that was also a blood test and caused by medication (as he wasn't denied, but had to go through further testing) but...

While you're saying that they're lying and they can't just say that without backing it up, they'd say the same thing about you saying they just failed him to fail him. Do you have any reason to believe they purposely failed him?

I'd contact the senators office but... at the same time, are you 100% that he doesn't take -anything-?


If he got a denial because of medical and drug use though, your case is going to be sent back to the USCIS to expire. Any inquries you send will probably just come back that he was denied and the case was sent back.
If you -truly- believe that it's a mix up, then you need to contact your senator asap, but MOST cases just expire. At that point you either try again for K-1 or go ahead and get married and go for CR-1.

I only say go for CR-1 because if something happened, you can at least try to appeal it, where as with K-1 it usually just goes back and expires and you keep doing that forever, unless you get lucky and it all works out.

Also, do you know the exact denial code? Drug codes go anywhere from he admitted to taking drugs and/or tested positive INA section 212(a)(2)(A)(i)(II) to trafficking drugs INA section 212(a)(2)©(i) or 212(a)(2)©(ii). Both of these end up with bans 99% of the time, the first being lighter, but it's a ban that he can't do another interview for at least a year.

Now, do I think your entitled to what was in that sealed envelope? Probably not. It's most likely just for government use. Chances are the paper they got said that it tested positive. It's not the consulate officers job to question the information in medical.

I don't see it possible for you to prove there was a mix up or that they set him up, to them you're just another fiance/spouse that was being lied too.

Edited October 24, 2015 by Ash.1101

[Jawaree 717]

Realistically they have no reason to lie, however human errors can cause confusions,

SO if that sure he is not abusing anything get an atty or congressperson to get him

another medical done...was it done in Kingston?

Sesame seeds can give a positive showing found on some breads/buns, certain cold medicine

like nyquel etc ...that's why they request any meds taken over the counter or prescribed be

taken in to medical panel Dr.

Jamaica has no say in the contract panel Dr has with the US, he just collect tests and applicants

answers, this report is sent & only only in possession of the US now. If he admitted to drug use or

alcoholism he get sent to the psych. Did he get a 221G and what did it say, did he send you a copy?.

Drug arrests gets a denial also medical check is done for many reasons...atty or congressperson will

need proof they wont jump the gun.

[Jawaree 717]

Do you have any other approved medical center by your embassy? Also see whether they will give you a chance to submit another medical report? May be they mix up the sample? Discuss with senator office.

US Embassy around the world accept only findings of the CONTRACTED Panel Dr findings for immigrating purposes...no other Drs

[Pinkrlion 2,607]

I would contact my local senator so that they can receive actual information from the supervisor at the embassy as to what the medical report stated. Also, do you have a copy of the paperwork that he submitted to the MD at the appointment. What did he fill out?

Edited October 24, 2015 by Pinkrlion

[TBoneTX 43,058]

*** Thread moved from K-1 Process forum to the Embassy/Consulate forum -- topic involves that phase. ***

[gw68ad78 64]

I keep coming back to the phrase "substance addict and abuser" and wonder if perhaps the doctor "found" evidence that lead him/her to that conclusion above and beyond the urine test. Failing a urine test indicates that there were drugs found in the system and therefor a "failed" drug test. But to say an "addict and abuser"...what substance does the doctor believe is being abused and what is the evidence? An earlier poster said "that's what they say" when one fails a test. Ok. But if it's not the generic statement used I'd want to know what my fiancé said/wrote at/for the medical. I'd want to know which substance and what evidence. Were you at the interview? I'd want to have a face to face conversation with my fiancé to get his side of events. Is it possible that there may be some truth to the allegation? I'm sorry that time is fleeting and of the essence. I hope you uncover the truth and can sort this out. If all else fails and your love has not would you be willing to marry and file for him as a spouse? It wouldn't be 100% but your odds would be greater. Good luck in your decision.

[Boiler 43,433]

Might want have testing done to satisfy your own curiosity.

[Unidentified 2,930]

Are you 100% sure he's telling the truth about not taking ANY drug?