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[UPDATE] Husband Admitted to Marijuana Use in Medical Exam ADVICE AND EXPERIENCES PLEASE!!

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Hello! So here is the origian thread http://www.visajourney.com/forums/topic/456572-husband-admitted-to-marijuana-use-in-medical-exam-advice-and-experiences-please/page-3#entry6540519

We just got news from the Embassy, and all they said was that we were missing our W2s from the co-sponsor (my father). Could this really be possible? What do you think happened? His test was negative, they don't care that he admitted? The Dr. didn't publish that he admitted? They overlooked his medical exam?! So now I guess we are going....however I do have a few questions that mabye you can help me wtih.

1.) I am from the States, if I have a child in Peru with my Peruvian husband will I have to file all this ####### for the child as well?

2.) Emotionally we thought we had to stay in Peru for another year, we thought there was no way in hell they were going to give us the visa. Game over. So is there anyway he could say, come visit the US for Christmas, and then we could postpone the application until next year?

I honestly can't believe this! Is this a trick or something? Thanks a lot

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I don't know what to tell you, other than that this is a good sign.

To answer your other questions:

1. No, because you are a US citizen, your child has a claim to US citizenship as well, regardless of where the child is born. You will have to report this birth at the nearest consulate through a CRBA (Consular Report of Birth Abroad). Your child can then get a US passport.

2. That will be difficult. Does he already hold a valid tourist visa to the US? If not, he will have to apply for a tourist visa, which is almost impossible to be granted if he has a pending immigrant petition/visa. Depending on how long you plan to stay in Peru after the visit, it will probably be better to visit the US and activate his CR-1 (giving him permanent residency once stamped by CBP) and then go back to Peru. You shouldn't stay in Peru for more than a few months in this scenario however.

Edited by yang-ja
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I honestly can't believe this! Is this a trick or something? Thanks a lot

It might not be a trick, but part of the administrative process. They could hold out the question until the interview. Or the doctor "forgot" to check it on the medical exam. Eitherway be prepared that they might ask him about drug usage at the interview, and have a good answer so he won't be denied.

1.) I am from the States, if I have a child in Peru with my Peruvian husband will I have to file all this ####### for the child as well?

I1. No, because you are a US citizen,...

This will depend if you as a USC will meet the residency requirements. If you meet them, I agree with yang-ja. If you don't meet them, you will have to do the entire green card process with your child/children.

2.) Emotionally we thought we had to stay in Peru for another year, we thought there was no way in hell they were going to give us the visa. Game over. So is there anyway he could say, come visit the US for Christmas, and then we could postpone the application until next year?

He can apply for a B2/tourist visa. Very unlikely though that it will be granted, since he already showed immigration intent. The consular will simply just say, that you can come visit in Peru since you as a USC can travel.

It's amazing how many questions can be resolved with a 2 minute Google search...

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Well, sometimes they just wait until the interview to bring up issues like this and deny you. So that might happen and it seems as though you were getting prepared for that scenario.

But say this doesn't happen and he passes his interview then you don't have to rush to complete your whole move in a matter of months.

You have six months to activate the visa so you can take your time moving over together.

Or

You could go over for Christmas together, activate the visa, stay for long enough to get the Greencard in the mail (4-6 weeks), then come back to Peru and wrap up your lives and move back permanently a few months later. Or you could stay in the US and start working on stuff for your new US lives, and he could go back to Peru with his greencard and wrap up everything and rejoin you a few months later.

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timeline.gif

The visa, if approved, will have 6 months to be used from the date of the medical.

His medical results are simply passed to the interviewing consulate for review - he can still be denied based upon the medical report, as final decision is that of the interviewing officer.

EDIT: I see you already had an interview. In which case, I'd return the forms they're asking for and keep an eye on CEAC/in contact with the embassy. Do you have to have a second interview? If you complete your timeline, it's much easier for people to know what you've done so far.

Edited by lost_at_sea

* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London

7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived

 

* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production

27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed

26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
30th May 2017 - Interview (approved)
7th June 2017 - Oath

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Yes we already had an interview. At that time, we didn't have the medical report, or the affidavit of support. So they said just send it by DHL. So we did, waiting to get a "no" response. Then they sent his passport back, with the yellow letter saying that we needed to send in the W2s from my father.

So what you're saying is there is still a chance that they could call us in for a second interview and deny us? When we had our first interview the lady who interviewed us made it sound like just turn this stuff in and we will retun you passport with the visa....but then all the suff happened with the medical exam. We decided to go for it anyway. And here we are.

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So what you're saying is there is still a chance that they could call us in for a second interview and deny us?

This can always happen. Only once the visa is issued, and you hold it in your hands, it will be final.

It's amazing how many questions can be resolved with a 2 minute Google search...

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Yes, I understand this, but as of now I would say things are looking good right? I mean it sure does seem like all we have to do is turn in the W2s and done. I mean at this point I don't really have my hopes up or anything, but I just can't believe it. Some weird fluke!?

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Yes, I understand this, but as of now I would say things are looking good right? I mean it sure does seem like all we have to do is turn in the W2s and done. I mean at this point I don't really have my hopes up or anything, but I just can't believe it. Some weird fluke!?

There's no such thing as a fluke with US immigration. Chances are the medical report said he was negative for drugs and the doctor stated that they didn't think he was a current user or likely to be again.

Get on and send in the W2s, then you'll know more for sure what's going on.

* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London

7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived

 

* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production

27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed

26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
30th May 2017 - Interview (approved)
7th June 2017 - Oath

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In regards to your question #1.

This will depend if you as a USC will meet the residency requirements. If you meet them, I agree with yang-ja. If you don't meet them, you will have to do the entire green card process with your child/children.

Mark88 is absolutely right and I should have elaborated.

Read this http://travel.state.gov/travel/living/living_5497.html

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  • 8 months later...
 
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