k1 Fiance Visa with Jamaican denied over marijuana possession

[1500milesinlove 0]

I am a US citizen. My fiance is a Jamaican citizen. We applied for a fiance visa in January 2016. We were denied in January 2017. We have been together for almost 5 years. He haven't gotten back the official notice from the embassy as of yet.. I checked the status online on a daily basis and it went from "administrative processing" to "rejected". I can assume it is because of the arrest he had in 2013 for 10-15 grams of marijuana in 2013. The record was expunged, but I am now realizing that doesn't seem to really matter. I am trying to figure out the best next move.  Should we proceed with the waiver. Should we get married and try to apply as spouses. please help.

[LionessDeon 2,060]

When he interviewed did they give him a blue paper?  Was the box on that paper marked "eligible for waiver"?

Just getting married and refiling will arrive at the same outcome.  

 

Since the legalization of marijuana in JA the constabulatory has been allowing expungment of marijuana violations.  However, the DS160 application asks if your have ever been arrested therefore, the expungment doesn't really help.  Also, marijuana has not been legalized in America by federal legislation and immigration is federal.

 

Edited February 21, 2017 by LionessDeon

[1500milesinlove 0]

1 hour ago, LionessDeon said:

When he interviewed did they give him a blue paper?  Was the box on that paper marked "eligible for waiver"?

Just getting married and refiling will arrive at the same outcome.  

 

Since the legalization of marijuana in JA the constabulatory has been allowing expungment of marijuana violations.  However, the DS160 application asks if your have ever been arrested therefore, the expungment doesn't really help.  Also, marijuana has not been legalized in America by federal legislation and immigration is federal.

 

So he interviewed during the week of hurricane Matthew. So his medical exam date was changed to after the interview. He also did not have my tax information at the time of the interview so they told him he had to send in the missing information once he obtained it. He wasn't denied at the interview. I saw the rejection status on the CEAC website. I dont believe he was given anything at the interview... They have had his passport for nearly 3 1/2 months. I have no idea what the hold up is.  For time and hope's sake lets say I am right in assuming that he was denied over the marijuana charge. It was definitely less than the 30 gram threshold, I am assuming it can be waived. I just have no idea what to expect from this waiver process and we're pretty burnt out and traumatized over this. 

[LionessDeon 2,060]

Once they received his medical results they didn't call him back to the embassy to give a final determination?

I would email the embassy. Tell them you saw the update to refused on the computer and would like to know the reason for refusal and if he's waiver eligible. 

 If he was refused due to the marijuana charge he's going to need a waiver regardless of what type of visa you file for. So even if you decide to marry and refile the same thing will happen. 

You can review my timeline. 

Waivers are a process but end result was worth it. 

Edited February 22, 2017 by LionessDeon

[Jawaree 717]

When the site states REFUSED it does not necessarily means its a final denial,

the site is not reliable at times, if he had an arrest and it was disclosed & shown

on his police report, the CO could have it been reviewed if a waiver will be needed

that would be AP or refused in the system, they still has his PP. Think positive

hope for the best, the only thing can happen is that they come back at him wanting

a waiver.... a headache but just a pause

[1500milesinlove 0]

Hi everyone. 

 

Thank you for the positive and realistic responses. I emailed the embassy to ask what is going on and they have asked that he return to the embassy in about 3 weeks for a follow up interview. 

Does anyone know what this is about? 

 

[Jawaree 717]

Question/s they need answeres for ..if it was a documemt

they'd say bring it in...He must remember all he ever told them

they record everything

[LionessDeon 2,060]

On 2/24/2017 at 3:29 PM, 1500milesinlove said:

Hi everyone. 

 

Thank you for the positive and realistic responses. I emailed the embassy to ask what is going on and they have asked that he return to the embassy in about 3 weeks for a follow up interview. 

Does anyone know what this is about? 

 

It is to go over his medical exam results and give a determination on the visa application I would assume.

[1500milesinlove 0]

thanks again for the responses. He stopped smoking months before the medical and there wasn't any problems there i believe. They haven't requested any other documentation. Do you think it would make a difference if I were to go down and go with him to the interview?

[LionessDeon 2,060]

I don't think at this point it would make a difference if you are there for the interview or not.  If they have decided to give him a one year ban for past use that decision has already been made.  Unfortunately, you being present will not change that part of it.

[1500milesinlove 0]

Thank you for responding.  His medical was done in November and he wouldn't have had any discrepancies with that bc he was completely clean

[LionessDeon 2,060]

He may have tested clean but did he admit to past use?  Did they ask him the date of his last use?  What does the ceac tracker show today?

I think we talked about this before.

[LionessDeon 2,060]

He may have tested clean but did he admit to past use?  Did they ask him the date of his last use?  What does the ceac tracker show today?

I think we talked about this before.

[1500milesinlove 0]

4 minutes ago, LionessDeon said:

He may have tested clean but did he admit to past use?  Did they ask him the date of his last use?  What does the ceac tracker show today?

I think we talked about this before.

NO! This was the biggest concern - Being labeled a drug addict and being referred to a psychologist. There was no admission to use and again he was completely clean.  The biggest concern of the consular officer, according to him was her inquiry into his arrest. The CEAC says it was updated on Feb 23, but it still reads rejected. 

[LionessDeon 2,060]

18 minutes ago, 1500milesinlove said:

NO! This was the biggest concern - Being labeled a drug addict and being referred to a psychologist. There was no admission to use and again he was completely clean.  The biggest concern of the consular officer, according to him was her inquiry into his arrest. The CEAC says it was updated on Feb 23, but it still reads rejected. 

 

 

16 hours ago, 1500milesinlove said:

He stopped smoking months before the medical 

 

Ok this is not making sense to me.  

You have stated that:

1. that the ceac tracker showed refused.

2. he had an arrest for 10-15 grams in 2013 that was expunged

3. he stopped smoking months before the medical

 

I am not talking about how he tested at the medical exam.  I am talking about his past incidents.  At the medical exam how did he answer the question of past use??  You just stated there is no admission of past use BUT there is!   So did he lie?? If he didn't admit to past use at the medical then why did they send him to a psychiatrist??   He has an arrest that was expunged.  The embassy does not care about expungment.  They care about arrests.  The question on the DS160 is "HAVE YOU EVER BEEN ARRESTED?"....not "was it expunged?".     Does the CEAC tracker still show refused??  The biggest concern is being refused for the arrest or given a one year ban for past use.  Embassy labels do not effect you past visa issuance.

 

I'm trying to help you figure this out.  The main thing now is what the ceac tracker says. 

Psych tests and labels are just processes don't waste time worrying about that now.  You're beyond that point ... the concern is visa approval.

Edited February 28, 2017 by LionessDeon