Needing some help

[americanlass 0]

So...my fiance had his interview today and the news we received was very depressing. My fiance got a DUI about 18 years ago and on his medical forms, they asked if he abused or missused alcohol. He is by no means an alcoholic, maybe has a beer here and there, but they asked for him to go to the same place he had his medical to get a toxicology report and our visa is pending at this time. I've never heard of them asking for a toxicolgy report and I think this is out of character. My main problem is that my fiance does smoke pot from time to time(very rarely), but he did have like 2 puffs last night so it will more than likely show up on the toxicology report. At this point, I don't know what to do but I would love any help and any answers on this would be greatly appreciated.

[Zee Bee 61]

If they find pot in his system I believe it is a 3 year ban.

Was he asked about drug use at his medical? If he said no, and they find something in the toxicology report you may have some issues.

[Chica Yeyé 41]

If they find pot in his system I believe it is a 3 year ban.

Was he asked about drug use at his medical? If he said no, and they find something in the toxicology report you may have some issues.

Agreed, and not light issues. It is not out of character to request toxicology if there is a chance the beneficiary has substance abuse issues (I am not saying your lovey does). There is a lovely couple on VJ who got denied because the beeyatch at Montreal "thought" she smelled alcohol on the guy's breath... and this man has not had a drink in decades

Wish you the best.

[desertblue88 0]

Not to add to a bad situation, but typically for Drug Use of an alien it comes with a lifetime bar in entering the United States.

This can be found here: http://www.uscis.gov/propub/ProPubVAP.jsp?...fb0686648558dbe

See a similar case where an alien was barred: http://www.alternet.org/drugreporter/50948/

[Carlawarla 1]

I'm wondering if a toxicology report will even be looking for pot use. Maybe it's like a blood test. If they're checking for blood sugar, they aren't checking to see if you're pregant. Just something to think about. Maybe they have to be specifically looking for something to have it come back with having something in it.

[CBR 0]

I'm wondering if a toxicology report will even be looking for pot use. Maybe it's like a blood test. If they're checking for blood sugar, they aren't checking to see if you're pregant. Just something to think about. Maybe they have to be specifically looking for something to have it come back with having something in it.

Exactly what I was thinking. When they do a blood test, they have to order everything they want to test for. The test won't show anything they don't order is probably a good way to explain it. If they sent him strictly for a blood alcohol level, that's all it's gonna give them. If they order a toxicology screen there will be several items tested an marijuanna being so common would be one of them most likely.

Here's an example of toxicology tests and how long the drugs stay in your system (blood test):

* Alcohol: 3 to 10 hours

* Amphetamines: 24 to 48 hours

* Barbiturates: up to 6 weeks

* Benzodiazepines: up to 6 weeks with high level use

* Cocaine: 2 to 4 days; up to 10 to 22 days with heavy use

* Codeine: 1 to 2 days

* Heroin: 1 to 2 days

* Hydromorphone: 1 to 2 days

* Methadone: 2 to 3 days

* Morphine: 1 to 2 days

* Phencyclidine (PCP): 1 to 8 days

* Propoxyphene: 6 to 48 hours

* Tetrahydrocannabinol (THC): 6 to 11 weeks with heavy use

[americanlass 0]

The just stated it would be a toxicology test...but with a previous DUI, I'm wondering if they just checked for alcohol, do they have to specify if they are doing a drug test? I know in the US, they inform you if they are testing for drugs.

I'm really wondering what my options are...could I hire a lawyer and try to fight this, saying he smoked a joint thinking it was a cigarette(in the UK, they roll their own cigs, and if they roll joints, most of the time they have quite a bit of tobacco in them as well.) Is there anyway to fight this?? He's not a drug user, the rest of our petition and interview were fine. I'm wondering if we could do another drug test in the future to prove he doesn't use, and maybe he could do random drug testing for awhile while he is in the U.S.

I'm looking for any options here to be with him...I love him, and I ain't giving up. Just wondering what I can do, should we go for a K3 visa and for me to reside in the U.K. with him or should I try and prove to the American Embassy in London that this was just a hitch?

[pushbrk 12,182]

The just stated it would be a toxicology test...but with a previous DUI, I'm wondering if they just checked for alcohol, do they have to specify if they are doing a drug test? I know in the US, they inform you if they are testing for drugs.

I'm really wondering what my options are...could I hire a lawyer and try to fight this, saying he smoked a joint thinking it was a cigarette(in the UK, they roll their own cigs, and if they roll joints, most of the time they have quite a bit of tobacco in them as well.) Is there anyway to fight this?? He's not a drug user, the rest of our petition and interview were fine. I'm wondering if we could do another drug test in the future to prove he doesn't use, and maybe he could do random drug testing for awhile while he is in the U.S.

I'm looking for any options here to be with him...I love him, and I ain't giving up. Just wondering what I can do, should we go for a K3 visa and for me to reside in the U.K. with him or should I try and prove to the American Embassy in London that this was just a hitch?

In your opening post, you wrote, "my fiance does smoke pot from time to time" which would indicate he definitely "is a drug user" by any technical definition. I think you're going to have to wait for the results and any next communication from the Consul, then act accordingly.

A k3 visa is for a foreigner, so you don't need one to join him in the UK. The UK does require a visa for you to go and marry him though. If I were you, I'd prepare for the fall back plan of living in the UK. If they detect the pot in his system and deny the visa, you'll need an attorney's assistance but with no assurance of a positive outcome.

[americanlass 0]

A k3 visa is for a foreigner, so you don't need one to join him in the UK. The UK does require a visa for you to go and marry him though. If I were you, I'd prepare for the fall back plan of living in the UK. If they detect the pot in his system and deny the visa, you'll need an attorney's assistance but with no assurance of a positive outcome.

Do you have any information on the visa I would need for me, the USC, to go to the UK and be married to him? Also, if they deny the visa, do you think an attorney would be beneficial for me?

[KimandRuss 0]

Here is a link that will give you more information about immigrating to the UK.

If your fiance tests positive for drugs he will most likely be denied the K1 visa and perhaps face a ban that you would have to file a waiver to get around. This is where a good immigration lawyer would come in.

As mentioned above, there is also the concern that he was not thruthful when stating he hadn't used drugs... I believe that's a more severe consequence that might be even harder to overcome.

Please let us know his results and the best of luck to you both.

[Carlawarla 1]

I noted that you posted a thread in the Waivers section. You might want to check out your story again before posting again. It does make a difference! Actually I don't know if it's you that is giving us the different story, or your fiance, but you really need to have him be honest, or you yourself be honest. I do hope he hasn't lied to anyone in the process or you could have some serious problems. Let us know how the blood tests come back. I DO hope that things work out for you.

[*JG* 2]

If it's drugs, you can't really say "oh they switched on me and I never knew". That doesn't fly.

3 year ban. You can try again after that.