K-1 denied...now what?

[Gary and Alla 3,694]

Hello all,

A few weeks ago, my fiancee had her interview in Montreal and was denied because at her medical interview, she admitted to using marijuana before. She is not allowed to immigrate now for three years and is required to go to rehab and receive monthly drug tests over those three years to show she is rehabilitated. As much as it doesn't matter now, I want to be perfectly clear upfront...She has never purchased it in her life and her use of it was infrequent at best. How there is no appeal process or gray area here is astounding. Even the immigration officer who denied her said so and admitted that the law, in this case, was "archaic". But I understand that the law is the law, no matter how much I disagree with it, and sometimes being honest about how we have lived our lives bites us back.

It doesn't seem that there's any way to get around this three year ban...so my next question is...

Is there any way she can get a 4-6 month visitor visa so that we can live together until I begin my immigration process to move up to Canada?

Or can she even visit me at all, even if just for a weekend?

I can't seem to find any concrete information on the web whether any of this is possible, and I'd hate to spend more money on flights/forms if it's just not going to happen. But we've been apart for 15 months, and I likely won't be able to immigrate to Canada for 7-8 months given that our lives have been completely rearranged by their decision, and I have much to figure out before I can just move up there.

Thank you all for your information and support, and for making visajourney such an invaluable tool.

Adam

The problem with archaic laws is they are archaic LAWS. Funny since in Montreal I know it is possible to get arrested for possessing marijuana if you smoke it while walking down Sherbrooke Ouest AND throw rocks at windows while you do it. (observation, NOT personal experience, )

And I always wondered, what if my fiancee was from Netherlands and legally smokes marijuana? Are fiancees banned from the USA if the do something in another country, which is legal in THAT country but illegal in the USA?

Sorry it happened, but hey, Canada isn't such a bad place.

Agreed. I love Canada (we lived in Toronto btw). As a matter of fact, I intended on immigrating up there when we first separated, back in Oct. 07. But I own a home here in Orlando, and when I realized how bad the market got while I was working in Canada, I decided it would be better for our financial future if she moved down here, since I would make very little selling the house, and that renting would still likely cost me $400/mo in addition to our rental costs up there. So now it looks like I have to rent anyway given that the housing market got even worse since then and I'd be lucky to get my loan covered (in addition to losing the $20k I put down and 4 years of payments). So to be honest, if it weren't for the economic collapse we're having, I'd already be up there watching hockey and drinking Tim Hortons.

You can watch hockey here, watch CURLING in Canada! Last Sunday I was in Tim Hortons for a sandwich and coffee at Sherrbrooke Ouest and University in Montreal and they had curling on the TV. My Ukrainian wife says "What the HE-L-L is THAT???" LOL. I worked in Montreal for a time, je parle Francais, and go there often as it is less than an hour drive for us.

Good luck.

[Damian P 92]

however I still believe telling the truth is best.

What, even when it results in the OP's fiancee getting a 3 year ban from the U.S.? No, sorry, but sometimes you forget about stupid ###### you've done in the past, and keep your mouth firmly shut. The fact of the matter is that she had no criminal conviction for drug use, so quite frankly, she could have had a big, fat spliff the day before the interview, and nobody would have been any the wiser.

I will NEVER understand why people drop themselves in the brown stuff totally unecessarily. Having said that, what's done is done, and I wish the two of them all the luck in the world.

[luckytxn 2,263]

Have to agree. Let anyone that has never sinned throw the first stone. It is rediculous to be denied a visa for this. For them to deny for this means one should keep it close to the vest. More Americans smoke pot and have at least tried it that it is wrong to expect others to not do the same.

[xbitterduskx 0]

I had no idea that something like that, that might have only been done once ever, could end up with a deny and ban. That is totally lame. Trying something once or twice doesn't make for a bad person or turn someone into a threat to America Especially in a situation where it was years ago... or infrequent. That just baffles me. It's not like Americans get banned for 3 years for doing these things, so why does it matter the other way around?

I am really sorry to hear about the ban, and I wish you two the best of luck working it out!

[NatPatBen 3]

This is really sad to hear. I agree with the posters who mention that Americans who have done it once or twice aren't viewed as criminals. Even our current, and some past, president have admitted to this! Very disappointing that the government is so strict with this when it comes to immigration.

[akimont88 0]

It's a difficult world we live in. Christy and I try our best to be honest in everything we do...It's the closest thing to truth we can bring into a world that is often devoid of authenticity. But undoubtedly, in this case, we feel torn. I remember being proud of her rather than angry when I found out she told the truth, which was when i found out she was denied...It's one of the things I love about her. But at the same time, she'd be here with me if she simply said no. And knowing what we know now, she'd likely change her answer if she could do it again. I guess in this case, the ends justify the means. Ah...the complications of virtues and when breaking them is okay.

I'm just curious what rehab will be like for someone who isn't sick...Perhaps they will tell her she's in denial...lmao...

Talk about testing one's authenticity. We'll see how it goes.

[ikarus 1]

Is really heartbreaking to read your story, while at the same time you read the stories of politicians getting away with crimes that peons like us would be put in prison for, if not given the death penalty.

In the long run, you might be better off in canada.

Best of luck!

[haleywynne 0]

So let me get this straight... she was denied/banned because she said she had smoked in the past? No drug test or anything?

[msu17 0]

It's a difficult world we live in. Christy and I try our best to be honest in everything we do...It's the closest thing to truth we can bring into a world that is often devoid of authenticity. But undoubtedly, in this case, we feel torn. I remember being proud of her rather than angry when I found out she told the truth, which was when i found out she was denied...It's one of the things I love about her. But at the same time, she'd be here with me if she simply said no. And knowing what we know now, she'd likely change her answer if she could do it again. I guess in this case, the ends justify the means. Ah...the complications of virtues and when breaking them is okay.

I'm just curious what rehab will be like for someone who isn't sick...Perhaps they will tell her she's in denial...lmao...

Talk about testing one's authenticity. We'll see how it goes.

That's what I think is so absolutely ridiculous. Why are they making her go to drug rehab??? Unless she has a multiple time per day/every day habit why the heck would she need it??? Find a decent doctor to write her a history of going to "rehab" and be done with it. SO stupid. I know what you mean about virtues though, I do it to myself all the time. My husband always tells me to keep my mouth shut but I just can't help it. ANy time we need to haggle on anything, I make him do it since I can't lie to save my life. I still can't get over a 3 year ban for this, many of the smartest, most contributing citizens I know smoke on at least a weekly basis.

[Damian P 92]

So let me get this straight... she was denied/banned because she said she had smoked in the past? No drug test or anything?

Correct. And more to the point, because she freely offered up that information. Which she now realises she shouldn't have done!!!

[rebeccajo 14]

So let me get this straight... she was denied/banned because she said she had smoked in the past? No drug test or anything?

Correct. And more to the point, because she freely offered up that information. Which she now realises she shouldn't have done!!!

Damian -

The OP has already stated that he won't mind living in Canada. Plus he's already stated that he and his intended prefer to be truthful whenever asked.

I think a better discussion could be had about why limited recreational usage of marijuana is still illegal in this country. In the meanwhile, intending immigrants to this country should answer any question asked of them truthfully.

[Damian P 92]

So let me get this straight... she was denied/banned because she said she had smoked in the past? No drug test or anything?

Correct. And more to the point, because she freely offered up that information. Which she now realises she shouldn't have done!!!

Damian -

The OP has already stated that he won't mind living in Canada. Plus he's already stated that he and his intended prefer to be truthful whenever asked.

I'm well aware of that, Rebecca. The OP has also stated that, given her time over again, his wife would change her answer to "no" when asked the same question.

I think a better discussion could be had about why limited recreational usage of marijuana is still illegal in this country.

Yes, that would indeed be great topic to discuss

In the meanwhile, intending immigrants to this country should answer any question asked of them truthfully.

Yeah, right. So whenever any would be immigrant that has dabbled mildly in a little weed ions ago (like, oh I dunno, me??) is asked "have you ever done drugs?" he/she should answer "yes, yes I have" and get a nice, fat, 3 year ban then?

I think not.

[rebeccajo 14]

So let me get this straight... she was denied/banned because she said she had smoked in the past? No drug test or anything?

Correct. And more to the point, because she freely offered up that information. Which she now realises she shouldn't have done!!!

Damian -

The OP has already stated that he won't mind living in Canada. Plus he's already stated that he and his intended prefer to be truthful whenever asked.

I'm well aware of that, Rebecca. The OP has also stated that, given her time over again, his wife would change her answer to "no" when asked the same question.

I think a better discussion could be had about why limited recreational usage of marijuana is still illegal in this country.

Yes, that would indeed be great topic to discuss

In the meanwhile, intending immigrants to this country should answer any question asked of them truthfully.

Yeah, right. So whenever any would be immigrant that has dabbled mildly in a little weed ions ago (like, oh I dunno, me??) is asked "have you ever done drugs?" he/she should answer "yes, yes I have" and get a nice, fat, 3 year ban then?

I think not.

That's your opinion, Damian. And as we've seen repeatedly, you have loads of them.

In the meanwhile and as long as this website advocates how to legally navigate this process, we don't advise people to answer questions posed with any answer other than a truthful one.

[Sylvia_n_Joseph 3]

Rules change slowly, especially when the government is involved. Back in the 70's you couldn't have or admit to any drug usage EVER to get hired in many jobs in the government. Now I think it is a question is you have had drugs in the last 15 years or so. Although many people experiment it is still illegal in the US. I think the real issue is the US applying it's laws to people that may be from places that allow the use.

[Damian P 92]

That's your opinion, Damian. And as we've seen repeatedly, you have loads of them.

And you don't!!!!!!!!!!!!!!!????????????????????????????????????

OMFG, you've just my day!!!