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ChazAZ

K-1 Visa Approved after initial denial

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Filed: K-1 Visa Country: Mexico
Timeline

Well after searching endlessly for information about the drug policies our immigration officials follow, exhausting every resource I could find for more information and finding only a few PDF downloads, I feel I am somewhat well versed in the topic of Denied for Drug use. We were approved after our initial denial. It is clear to me now that if your fiancee admitted to a one time use (the key phrase is one time use) then there really isn't that much to worry about in regards to being denied again at the follow up interview. Know this; you and your fiancee are NOT going to cross if they admit during the medical. They (the immigrant) are immediately flagged for denial and the process will come to a screeching halt as soon as they admit to using drugs. If they are clean at the time of the medical it is the governments responsibility to prove it otherwise. Don't help them. They MUST be clean for a period of three years before they can be admitted to the U.S. If multiple uses were admitted to even if it has been ten or fifteen years since their last admitted use they will have greater problems. I can only address an admitted one time use as that was my experience although through all my research I read every string I could find both on this site and others in regards to a denial due to drug use. Basically, it really is going to depend on how your fiance interviews, the person that does the interviewing and if the story is unchanged from the first interview to the second. We brought no paperwork showing "rehabilitation" or otherwise. We showed up and went through the process again and this time we were approved. She was scrutinized by the medical staff and endured 6 hours of examination. They waited until the end of the day to do the psych evaluation. She was denied food and water all day and then interviewed about her admitted past one time drug use. They tried to trip her up and told her that she was recounting the story incorrectly. She stuck to her original story and that was that. At the consular interview she was asked one time at the end of the interview about her "use" they asked her what I thought about it and if I was a drug user as well. This is an important part of the interview. She conveyed that although I wasn't happy about her one time use it was not enough for me to leave her because I love her and we want to be together. She said I did not use drugs and did not hold it against her for trying it one time as I had done the same earlier in life. We were approved, we waited the three years necessary and my fiance was as cool as a cucumber at the interview.


K-1 Visa

Event Date Engaged 11-28-07

Service Center : California Service Center

Consulate : Juarez, Mexico

I-129F Sent : 2008-01-21

I-129F NOA1 : 2008-01-23

I-129F RFE(s) :

RFE Reply(s) :

I-129F NOA2 : 2008-06-11

NVC Received : 2008-06-16

NVC Left : 2008-06-18

Consulate Received : 2008-06-20

Touch: 2008-7-1 Called (not in Juarez computer system yet)

Touch: 2008-7-9 Called (not in Juarez computer system yet)

Touch: 2008-7-17 Called (not in Juarez computer system yet)

told me typically is 4-5 weeks after receipt before the case is

entered in the system...maybe next week

Packet 3 Received : 2008-07-26

Packet 3 Sent :

Packet 4 Received :

Interview Date : August 23rd (DENIED)

Visa Received :

US Entry : 04/30/2010

Marriage : 07/17/2010

AOS: Work permit and advanced parole 03/16/11

Resident card 04-16-11

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