Denied Visa's for I129F

[1KING 1QUEEN 0]

What is the process after a petitioner's petition for a Fiance visa has been denied? I know they give you a 2 to 3 year waiting period before you can apply again what are the chances you will be approved the second time around, has anyone went through this and has been approved the second time around?

[payxibka 10,048]

What is the process after a petitioner's petition for a Fiance visa has been denied? I know they give you a 2 to 3 year waiting period before you can apply again what are the chances you will be approved the second time around, has anyone went through this and has been approved the second time around?

There is no specified time to re-apply... What reasons caused the denial.... If these reasons are not resolved/overcome then the result the second time will be the same

[1KING 1QUEEN 0]

My fiance was denied for admitting to smoking marijuana in the past.

[Deputy Purple 1,294]

Well that changes things from what you posted originally.

Your Petition was not denied, his application for a Visa was denied. It makes a difference.

Past drug use is waiverable if it wasn't in the recent past, was experimental use and didn't continue. Look in the Waivers Forums or go over to immigrate2us.net as they specialize in waivers.

Edited June 22, 2010 by Bob 4 Anna

[sus 70]

Contact MrsPalmer - same situation, they married and then refiled for the CR-1 after the ban was up. Her husband is here now.

Well that changes things from what you posted originally.

Your Petition was not denied, his application for a Visa was denied. It makes a difference.

Past drug use is waiverable if it wasn't in the recent past, was experimental use and didn't continue. Look in the Waivers Forums or go over to immigrate2us.net as they specialize in waivers.

Jamaica is a whole different animal when it comes to this - We have two members with similar circumstances who were denied, and denied the ability to file a waiver - the only option is to wait out the ban and refile.

[EmpressDMarie 1]

I read your review and have posted an excerpt from it-(hope you don't mind):

"...then they sent us to go get finger printed, we sat there the whole time praying, because he had admitted to smoking marijuana 2 years ago, so we were worried, because of what I had read on here. Any way we were called up to window 8, and a young blonde American asked us to hold our right hand up to swear to tell the truth so we did. then she opened up and envelope and asked me to sit down and asked him to pick up the phone so he did. And the woman asked him when was the last time he did drugs, he does not do drugs, so she denied him, and told him to come back December 2012"

Is it possible that the envelope she opened was the medical and could there be a possibility that he tested positive for "some type of" drug use at the time? I ask because this happened to my cousin. His father was the one filing for him and they did not tell him the reason he was denied. Their attorney contacted the embassy and found out that it was because he tested positive for marijuana use.

My advice would be to get married and petition for him as your spouse instead of fiance. According to "Sus" though, you still may need to wait until the ban is up. Seeing that the ban is not up until Dec. 2012, I would think that they would have concerns that you guys stayed engaged for so long and didn't decide to get married. Good Luck!

[Mrs. Palmer 5]

Mexilus...I am going to send you a message to your inbox. Been there, done that..