What happens after denial?

[Meredith 5]

Hey there,

So my fiance was denied for one year his K-1 visa in Kingston because he admitted to using marijuana once in the past year in his medical. His urine was clean. I won't go into the specifics of how Dr. Banbury tricked and bullied him into confessing, but there was a lot of shadiness there...not to mention the fact that she charged much more than the Embassy web site says that she does AND basically salivated over charging him an extra 2000 J after convincing him to get a urine test. I do not want him to go back to her at all next time.

My questions are:

1. His paperwork was not returned. Will it be? If we need to refile, we'll need it back.

2. Will we need to refile? Or will he just get another interview letter next spring and have to return with a new medical and police certificate?

3. Any further advice from anyone who's been through this before?

Thanks,

Meredith

[Gary and Alla 3,694]

Hey there,

So my fiance was denied for one year his K-1 visa in Kingston because he admitted to using marijuana once in the past year in his medical. His urine was clean. I won't go into the specifics of how Dr. Banbury tricked and bullied him into confessing, but there was a lot of shadiness there...not to mention the fact that she charged much more than the Embassy web site says that she does AND basically salivated over charging him an extra 2000 J after convincing him to get a urine test. I do not want him to go back to her at all next time.

My questions are:

1. His paperwork was not returned. Will it be? If we need to refile, we'll need it back.

2. Will we need to refile? Or will he just get another interview letter next spring and have to return with a new medical and police certificate?

3. Any further advice from anyone who's been through this before?

Thanks,

Meredith

1. His paperwrok will be returned to USCIS. By then the petition will be expired.

2. Yes. The petition will be expired you need to file a new one.

3. Don't use marijuana. It is illegal and a reason to be banned for more than one year. You cannot be "tricked and bullied" into admitting something you DID NOT do. So don't. Doesn;t matter what ones opinion on the use of marijuana is, you CAN be banned for life for using it. Best to lay off it until he gets here and BECOMES A CITIZEN 4 years later. Then they can only put you in prison but they cannot kick you out.

Wait one year and send in another petition.

[Mrs. NSA 6]

Good Advice

[Meredith 5]

Good Advice

Can I send in another petition earlier than a year? With the CR-1 processing times, I figure that if I send it in August (CR-1 this time around), we'll be ready to re-interview/apply for the visa in the Spring, after the one year ban. The I-130 is simply the petition, the interview is the visa application.

Will USCIS return the paperwork to me? I need it back to get married and refile.

[Meredith 5]

Can I send in another petition earlier than a year? With the CR-1 processing times, I figure that if I send it in August (CR-1 this time around), we'll be ready to re-interview/apply for the visa in the Spring, after the one year ban. The I-130 is simply the petition, the interview is the visa application.

Will USCIS return the paperwork to me? I need it back to get married and refile.

And I do see your point on marijuana. It's hard for me to fathom giving someone a one-year ban for a simple admission considering that I live in a city where it's decriminalized.

[pushbrk 12,114]

Can I send in another petition earlier than a year? With the CR-1 processing times, I figure that if I send it in August (CR-1 this time around), we'll be ready to re-interview/apply for the visa in the Spring, after the one year ban. The I-130 is simply the petition, the interview is the visa application.

Will USCIS return the paperwork to me? I need it back to get married and refile.

How to advise you about starting over depends on exactly what the denial notice says.

Just what documents do you need back that you can't simply order new certified copies of?

[chadobrian 0]

they will mail the documents back to him

[DeeDee&Sam 68]

better. if u used pot and the tests are clean, dont addmit it.

[Gary and Alla 3,694]

Can I send in another petition earlier than a year? With the CR-1 processing times, I figure that if I send it in August (CR-1 this time around), we'll be ready to re-interview/apply for the visa in the Spring, after the one year ban. The I-130 is simply the petition, the interview is the visa application.

Will USCIS return the paperwork to me? I need it back to get married and refile.

Yes. You could. Be sure you want to get married first, any denial would leave your husband in Jamica and you very much married. Be sure of what you do.

[Gary and Alla 3,694]

And I do see your point on marijuana. It's hard for me to fathom giving someone a one-year ban for a simple admission considering that I live in a city where it's decriminalized.

The federal government has not decriminalized it. It is a class A illegal drug with no legal purpose under US law, the same as heroin. What states do within the state is yet to be challenged but that is not the issue for USCIS who follow only federal law. The use of marijuana COULD result in a lifetime ban. If he uses it as an LPR he could be deported or his citizenship denied. So lets say the both of you are smoking pot on the street corner in your city and get caught. The cops write you both a ticket for $50 and when he goes for Removal of Conditions he gets deported. What fun!

One of the drawbacks of this type of relationship and LPR status. Relatively minor things for US citizens can be major problems for LPRs and their families.

[jaycali 415]

And I do see your point on marijuana. It's hard for me to fathom giving someone a one-year ban for a simple admission considering that I live in a city where it's decriminalized.

I see your point.

But Gary is right, plenty of states have legalized medical marijuana, plenty more states have decriminalized it. But immigration is completely a federal matter, and the federal government still considers it a class A drug.

[Meredith 5]

Thank you for all of the advice. And yes, I do want to get married, regardless of the outcome. If it doesn't work out for us here, I'll be heading down there. It's not ideal, but we're in this together, no matter what.

[Sirdaniel42 86]

Thank you for all of the advice. And yes, I do want to get married, regardless of the outcome. If it doesn't work out for us here, I'll be heading down there. It's not ideal, but we're in this together, no matter what.

:goofy:

[Kazulie 132]

Thank you for all of the advice. And yes, I do want to get married, regardless of the outcome. If it doesn't work out for us here, I'll be heading down there. It's not ideal, but we're in this together, no matter what.

On a positive note, it's not the worst place to have to move to!

[Neash 2]

Hey there,

So my fiance was denied for one year his K-1 visa in Kingston because he admitted to using marijuana once in the past year in his medical. His urine was clean. I won't go into the specifics of how Dr. Banbury tricked and bullied him into confessing, but there was a lot of shadiness there...not to mention the fact that she charged much more than the Embassy web site says that she does AND basically salivated over charging him an extra 2000 J after convincing him to get a urine test. I do not want him to go back to her at all next time.

My questions are:

1. His paperwork was not returned. Will it be? If we need to refile, we'll need it back.

2. Will we need to refile? Or will he just get another interview letter next spring and have to return with a new medical and police certificate?

3. Any further advice from anyone who's been through this before?

Thanks,

Meredith

OMG!! He used only ONCE in the past year and they found it??? Are you sure? That is ridiculous!!!