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Mrs_Mouse

Help w/ denial. Positive drug urine test & Stupidity

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First let me thank everyone here for all their help along the way while filing my CR-1 and getting me through this process. It has been one heck of a roller coaster ride. And truly the help here has been invaluable. I don't believe I could have done it without you. (F)

CR-1 Peitition was approved! Medical done! Consulate interview fantastic! BUT we have a snag in the process now. The medical test became a problem. My husband admitted to trying marijuana in the past as a teen. We have been honest in this process and did not want any problems with not being 100% upfront with anyone. Of course, that seems to have opened a whole new bucket of worms. The urine test was positive.

So I guess the going away party the night before was a bit premature. My athlete, health conscious, non-drinking husband who won't even take an aspirin apparently did something? :whistle: I won't go into it. It is baffling to me at this point. That's the best I can do to assume what happened. No drug test will show a positive result from him sitting in a car full of men smoking on a trip back from training camp. Which did happen that week...

He was told that he would have to undergo testing quarterly for a year. The consulate employee told him that upon completion of this his visa would be approved. I have not received a notice or denial. When I spoke to them on the phone at the consulate I was told he would undergo 1 year of testing and not given any more information. It was like pulling teeth to find out where we go next. Basically, the answer was after he tests negative for a year we will talk.

My question is now what do I expect? Do waivers need to be filed for? The I-601 process has been stopped according to a memo I saw online at USCIS. Will his papers or original submissions expire? The CR-1 petition was approved. Where do I go from here? We are trying to get an idea of what to do next before I start packing my bags to move to Morocco and wait out this fiasco.

Please no bashing. I've already done enough of the "I can't believe this...," and "how could you..." . Yes, there are some people 'that' naive. They exist. :bonk: Any help would be greatly appreciated. And as always, thank you for listening!!! This is cheaper than therapy. ;-)

Best regards, Kim

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Hi Kim,

I am so sorry that this happened. I don't have any advice to offer about your situation other than to say you can get through this. My husband and I have been trying to get his visa for the past 3 years. We are under a great deal of stress but we love each other and our marriage is stronger than ever. Hang in there.

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Hi Kim,

I am so sorry that this happened. I don't have any advice to offer about your situation other than to say you can get through this. My husband and I have been trying to get his visa for the past 3 years. We are under a great deal of stress but we love each other and our marriage is stronger than ever. Hang in there.

Thank you for your thoughtful post. The waiting does indeed get to you! Three years, wow. My hats off to you. And good luck with your wait as well. Glad to hear there is another happy couple out there. My thoughts are with you as well :)

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No, actually as I have said we were honest through our proceedings so don't worry your pretty little head with that. My question was merely about the proceedings to come. It was your clever remark and implication that a teen that experimented with an illicit drug would now be as you said to quote you "He tried marijuana once as a teen and now the urine test is positive? Uhm, I'm no doctor, but it seems like he has a lot of liquid retention..." Please don't attempt to illicit a response nor imply that I said something to that nature. It's not helpful in the least.

Apparently you have very little to offer in the sense of "help nor guidance" so I would very kindly ask that you refrain from any kind of response to my topics in the future. These forums are used by those to offer help and advice on immigration. They have been a haven to many that needed a place for solice and advice. Not trolling nor words with malicious intent, under the guise of help.

And please... trolling is so déclassé. To try to gain some sort of joy or pleasure from another's pain? Please find another topic or poster to engage with. I do hope that you have not encounted similar posters/trolls in your search for help here in the forums. I have found everyone to be truly helpful up until now.

I+trolls.jpg

I'm sorry that my posts offended you, let me just say that from what you wrote it was totally unclear to me whether he did drugs once, repeatedly, whether such repeated use was disclosed or not. Please take the time to read your original post again and you will see what I am talking about. As to trolling or gaining pleasure from other people's pain, it's certainly not in my nature. I was just pointing out potential pitfalls that you may not have considered. Anyway, I'll take your advice and will stop worrying my pretty little head. Good luck.

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Kim,

I think your attitude about this situation is very admirable. I don't have first-hand experience with this and I probably fell off a turnip truck but during my search, I've found that there are several drugs that could trigger false positives. For example, http://www.ipassedmydrugtest.com/false_positives.asp. If he had taken one of these drugs, then he can bring his prescription to the US embassy.

I don't think he's been denied either. According to INA 212(a)(1)(A)(iv) http://www.borderimmigrationlawyer.com/storage/INA%20212.pdf

1182. Inadmissible aliens

(a) Classes of aliens ineligible for visas or admission

Except as otherwise provided in this chapter, aliens who are inadmissible under the following

...

(iv) who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services) to be a drug abuser or addict, is inadmissible.

As you have mentioned, there is no waiver for this type of case.

9 FAM 40.11 N12.7 Inadmissibility Under INA

212(a)(1)(A)(iv) Drug Abuse or Addiction

(CT:VISA-1452;

There is no waiver relief for an immigrant visa (IV) applicant who is admissible

under INA 212(a)(1)(A)(iv) (8 U.S.C. 1182(a)(1)(A)(iv)). Do not issue an

immigrant visa (IV) to an alien you determine to be a drug abuser or addicted to a

drug described in section 202 of the Controlled Substances Act. (See 9 FAM 40.23

Exhibit I.)

However, the fact that they didn't deny him outright and was asked to be tested quarterly for a year sounds like you still have hope. I can't find any information that's similar to yours where the applicant is told to undergo further testing. All of the cases that I've read got a lifetime ban.

Good luck to you and hopefully, he just took a prescribed medicine that he forgot to mention!


===========================

2008-08-16 Sent N-400

2008-08-18 Application Received

2008-08-19 Check Cashed

2008-09-18 Biometrics

2008-12-09 Interview

2009-01-XX Oath (Yay! I'm a citizen)

==========================

07/19 - NOA2 approval

08/20 - Case received at NVC

08/23 - emailed DS-3022

08/25 - mailed AOS

08/27 - received AOS

08/31 - AOS Accepted

09/04 - Received confirmation of DS-3022

09/05 - Received IV invoice

09/05 - Pay IV bill

09/06 - IV showed as paid

09/06 - Send DS-230 packet

09/10 - Received DS-230 packet by NVC

09/17 - DS-230 Accepted/Case Complete

09/28 - Transfer to Manila Embassy

10/02 - Medical Exam at St. Luke's

10/08- 10/10 - Sputum Test

10/09 - Received by Manila Embassy

10/12 - Result of Sputum Test (Need to repeat)

10/16-10/18 - Repeat Sputum Test (Negative)

12/13 - Sputum Final Result (Negative)

12/21 - Interview at Embassy (Approved)

12/28 - Visa Picked Up from 2GO

12/28 - CFO

12/30 - POE (LAX)

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Since the petition filed was a130, a year from the denial date you can ask for another interview date, the embassy has asked for interval drug screening test to show evidence that he has not continue to particapte in this illegal activity.

So, wait a year, pee into a cup for testing every 3 months, hope for a negative result, and be-re-interviewed.

Hope that it all works ut.

Edited by LIFE'SJOURNEY

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No, you didn't say it, but it was pretty easy to guess. I didn't fall off a turnip truck either, nor did the civil surgeon at the US consulate. Did they tell him anything about lying? If he admitted that he smoked once as a teen and then they found him positive now, they know for sure that he made use of controlled substances at least another time and he didn't disclose it. This could be a real problem, not having to undergo urine tests for another year.

yea she did, 3rd paragraph 1st sentence :) Read carefully before you assume :thumbs:


06/02/12 Married

USCIS

09/17/12 I-130 sent
09/21/12 NOA1 recieved via e-mail (CSC)

09/27/12 NOA1 hardcopy recieved
09/27/12 Case transferred to another office for processing (Jurisdiction)
10/03/12 Received notice of transfer. Transferred to NBC in Missouri
10/03/12 Checked USCIS.gov/Notice of transfer to another USCIS office for processing
12/19/12 NOA2!!!!!

01/07/2013 NVC recieves the case
01/24/2013 Got the Case and IIN #
01/24/2012 E-mailed DS-3032


01/24/2013 AOS bill invoiced
02/07/2013 DS-3032 e-mail accepted
04/15/2013 AOS and IV fees payed

05/15/2013 AOS and IV packages sent

05/29/2013 CASE COMPLETE

06/04/2013 Interview date set for July 30th 2013

07/27/2013 Medical completed

07/30/2013 Interview APPROVED!!!!!

event.png

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KIM- DOn't give up hope....You have been on this journey for a while and don't let this hurdle set you back...It could have been worse they could have just denied him... They didn't, they gave him a year to test him....Life happens....This site is not to judge others or make you feel worse...Its here to help one another get through this.....So my advise to you would be consult a lawyer they can answer all your legal questions and maybe find other ways of getting through this hurdle...

I've been on this journey since 2010 my fiance visa was denied so went through the route of a marriage visa...Hang in there...

:ot: I would just make sure your husband doesn't go anywhere near that smoke it can stay in the system for a day or two for 2nd hand smoke...Just stay strong and you guys will be fine.....ANd I hope this does not sound like a judgemental response....

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First let me thank everyone here for all their help along the way while filing my CR-1 and getting me through this process. It has been one heck of a roller coaster ride. And truly the help here has been invaluable. I don't believe I could have done it without you. (F)

CR-1 Peitition was approved! Medical done! Consulate interview fantastic! BUT we have a snag in the process now. The medical test became a problem. My husband admitted to trying marijuana in the past as a teen. We have been honest in this process and did not want any problems with not being 100% upfront with anyone. Of course, that seems to have opened a whole new bucket of worms. The urine test was positive.

So I guess the going away party the night before was a bit premature. My athlete, health conscious, non-drinking husband who won't even take an aspirin apparently did something? :whistle: I won't go into it. It is baffling to me at this point. That's the best I can do to assume what happened. No drug test will show a positive result from him sitting in a car full of men smoking on a trip back from training camp. Which did happen that week...

He was told that he would have to undergo testing quarterly for a year. The consulate employee told him that upon completion of this his visa would be approved. I have not received a notice or denial. When I spoke to them on the phone at the consulate I was told he would undergo 1 year of testing and not given any more information. It was like pulling teeth to find out where we go next. Basically, the answer was after he tests negative for a year we will talk.

My question is now what do I expect? Do waivers need to be filed for? The I-601 process has been stopped according to a memo I saw online at USCIS. Will his papers or original submissions expire? The CR-1 petition was approved. Where do I go from here? We are trying to get an idea of what to do next before I start packing my bags to move to Morocco and wait out this fiasco.

Please no bashing. I've already done enough of the "I can't believe this...," and "how could you..." . Yes, there are some people 'that' naive. They exist. :bonk: Any help would be greatly appreciated. And as always, thank you for listening!!! This is cheaper than therapy. ;-)

Best regards, Kim

Sorry to hear about your predicament, but because sometimes a false positive is possible, the CO is giving your husband another chance to prove he is not a user / abuser. If you can afford to move to Morocco and keep your husband on the "straight and narrow" for the next year, then do it! I am not sure if you will have to re-file or not. I think the visa has a 1 year expiration date. Just make sure he doesn't pop positive on any of the quarterly tests; then you DO have big problems about getting him to the U.S. anytime soon. Good luck


NATURALIZATION

02/25/2014 - Eligibility date.

03/03/2014 - N-400 package mailed.

03/11/2014 - Check cashed.

03/14/2014 - NOA received.

04/09/2014 - Biometrics.

04/28/2014 - In-Line for Interview - 6 hours later Interview Scheduled!!

05/02/2014 - Interview Letter received. (Mailed on 29 April)

05/26/2014 - 3 year anniversary.

06/02/2014 - Interview. PASSED!

09/11/2014 - Oath Ceremony.

09/16/2014 - Updated driver licence and registered to vote.

10/08/2014 - Updated Social Security

10/14/2014 - Applied for U.S. Passport

10/27/2014 - U.S. Passport arrived in mail (13 days - DID NOT expedite)

10/30/2014 - Naturalization Certificate arrived in mail (was not folded)

MY IMMIGRATION JOURNEY IS OFFICIALLY FINISHED!!

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Just one more thing to mention - the I-601 process has in no way been "stopped", I'm not sure what you read but that would be a massive issue. It has recently undergone a major change, though, and all I-601 waivers are being filed through a centralized lockbox in the US rather than at individual consulates abroad. However, there is no way to waive the drug ban if indeed that's why the visa was denied. You really need to get a denial form that states the reason, by the way, before you make any further assumptions. The ban lasts for a year and can't be waived during that time. Proof of rehabilitation will be necessary at the end of the year, so that's why they mention the periodic drug tests, although I would take it a step further and try to enroll in a substance abuse program just to avoid any extra complications at the end of the 1 year. It's unfortunate that your husband wasn't able to understand the vast gravity of this immigration appointment, but what's done is done. From here, all you can do is move forward. Make absolutely sure he stays clean this year and can prove it when you re-apply next year. The same I-130 should remain valid and active at the consulate, so just be sure to contact them a about 6-8 weeks before the ban is up to try to re-schedule an interview and get the process underway to seek the visa again. You'll need to update the I-864 and DS-230 at that point, and probably get more updated civil documents, but from there it should be possible to get the visa.


Long story short, we have a complicated case. We've been at this for nearly 5 years. You can read our story here. I highly recommend our attorney Laurel Scott, as well as attorneys Laura Fernandez and Lizz Cannon .

Filed I-130 via CSC in Feb 2008. Petition approved June 2008. Consular interview in Mexico, Oct 2008, visa denied, INA 212a6cii. We allege improper application of the law in this case.

2012, started over in Seoul: I-130 filed DCF on 7/2, I-130 approved 8/8, Medical at Yonsei Severance 11/20, IR1 appointment in November 2012.

CRBA filed 1-3-13 at Seoul for our daughter

4MLHm5.pngCzLqp9.png

You can find me at

Immigrate2us.net as Los G :)

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