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Help w/ denial. Positive drug urine test & Stupidity

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Filed: K-3 Visa Country: Morocco
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ca_babe,

Thank you for taking the time to look into this so thoroughly. These are exactly the things that have been making me wonder - exactly the inadmissability of 'those' in circumstances such as these, what do the laws specifically state, how does it apply to "this" situation. And Your links are invaluable. Up until now, all the laws, statutes, etc. had me buried up to my ears. It was just too much to go through. I just kept getting deeper into it as I became more frustrated. Thank you so much for you help! (F)

Sincerely,

Kim

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Filed: K-3 Visa Country: Morocco
Timeline

Life'sJourney,

Thanks for taking the time to sort through this messy topic and post. All of this information is invaluable. The "one year" kept coming up in everything I was reading. I wasn't sure if it was the approved I-130 that would expire or this was in regards to the Visa itself. I was hoping for the best - pee and wait for the re-interview. Thanks again for your time and help.

All my best,

Kim

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Filed: K-3 Visa Country: Morocco
Timeline

Taal,

Thank you for the kind words. You and others have helped me "sort" through some of this and really look at it differently. You are absolutely right - he was not outright denied. And I was quite confused about that since neither of us received a letter of denial. And I really do appreciate what you said about "judging others"... it's a tough situation without having any additional stress thrown on top of it. We have all had different experiences with our "VisaJourney" but I don't think even the easiest case would have that person say this is something they would like to go through again! LOL

I hope that you also get some good news that will bring you two together again as well. You sound like you are in a good place and your positivity is very admirable. It's actually quite a joy. It comes across in your writing (F)

Best regards,

Kim

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Filed: Timeline

I'm with newlyweds2010. He didn't say anything wrong. He even mentioned you guys might have some real problems ahead. Then you were all rude.

If you're gonna post spotty, cryptic, posts about your fiancé, and his drug usage, or non-drug usage, or whether he smoked as a teen, and/or smoked on a guys trip...... you should expect comments like his, and mine.

I realize that the whole story is a precursor to your actual question, but I'm sure we could have done with out all the personal info on your hubby. TMI. Then you'd receive less trolling comments.

P.s. This isn't a therapy website, but I hope you get the help you're looking for in regards to your actually question. As I can offer no assistance in that. As for your hubby.... Tell him to drink plenty of water with lemon. Should help clean him out days before the big test, just incase he goes on another guys trip. ;) Good luck!!

Spot on.

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.

Thanks for the info.

There's no waiver. You'll need to wait a year. He will be asked to submit his urine during this year.

As far as the lying or misinformation goes, well, he knew you were going through this process. IMHO, he should've respected the process. That's how far I'll go.

Good luck

I'm not involved and even I 'm pissed.

You should really stop making excuses for your husband and just accept the fact that he is a marijuana user. I work in a detox center and I no that if it was in his urine that he used within 3 days of testing.

Spot on.

This is a good educational thread. Good show.

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Filed: K-3 Visa Country: Morocco
Timeline

I'm with newlyweds2010. He didn't say anything wrong. He even mentioned you guys might have some real problems ahead. Then you were all rude.

If you're gonna post spotty, cryptic, posts about your fiancé, and his drug usage, or non-drug usage, or whether he smoked as a teen, and/or smoked on a guys trip...... you should expect comments like his, and mine.

I realize that the whole story is a precursor to your actual question, but I'm sure we could have done with out all the personal info on your hubby. TMI. Then you'd receive less trolling comments.

P.s. This isn't a therapy website, but I hope you get the help you're looking for in regards to your actually question. As I can offer no assistance in that. As for your hubby.... Tell him to drink plenty of water with lemon. Should help clean him out days before the big test, just incase he goes on another guys trip. ;) Good luck!!

I would receive less trolling comments? I wish that were the case. I think the this type of question is a balance between how much should I say to afford the proper information - so that I may get the appropriate answer/help from others and how much to "withhold" for respect of others (and to avoid the trolls). However, I really do beieve if you clearly followed the post that I made originally, I do believe that you would find "exactly" what I am saying with no problem. As for being cyptic? I don't think so. I was very clear. You say TMI (too much information) and others understand and are addressing it as I would expect with the appropriate advice. So I suppose there is no middle ground here.

The great side of this is that there are actually many good and wonderful people have taken the time to look into this for me and to talk to me and walk me through this. And it is more conforting to hear it from people who have gone through this than any lawyer in my opinion. But know that I do appreciate and thank you for taking the time to respond.

P.S. Remember the old saying that "It's not always what you say, but "how" you say it. That could be where Newlywed and I got off of the wrong foot. But I do believe that he/she missed some of what was written. That might be the case entirely. No one is perfect... I'm not. And be assured... if I did need thereapy, this would not be the place I would go. It was only an attempt at humor that seemed to bomb as I read what you wrote.

Kim

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Filed: K-3 Visa Country: Morocco
Timeline

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.

GlobeHopperMama,

Thank you so much for mentioning that about the I-601 process. I was perplexed when I read the memorandum that the government issued. I am sure a lot of people will be relieved to see all that you wrote about that. Thankfully it seems there was no ban nor denial at this point. I was dreading that and unsure of where we stood. I think that was the toughest part - just not knowing. And you were right... before I make any more assumptions I do need to see if there was a denial. From the way it looks and what others are saying it looks like we were quite fortunate that there was no "outright denial" and at the end of this 1 yr. of testing he will have his additional interview. They were very kind at the consulate and just basically said we will call you as soon as this is done (the testing) and then you will be approved. However, everything I am reading says to the contrary. Also, until i have something in writing I am of course in limbo. But I guess in this case, no answer is a "good" thing.

So it looks like from here we do like you mentioned - move forward. And the same I-130 that was approved will remain valid and active at the consulate. And what a relief that was to hear!!! I could not handle starting from zero again. What a huge relief and weight off my shoulders just to know that. Phewwwww. Thank you, thank you, thank you. What a wealth of information you are!

Wishing you all my best with your case as well. Hopefully, the globe hopping can come to an end. :)

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Wait wait -- forgive me for not reading the past 3 pages but, OP, you have to submit a 601?? I thought only people like me had to submit 601s b/c my husband was here "illegally"??? o.O

All I know is they don't play with drug bans. I know people whose spouse admitted to drinking, they saw his prior DUI and sentenced him to a year, unwaivable bar that he had to serve out in ES.

Edited by ullnvrkno

USCIS - CSC/LOCAL OFFICE DC

12/5/11: NOA1

4/25/12: Case Transferred to Local Office (DC) for "Additional Processing"

4/27/12: Case Received at Local Office

5/15/12: RFE (daughter's birth cert)

5/15/12: RFE Evidence Sent (never received)

8/10/12: Infopass, evidence handed to officer adjudicating case

8/13/12: NOA2

NVC

8/20/12: Case Received

8/31/12: Case #/IIN Received

8/31/12: DS3032 Sent

9/11/12: ERROR MESSAGE! biggrin.png

9/13/12: AOS and IV bill INVOICED, Made AOS and IV bill payments, Mailed AOS and IV paperwork via USPS Priority Mail

9/14/12: AOS/IV marked as PAID

9/17/12: AOS delivered

9/20/12: IV delivered

9/25/12: AOS reviewed/accepted

9/26/12: IV reviewed/accepted

9/26/12: CASE COMPLETE11/27/12: Received Interview Date

01/11/13: Interview in San Salvador

03/15/13: 2nd Interview in SNS due to delayed medical report

I-601

3/21/13: Mailed to lockbox

3/22/13: Received at lockbox

9/25/13: APPROVED!!!!!!!!!!!!!!!!!

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Filed: K-1 Visa Country: Australia
Timeline

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

wait so did you husband blaze up or not? Is he saying the test is wrong? :blink: Sounds like he has to get drug tested for a year and pass then you can resume the process.

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Filed: K-1 Visa Country: Australia
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I'm with newlyweds2010. He didn't say anything wrong. He even mentioned you guys might have some real problems ahead. Then you were all rude.

If you're gonna post spotty, cryptic, posts about your fiancé, and his drug usage, or non-drug usage, or whether he smoked as a teen, and/or smoked on a guys trip...... you should expect comments like his, and mine.

I realize that the whole story is a precursor to your actual question, but I'm sure we could have done with out all the personal info on your hubby. TMI. Then you'd receive less trolling comments.

P.s. This isn't a therapy website, but I hope you get the help you're looking for in regards to your actually question. As I can offer no assistance in that. As for your hubby.... Tell him to drink plenty of water with lemon. Should help clean him out days before the big test, just incase he goes on another guys trip. ;) Good luck!!

I'm with you! :dance::thumbs::thumbs::thumbs::thumbs:

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Filed: K-3 Visa Country: Morocco
Timeline

You should really stop making excuses for your husband and just accept the fact that he is a marijuana user. I work in a detox center and I no that if it was in his urine that he used within 3 days of testing.

As per the norm with a few others you seem to miss the point of the post. "What is the process or procedure to go on from here."

This is the last and only time I will even address such a silly statement. This has always been a place of help and support for people on their "VisaJourney," not a place for abuse, judgement, or ridicule. And thankfully there are still some wonderful people on this site that make it so. And I am ever thankful to them for all their time in helping me, showing genuine concern, and effort they have put into just saying hello, being supportive, or even the littlest of things. But I will indeed this last time... otherwise I would suggest you find a hobby or something else to pass the time if you find it necessary to troll. As a matter of fact, as you stated you worked in a detox cetner, surely you would see the pathology in what you are doing? I would hope. There are actually studies done on people that "troll." There are some fabulous medical journal articles that you might find interesting on the subject.

To address your statement: You are so right. I hope that everyone is fortunate enough to have a husband like mine and be in denial like you say I am. What a beautiful life and blessing. If a person who runs 5 miles a day, coaches little league for free, is an ex-semi pro player who takes care of his body, cares for his whole family and wife, who prays daily, does not drink, won't even take an aspirin (parecetemol for you non-westerners LOL), eats healthy, says please and thank you, and is a humble and beautiful person who would give the shirt off his back to help a stranger............... is what you say! Then sure, ok. I am in denial. Definintely. One mis-step or mistake does not necessarily define a person.

P. S. By the way, my mother who did not "work" in a detox center but actually founded and started them seems to disagree with you on your diagnosis, doctor. And if you were to read the original post you will see there was never any question as to whether there was a positive urine test. Your broad sweeping opinion and outright disrespect would indicate if you were indeed a counselor or work in a detox center, you are certainly not following the norm. First step in being a good counselor, Listen. Don't be quick to judge his needs ... Putting a client at ease requires an empathetic spirit and supportive approach. A rehabilitation counselor ... should be organized and professional in all your dealings, and work well with others in a team-approach strategy to help the patient.

And a few wise words from others, to pass the time: :D

___________________________________________________________

“It is unwise to be too sure of one's own wisdom. It is healthy to be reminded that the strongest might weaken and the wisest might err.”

― Mahatma Gandhi

Freedom is not worth having if it does not include the freedom to make mistakes.”

― Mahatma Gandhi

“To err is human, to forgive, divine.”

― Alexander Pope, An Essay on Criticism

“We should regret our mistakes and learn from them, but never carry them forward into the future with us.”

― L.M. Montgomery

“Have no fear of perfection - you'll never reach it.”

― Salvador Dalí

“We learn from failure, not from success!”

― Bram Stoker, Dracula

“If people refuse to look at you in a new light and they can only see you for what you were, only see you for the mistakes you've made, if they don't realize that you are not your mistakes, then they have to go.”

― Steve Maraboli, Life, the Truth, and Being Free

“I'm afraid that we all make mistakes. One of the things that defines our character is how we handle mistakes. If we lie about having made a mistake, then it can't be corrected and it festers. On the other hand, if we give up just because we made a mistake, even a big mistake, none of us would get far in life.”

― Terry Goodkind, Confessor

“We are all mistaken sometimes; sometimes we do wrong things, things that have bad consequences. But it does not mean we are evil, or that we cannot be trusted ever afterward.”

― Alison Croggon

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Filed: K-1 Visa Country: Jamaica
Timeline

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

Hi Kim,

My name is Kim as well and my fiance's visa was denied last week based on admitting to marijuana use within the year and also testing positive (although nothing was presented to prove that he tested positive). He was also told that we didnt prove this to be a bona fide relationship ( with 100s of photos, yahoo chats, receipts, love notes and 8 visits). I am not sure exactly how to proceed. I have made necessary phone calls, emailed the Embassy and my state representative. I will not give up on my love. We are in this together. You are not alone. At this point, all I can say is BE ENCOURAGED. I will be praying for you. GOD bless you and yours on this journey and fill your lives with miracles, love and blessings.

Kim

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Filed: K-1 Visa Country: Colombia
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People do dumb things all the time, I also think in a country like Morocco the drug laws are not as dumb as they are in the use. In most countries it is no big deal to smoke a joint. There is one question I have for myself. Would he have to go to the civil surgeon to get drug tested every 3 months, this could become costly.

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