K-1 Visa Medical Exam and Past Drug Use

[Lux44 15]

Admitting to any drug use will almost 100% of the time result in a denial of the visa. You'll then be required to do some sort of rehab like program, proving that you are clean. I've read that this program can add anywhere from 1 to 2 years onto the process. After the program you could reapply.

This is just one of the many many things I've read doing my research. Could be different in some degree depending on the country, like everything else.

[HeatDeath 430]

This legal research paper discusses the legalities surrounding revelations of drug use at US immigration medicals, and is remarkably comprehensive and thorough. Read it. Now. I'll wait.

http://www.wolfsdorf.com/Stevenson%20FINAL.pdf

The upshot being that if the physician determines you to currently be "a drug user or drug addict" that is a Class A (deniable) medical condition, and will get your visa application denied. The physician also may determine you to have "a mental disorder" that renders you likely to cause harm to yourself or others. This will also get you denied.

Alternatively, admitting to past drug use while making a convincing case that there is no current drug use could get you labeled as an addict "in remission", which is a Class B condition and they can, in principle, force you to go to rehab in the US as a condition of your AOS.

This matches well with what I've read here of panel physician's treatment of prior drug use in Jamaica, where prior marijuana use is far from unheard of among visa applicants. The current practice (according to a thread I've read here in the last 3 weeks or so) seems to be to fail you, but allow you to reapply in a year. They apparently treat being drug free for a year as a bright-line threshold for determining that no condition of drug use or abuse currently exists. The paper refers to three years being the threshold within which drug use is treated as a deniable condition, but this may have changed recently.

A lot of the advice you're getting here is rather muddled. Having any detectable quantities of anything in your system will virtually certainly get you denied and told to come back in a year. Admitting to any use within the last year (or three) - probably the same. Admitting to any use farther back than that is much more murky - it'll be the physician's discretion that determines whether he thinks a condition of drug abuse or addiction, in remission or not, currently exists.

And of course you know not to even think about lying. If the lie is ever caught you can get deported, even if you've become a US citizen in the meantime. As far as I know there is no statute of limitations on denaturalization and deportation due to material misrepresentation.

Edited July 17, 2013 by HeatDeath

[Andrea&Henry 311]

Admitting to any drug use will almost 100% of the time result in a denial of the visa. You'll then be required to do some sort of rehab like program, proving that you are clean. I've read that this program can add anywhere from 1 to 2 years onto the process. After the program you could reapply.

This is just one of the many many things I've read doing my research. Could be different in some degree depending on the country, like everything else.

i agree with you...everytime somebody come clean with drug use, usually receive some sort of "rehab classes" for at least 2 or 3 years. I read this kind of topic a lor of time. Usually from people who smoked pot during their teenages years. In my case the dr indeed asked me, but I was to "nerd" and never did drugs. The best thing you can do is always tell the truth and hope for the best

[Lux44 15]

Correct, plus from everything I've read they do not test for drugs. They will ask you about it on a questionnaire and perhaps verbally when going over the questionnaire that you fill out. The only time they will test for drugs is if they suspect you are a user.

It's a catch 22 situation, you're screwed for at least a year if you answer yes and if you lie and they somehow find out about it then you're screwed.

To give you an example, a case I read on another site was someone in their 50s who admitted to smoking marijuana 30-40 years ago when he was a teenager and he was denied.

[Smiley-one 13]

I can tell you from my experience when I had my medical exam in Toronto, Ontario the doctor there did not ask me about drug use at all. I do not even recall that question being on the questionaire. But that could have changed by now as my medical was done in 2011. If they ask tell the truth but if they don't ask you don't have to provide that information. Only answer the questions that are being asked of you.

Edited July 17, 2013 by Smiley-one

[loladolly 51]

I will be doing my medical exam in Vancouver with Dr. Cheema and I'm wondering if I will be asked if I have used drugs in the past. The answer would be yes, but it's been a while. I absolutely want to be honest answering any questions.

Does any one know if that question will be asked? If I am asked that, will an honest answer hinder my chances of obtaining a the K-1 Visa? Should I have a drug test done and bring the results with me?

Thanks!

The only question i was asked for my medical was if i had ever been addicted to anything such as alcohol or drug. I wasn't specifically asked if i had ever used drugs. so if you have never had any addiction you shouldn't worry,(like if your drug use was just about trying weed or whatever just one or two time)

[ricnally 258]

Dr. Cheema is a STICKLER.

[Shiobhan 235]

Just tell the truth. I don't know about Canadians but almost all Americans 16 to 60 years old have done one type of drug or another.

Not true...I have never tried, have interest or a follower in doing drugs, back in my teens I had

friends who smoked weed, eventually one turned to cain snorting,(I dropped her) today she has

been thru rehab 4 times I understand , and 6 mths ago she had a massive stroke....NOT every

USC have taken drugs, recently I read an article that Canadian youths do the most drugs after

an international survey (I don't know if its true)

[derrick0526 0]

I will be doing my medical exam in Vancouver with Dr. Cheema and I'm wondering if I will be asked if I have used drugs in the past. The answer would be yes, but it's been a while. I absolutely want to be honest answering any questions.

Does any one know if that question will be asked? If I am asked that, will an honest answer hinder my chances of obtaining a the K-1 Visa? Should I have a drug test done and bring the results with me?

Thanks!

If you have not done drugs in a long time just say no. It will cause you problems if you tell them yes even if its been a long time.This process is hard enough so no need to make it even harder.

[NikLR 13,220]

I had to fill out this two form at my medical:

But that was in Montreal and he didn't ask me any other questions. He did look at the scars on my arms due to work injuries and question them however. I explained exactly how I got them, I've never self mutilated. But if I had, or had a history of major depression (other than my PPD - 10 years ago -) I would have obtained a document from my normal doctor stating I was of sound body and mind, even going so far as to get the same from a psychologist or psychiatrist.

Edited July 17, 2013 by NikiR

[baron555 934]

I will be doing my medical exam in Vancouver with Dr. Cheema and I'm wondering if I will be asked if I have used drugs in the past. The answer would be yes, but it's been a while. I absolutely want to be honest answering any questions.

Does any one know if that question will be asked? If I am asked that, will an honest answer hinder my chances of obtaining a the K-1 Visa? Should I have a drug test done and bring the results with me?

Thanks!

Answering as you intend has had negative results for many folks. Consider the intent of the question and whether you fit that exact profile it is intended to vet out.

Many of us were in college once and are not drug users now.

[Andrea&Henry 311]

If the dr doesnt ask you dont say anything. And "drug abuse" or "addiction to drugs" is WAY different from tried it once or 2.

[DJ&L 83]

There is no reason to admit past drug use. It might make you feel good for telling the truth but it's no benefit to your visa chances.

[MrsParker 13]

This is horrible misinformation and advice. OP please ignore.

First off, the beneficiary is the OP, as he/she is asking about his/her upcoming medical exam that will occur before the interview. The OP is not the petitioner. USCIS only does a background check on the petitioner, not the beneficiary.

Furthermore, the OP should never lie, whether it is in response to questions asked in the medical or on forms. So if they specifically want to know about past drug use, you WILL HAVE TO ANSWER TRUTHFULLY. However, you should explain the nature of the drug use and when it was and offer how long you have been clean.

As far as whether or not this affects your passing the medical, I am not certain, but my guess is that it won't as long as you come clean. But others with more knowledge on the subject can chime in on that.

Please...What does OP stand for?

[joevegas 67]

Some things are better left unsaid,but if you feel its nessesery to share this information go right ahead:)