Denied

[Pinkrlion 2,607]

My Jamaican fiance was denied a visa because the doctor said he is "addicted to marijuana". Ok, first of all, this isn't even possible. Second, he was honest and said that he had used in the past but gave it up. Was the next guy in line an alcoholic? Was he DENIED??? Come on. #######???? He was given a one year ban. We are both completely heart broken. I am going to see an immigration attorney tomorrow. Thank you for reading this. It has become all encompassing since it happened a couple of weeks ago.

The reason why he got the ban was based on his reason why he gave it up. If he said he gave it up to immigrate, then he was given the ban.

[LionessDeon 2,060]

It does very much vary country to country. It depends on how long you've said you smoked marijuana and how frequent. I've never known the Jamaican embassy to require a random drug testing throughout the ban. So if they didn't say anything at his interview then it probably is not going to be required.

OP, Feel free to PM me if you have any other questions! Good Luck!

[Nakia1love 11]

Thank you all. Is there a support group somewhere for this?? They didn't say that he needed to do anything further, but I cut them off. I got very emotional when they gave us the news and ran away. (Maybe a little dramatic, but I am a very emotional person.) I have been going over there about once every 6 weeks and spending 2 weeks. I just can't continue to do that. As much as it sucks being apart, we do need to save money for when they ARE able to get here. I wonder if I should email the embassy and ask what our next step is? Thank you for all of your help.

[LionessDeon 2,060]

Thank you all. Is there a support group somewhere for this?? They didn't say that he needed to do anything further, but I cut them off. I got very emotional when they gave us the news and ran away. (Maybe a little dramatic, but I am a very emotional person.) I have been going over there about once every 6 weeks and spending 2 weeks. I just can't continue to do that. As much as it sucks being apart, we do need to save money for when they ARE able to get here. I wonder if I should email the embassy and ask what our next step is? Thank you for all of your help.

Friend, your next step is to wait out the one year ban! I would give it a few months and you can email them and ask them for the eligibility date that will be the date that you can redo the medical.

As I said if you need any further advice I'm here.

[LionessDeon 2,060]

http://www.visajourney.com/forums/topic/602600-psychiatric-referral-after-medical/?fromsearch=1

http://www.visajourney.com/forums/index.php?app=core&module=search&section=search&do=search&fromsearch=1

Here, I entered your topic in the search tool. here are some threads that you can read maybe that will help you understand more clearly and feel little bit better. Read and research. Coming to a better understanding of the situation and how it works will help.

As I said everything happens for a reason. take this time to build a stronger relationship. Of course you may not be able to visit so often. The longest we went without a visit was 9 months. If it's true love you'll get through it!

Edited October 16, 2016 by LionessDeon

[alicia98981 128]

My husband was denied his K-1 for the same reason about 2 years ago. We were told he had to submit to quarterly drug tests for a year, after which he would be issued a visa once he completed all 4 drug tests. Prior history showed this was the case in similar other cases I search though most were for family members. We did this for a year, and as soon as he finished, he contacted the embassy. They called me to inform me that they had spoken to him and told him his petition had expired and he would not be issued a visa! Furthermore they stated that they would not issue him a visa unless he and I married since he had already been denied a k-1 which is why we are doing a CR-1 now. Conviently, after I spoke to the State Department, I got the notice in the mall that our petition had expired.

my thoughts to you is to do the mandatory drug test, go ahead and get married, and apply for the CR-1 since it takes about a year anyway while you're waiting. The rumors about extending the validity of a petition are not true as we tried that too AND I quoted the FAM verbatim to the consular officer while on the phone with to which he refused to acknowledge.

The other thing - and I tell you this from experience - don't waste your time complaining to VJ about it because most people will not be sympathetic when it involves drugs, even marijuana. Many will use the opportunity to tear you and your relationship down and take every argument you make as an excuse to pick a fight with you about it. Furthermore, if you attack them in the way that will attack your relationship, moderators will defend said attackers, delete your comments, and close your thread. I was even banned for a few days for defending my thread when those who had nothing positive to say attacked me and my thread.

Unfortunately your fiance has had a bump in the road towards his reunification with you, by his own making. You'll just have to accept it and move forward by preparing for the next step which is waiting out the year long ban which will either strengthen your relationship as it did ours -though not without some storms over the the ban and what led to it - or break you. Take this time to truly get to know your fiance better and spend it to prepare even more for his eventual arrival.

[LionessDeon 2,060]

My husband was denied his K-1 for the same reason about 2 years ago. We were told he had to submit to quarterly drug tests for a year, after which he would be issued a visa once he completed all 4 drug tests. Prior history showed this was the case in similar other cases I search though most were for family members. We did this for a year, and as soon as he finished, he contacted the embassy. They called me to inform me that they had spoken to him and told him his petition had expired and he would not be issued a visa! Furthermore they stated that they would not issue him a visa unless he and I married since he had already been denied a k-1 which is why we are doing a CR-1 now. Conviently, after I spoke to the State Department, I got the notice in the mall that our petition had expired.

my thoughts to you is to do the mandatory drug test, go ahead and get married, and apply for the CR-1 since it takes about a year anyway while you're waiting. The rumors about extending the validity of a petition are not true as we tried that too AND I quoted the FAM verbatim to the consular officer while on the phone with to which he refused to acknowledge.

The other thing - and I tell you this from experience - don't waste your time complaining to VJ about it because most people will not be sympathetic when it involves drugs, even marijuana. Many will use the opportunity to tear you and your relationship down and take every argument you make as an excuse to pick a fight with you about it. Furthermore, if you attack them in the way that will attack your relationship, moderators will defend said attackers, delete your comments, and close your thread. I was even banned for a few days for defending my thread when those who had nothing positive to say attacked me and my thread.

Unfortunately your fiance has had a bump in the road towards his reunification with you, by his own making. You'll just have to accept it and move forward by preparing for the next step which is waiting out the year long ban which will either strengthen your relationship as it did ours -though not without some storms over the the ban and what led to it - or break you. Take this time to truly get to know your fiance better and spend it to prepare even more for his eventual arrival. This is all you can do for now!

This is not at all how the Kingston embassy in Jamaica works.

OP: be be advised that the JA embassy will keep your petition open, and all you must do from here is wait out the one year ban and then redo the medical. If you marry, you will have to start all over with new paperwork and more fees. And even then he may still incur a one year ban at that CR1 interview point. Just stay your course!!

Other VJers personal opinion about your situation and relationship do not matter and are a non factor. I have personal experience with this same issue, from the very same embassy. Most VJers that have been here giving advice cut to the chase, point blank. They don't do it to be mean or rude. They do it to give you the cold hard, reality facts. Many don't like to hear it.

You will get through this. Time will fly believe me!

[IcezMan_IcezLady 582]

This is not at all how the Kingston embassy in Jamaica works.

OP: be be advised that the JA embassy will keep your petition open, and all you must do from here is wait out the one year ban and then redo the medical. If you marry, you will have to start all over with new paperwork and more fees. And even then he may still incur a one year ban at that CR1 interview point. Just stay your course!!

Other VJers personal opinion about your situation and relationship do not matter and are a non factor. I have personal experience with this same issue, from the very same embassy. Most VJers that have been here giving advice cut to the chase, point blank. They don't do it to be mean or rude. They do it to give you the cold hard, reality facts. Many don't like to hear it.

You will get through this. Time will fly believe me!

Can all the other folks with experience from different embassy just keep quiet and let someone who has dealt with this embassy talk?

LionessDeon, you've done your best to educate folks..Hopefully, OP takes your advice.

Edited October 17, 2016 by IcezMan_IcezLady

[LionessDeon 2,060]

Can all the other folks with experience from different embassy just keep quiet and let someone who has dealt with this embassy talk?

LionessDeon, you've done your best to educate folks..Hopefully, OP takes your advice.

thank you Icez!

Yes, you're right! I've said all I can say. The OP can PM if she needs anything further.

[Beth & Achraf 328]

That is so insanely bogus, really.... addicted to marijuana....that's just....ARGH!! What a joke. I've read various reasons for bans/denials on VJ and that is by way the most absurd one I've seen yet. So sorry.

I really hope an attorney can help you. It's extremely unfair that they punished you both for his honesty. I don't know if you can overcome the K-1 with such a ban, you might have to go the spouse visa route. Hope someone who has experience in this situation can help you out here so you can get through this.

Its not insane, a friend of mine, her fiancé' tried something like marijuana ONE time, he admitted to it at interview, and was banned for 1 year. A year later and random drug test, he was allowed his K1 VISA. This was the US Consulate in Cairo, Egypt.

Edited October 17, 2016 by Beth & Achraf

[Jon&Margz 132]

_{This is not at all how the Kingston embassy in Jamaica works.}

_{OP: be be advised that the JA embassy will keep your petition open, and all you must do from here is wait out the one year ban and then redo the medical. If you marry, you will have to start all over with new paperwork and more fees. And even then he may still incur a one year ban at that CR1 interview point. Just stay your course!!}

_{Other VJers personal opinion about your situation and relationship do not matter and are a non factor. I have personal experience with this same issue, from the very same embassy.}

--------------------

+1000 This is the value of VJ. Real people sharing real experiences - helping others. Lionness for President (can't be worse than the current "options")

[Jawaree 717]

A one yr ban is the norm in Jamaica, however I dont know why he would be classified as addicted to marijuana

that must be based on his answers if thats what the report stated. A yr will go by swiiftly be thankful its not 3 yrs

ban as it use to be.

He will need a new medical also police cert if the one he has is expired, in 10 mths time request an interview date

and he'll get instructions to follow, by the time he gathers everything it'll be a yr......You dont need an atty

OP stay on this path your petition stays live. to get marry will cause you more delays & money & the weed still

would be addressed in the form of a restart ban for that petition of CR1....visit you fiance have some fun then

go back & allow things to flow smoothly, he needs to stay away fron areas & ppl who are smoking

Edited October 17, 2016 by Jawaree

[LionessDeon 2,060]

_{This is not at all how the Kingston embassy in Jamaica works.}

_{OP: be be advised that the JA embassy will keep your petition open, and all you must do from here is wait out the one year ban and then redo the medical. If you marry, you will have to start all over with new paperwork and more fees. And even then he may still incur a one year ban at that CR1 interview point. Just stay your course!!}

_{Other VJers personal opinion about your situation and relationship do not matter and are a non factor. I have personal experience with this same issue, from the very same embassy.}

--------------------

+1000 This is the value of VJ. Real people sharing real experiences - helping others. Lionness for President (can't be worse than the current "options")

LOLOL

Thank you! I would love to be an immigration advisor for sure!

When me and my husband went through all this in 2014 & 2015, I didn't want to tell anyone and was worried what others would think. But I need help so I posted, read, researched and took advice from more senior VJ members from JA. I made the decision that if I had to go through this at least maybe my story and experience could help others. VJ has been a wonderful support for me. You guys are my support group!

In fact, there is a VJ member who interviewed the same day as my then fiance back in 2014. She got approved. He was denied. I sent them pictures of each other and they met at the embassy. We visited her here in USA after he arrived. She is now one of my best friends. VJ is the best!

[millefleur 5,037]

Its not insane, a friend of mine, her fiancé' tried something like marijuana ONE time, he admitted to it at interview, and was banned for 1 year. A year later and random drug test, he was allowed his K1 VISA. This was the US Consulate in Cairo, Egypt.

But do they ban them under the principle of law or under the principle of health? If they said: "You committed a crime" ok I get that and it's logical and against federal law, but the OP said it was for "addiction" which is a joke if in reality it's because of a legal/criminal reason. That was my beef with it, why can't they be honest about the ban instead of masking it as a health problem.

And sorry for getting off topic here, but let's be real, you think Hillary Clinton or any other liberal 60s flower child-turned-politican never smoked pot when they was younger? Sometimes it's just the double standards in US society that get under my skin. But yes, I get it, federal law is the law but again....but calling it "addiction," come on. I get the OP's anger about that.

Sorry OP for invading your thread. I hope everything will work out for you guys in the end!! It's good to know you've got company here on VJ who can help you get through it all!

[LionessDeon 2,060]

But do they ban them under the principle of law or under the principle of health? If they said: "You committed a crime" ok I get that and it's logical and against federal law, but the OP said it was for "addiction" which is a joke if in reality it's because of a legal/criminal reason. That was my beef with it, why can't they be honest about the ban instead of masking it as a health problem.

And sorry for getting off topic here, but let's be real, you think Hillary Clinton or any other liberal 60s flower child-turned-politican never smoked pot when they was younger? Sometimes it's just the double standards in US society that get under my skin. But yes, I get it, federal law is the law but again....but calling it "addiction," come on. I get the OP's anger about that.

Sorry OP for invading your thread. I hope everything will work out for you guys in the end!! It's good to know you've got company here on VJ who can help you get through it all!

What you have to take into consideration is the country, the consulate, and US federal law and immigration. This is not a double standard. This is the law. Alcohol is not a federally illegal substance. comparing the 2 is like comparing apples to oranges.

There are 2 categories that determine your outcome. Which category you are put into depends on what you tell the doctor at the time of your interview and what he observes during the exam.

Class A drug abuser = Ban

Class B - one time or extremely limited use OR has served ban with no positive tests on current drug testing therefore no longer inadmissible.

Now this is my synopsis from the information I was given from medical and embassy, but you get the point. OP should feel lucky they didn't require a psych visit. That's more money and running around.

Edited October 17, 2016 by LionessDeon