Jamaica: denied I-601 and 1-212 (k1-visa pending)

[Therealworld 90]

please waste no more time with long paragraphs or quotes it is not necessary. I am speaking on a friend that went through this and is still here.  As a matter of fact an immigration judge allowed him to continue living here, but with no status.  So he was in possession is all I am saying.  Have a great day!

[LionessDeon 2,060]

 

3 hours ago, babygurl said:

All I am saying is that I knew someone at the level of no status that was arrested and went through the courts and they dismissed the case.  He could have been deported again he had no status.  This is Massachusetts. I cannot vouch for any place else

 

3 hours ago, babygurl said:

please waste no more time with long paragraphs or quotes it is not necessary. I am speaking on a friend that went through this and is still here.  As a matter of fact an immigration judge allowed him to continue living here, but with no status.  So he was in possession is all I am saying.  Have a great day!

The information or second hand story you are sharing does not relate to the OP situation and is not helpful.

This particular beneficiary is not in the USA, does not have a visa, and does have any immigration status as yet with the USA.  When you comment with unuseful/unrelatable info it can confuse the OP.  

[Therealworld 90]

25 minutes ago, LionessDeon said:

 

 

The information or second hand story you are sharing does not relate to the OP situation and is not helpful.

This particular beneficiary is not in the USA, does not have a visa, and does have any immigration status as yet with the USA.  When you comment with unuseful/unrelatable info it can confuse the OP.  

That is why I am done with the posts. Have a great day hun

[Enomik 0]

Good morning members:

All your responses are appreciated. The member's that went off topic please respond only to the questions I asked in my initial post. He was told to schedule another interview with the US Embassy in Jamaica. Hopefully in the next 2 months or so I can provide an update. Thanks again for all the useful insights.

 

Enomik.

 

[NAT2016 18]

On 1/19/2017 at 11:49 AM, Enomik said:

Hello: 

I am a us citizen. Met my fiancé 4 years ago. Applied for a K1 visa for him to leave Jamaica in Nov2015. He had a tourist visa and overstayed on it. He tried to renter the the US in 2015 and was deported and told to file a 212 for permission to re-enter the US. At his first counsular interview in Jamaica for the k1- visa, they told him to file the 1-601 and the I-212 (we filed them). He went in for a second interview where he was told that he failed the initial psychological assessment because he admitted to smoking marijuana recreationally, he was instructed to do a second medical, now a year later. Medical was done but the ceac website has the k1 -visa status as "transferring in progress". The final decision was made on the I-601 and I-212 as "Denied" for overstaying and for drug abuse. The Jamaican US counsulate called him to schedule another interview again for the K1-visa. If USCIS denied the 601& 212 can the Jamaican consulate still issue the K1 visa?

 

note: the I-601 for waiver of grounds of inadmissiblility was filed because of an arrest he had in the US (domestic violence charge) and was ordered by the judge to remain in the US until the trial was over. He was acquitted. All the documents were sent in. He smoked marijuana twice a day for years and stopped 3 months before both medical. 

 

All i want to know is regardless of the circumstance if uscis denies the 601 and 212 for an overstay of more than 180 and for being a drug addict or abuser can the pending K1-visa still be issued? And if so how come and what other options I might have?

If the domestic violence charge was dismissed then the waivers he needs to get are for drug abuse, which requires a medical and drug screening test, and for overstay.  The deportation ban is 5 years and overstay ban is 3-10yrs.  Since both waiver and I-212 were denied by CIS, the K-1 visa will be denied.  The approved K-1 petition will expire and the Consulate will return the packet to NVC then to CIS.  You can repetition him right away or, wait till those bans expire except drug abuse.