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Posted

Hello All,

 

This is the first time I post here, I've been reading the forum for quite some time now. As we all have the same goal and are here to help each other I would like to seek for your opinion and information regarding my case. We haven't started the K1 process yet, but we intend to do it soon. 

 

I am from Bulgaria and I've been smoking marijuana for the past 2 years [it's illegal in my country but police don't care]. As I recently got engadged I started reading about the K1 visa process. I've read topics on failed medical tests due to marijuana use. Correct me if I am wrong, but to my understanding if the test is marijuana positive, I would get a 1 year ban and we would need to restart the K1 visa application process after they lift off the ban.

 

My questions are the following:

How much time would I need to take it out of my system? Is it a blood test or other? According to what I found online some tests may show THC positive if I smoked within the past 6 months, others may have a larger scope [e.g. 2 years].

I am not going to smoke anymore and I believe that I have enough time to get it out of my system until the interview date. However what concerns me most is how should I reply to the question on the application "Have you used drugs?". I want to be honest and not lie about it. I want to tell them that I used to smoke before but I quit some time ago and I do not intend to start again. I know that they will require me to go to a psychologist because I answered "YES", but I feel like this is the right way to do it.


My husband-to-be thinks that I should not raise their attention on that and just answer with "NO". He said that the medical will not show that I smoked weed unless I smoked 2 months prior of the medical test date. What's your opinion about that?

 

 

Thank you for your help!

Filed: K-1 Visa Country: India
Timeline
Posted

Wvail - Hello and welcome.

 

First, let me say that almost every thread I've seen on this topic has gotten somewhat nasty, so I'll try to refrain and keep it objective.

 

Next, this issue has come up a lot on VJ. I would encourage you to search through the site. I'm not being rude, but you'll get a better perspective as people have dealt with this issue through many different embassies throughout the world. This will give you a cross-section of how this has been handled from the various embassies.

 

Heres one thread: 

 

 

My understanding is this...while some embassies may handle this issue differently, the general theme is for them to ask you about drug usage during the medical exam. THEN, if you say yes, they will ask when and issue a drug exam. The existence of drugs or admittance to use in the past year will prevent your approval...many refer to it as a one year ban...meaning you can reapply after one year.

 

If anyone has any EXPERIENCE to the contrary, please let Wvail and all of us know. Thanks!

 

pa·tient  - able to accept or tolerate delays, problems, or suffering without becoming annoyed or anxious.

Posted

ALWAYS tell the truth.  Drug tests now a days can detect THC in the blood or hair follicles for months if not years.  

 

If you answer "no" and they detect any THC, you risk being permanently banned from ever being approved for a visa.  I would always simply be honest.  If you answer "yes" and they find a small amount they may understand as marijuana is actually legal in some states now.  Remember your interview is with a US CO and they are concerned more about the US laws than the local ones.  

 

I would stop smoking ASAP to get as clean as possible but I would also answer the question honestly.  I think if you do that you have the best possible chance of being approved.

 

Good luck and let us know how it goes.  I'm pretty sure that the current testing will be able to detect small amounts for 6 months to a year.  The testing should be standardized no matter what country you are coming from.  Just be confident and honest.  

PHILIPPINES ONLY!!!  CFO (Commission on Filipinos Overseas) INFO - Can't leave home without it!

 

PDOS (Pre-Departure Registration and Orientation Seminar) is for ages 20-59.  Peer Counseling is for 13-19 years of age.

It is required to have the visa in their passport for PDOS and Peer Counseling.

 

GCP (Guidance and Counseling Program) is for K-1 Fiancee and IR/CR-1 spouse ONLY. 

 

 

IMG_5168.jpeg

Posted
22 minutes ago, wvail95bml said:

Hello All,

 

This is the first time I post here, I've been reading the forum for quite some time now. As we all have the same goal and are here to help each other I would like to seek for your opinion and information regarding my case. We haven't started the K1 process yet, but we intend to do it soon. 

 

I am from Bulgaria and I've been smoking marijuana for the past 2 years [it's illegal in my country but police don't care]. As I recently got engadged I started reading about the K1 visa process. I've read topics on failed medical tests due to marijuana use. Correct me if I am wrong, but to my understanding if the test is marijuana positive, I would get a 1 year ban and we would need to restart the K1 visa application process after they lift off the ban.

 

My questions are the following:

How much time would I need to take it out of my system? Is it a blood test or other? According to what I found online some tests may show THC positive if I smoked within the past 6 months, others may have a larger scope [e.g. 2 years].

I am not going to smoke anymore and I believe that I have enough time to get it out of my system until the interview date. However what concerns me most is how should I reply to the question on the application "Have you used drugs?". I want to be honest and not lie about it. I want to tell them that I used to smoke before but I quit some time ago and I do not intend to start again. I know that they will require me to go to a psychologist because I answered "YES", but I feel like this is the right way to do it.


My husband-to-be thinks that I should not raise their attention on that and just answer with "NO". He said that the medical will not show that I smoked weed unless I smoked 2 months prior of the medical test date. What's your opinion about that?

 

 

Thank you for your help!

It's also illegal in the USA as per Federal Law.  And that's the law that pertains to marijuana/illegal drug use and immigration.

You must answer honestly.  "Yes, I have used marijuana and I quit 6 months ago."  But that must be the truth because when you are tested and it shows up you will have lied and you will face much more severe scrutiny because you lied.    If you follow your husband-to-be suggestion and lie it might be discovered some other way and then you will be in real trouble.  ALWAYS TELL THE TRUTH!  Even if it hurts.

Posted (edited)
13 minutes ago, David & Zoila said:

It's also illegal in the USA as per Federal Law.  And that's the law that pertains to marijuana/illegal drug use and immigration.

You must answer honestly.  "Yes, I have used marijuana and I quit 6 months ago."  But that must be the truth because when you are tested and it shows up you will have lied and you will face much more severe scrutiny because you lied.    If you follow your husband-to-be suggestion and lie it might be discovered some other way and then you will be in real trouble.  ALWAYS TELL THE TRUTH!  Even if it hurts.

This is very true!!!  While legal in 8 states, federally it is still illegal.  I agree that honesty is the best policy.  The only change I would make is I would answer the question "Yes, I have used marijuana".  If they ask additional questions on when, I would simply answer the question without offering additional information.  I guess that comes from my days of being deposed for various lawsuits.  Always ONLY answer the question asked.  NEVER offer additional information that was not asked for.  Be honest and only answer what is asked.  The CO's are well trained and being too rehearsed may be a red flag.  They will get all the info they need.  That is what they do.  

 

The OP should simply relax and answer the questions, and only what is asked, honestly.

Edited by John & Rose

PHILIPPINES ONLY!!!  CFO (Commission on Filipinos Overseas) INFO - Can't leave home without it!

 

PDOS (Pre-Departure Registration and Orientation Seminar) is for ages 20-59.  Peer Counseling is for 13-19 years of age.

It is required to have the visa in their passport for PDOS and Peer Counseling.

 

GCP (Guidance and Counseling Program) is for K-1 Fiancee and IR/CR-1 spouse ONLY. 

 

 

IMG_5168.jpeg

Filed: Country:
Timeline
Posted

just stop smoking today and be honest at the interview about past use. consider going to an out patient treatment to show you are committed to staying clean. 

 

the next few days will be tough with withdrawal but remember if you want to move to the us and live with your future spouse this is what the us government requires of you.

 

trying to cut it close by smoking it and then doing a detox regiment is not worth the risk since they can always ask for a hair sample and that will show anything you have done from the time that piece of hair was grown. and trying to explain why smoking weed was more important than moving to your fiance if you fail the medical is not a conservation you want to have.

 

good luck and stay strong.

Filed: K-1 Visa Country: United Kingdom
Timeline
Posted

100% do not lie on your immigration forms. Ever. It's not worth it.

 

I would also maybe consider waiting a little longer to even start the entire process. All of us going through this know how much money it costs and the amount of stress the waiting will put you under. If chances are you will be made to re-apply in a years time anyway, I would save yourself the $535 and wait a little longer.

K1 & K2 Visa 

 

18th April 2017: I-129f sent

21st April 2017: NOA1 Received Date

25th April 2017: NOA1 Notice Date

26th April 2017: NOA1 text confirmation

2nd May 2017: NOA1 hardcopy

7th September 2017: NOA2 Approval date

21st September 2017: NVC Received
21st September 2017: NVC Case # Received

27th September 2017: Left NVC
27th September 2017: Case Ready

4th October 2017: Medical

12th October 2017: Interview

24th October 2017: Visas in Hand

27th October 2017: POE

16th December 2017: Wedding Day

Posted
1 minute ago, f f said:

just stop smoking today and be honest at the interview about past use. consider going to an out patient treatment to show you are committed to staying clean. 

 

the next few days will be tough with withdrawal but remember if you want to move to the us and live with your future spouse this is what the us government requires of you.

 

trying to cut it close by smoking it and then doing a detox regiment is not worth the risk since they can always ask for a hair sample and that will show anything you have done from the time that piece of hair was grown. and trying to explain why smoking weed was more important than moving to your fiance if you fail the medical is not a conservation you want to have.

 

good luck and stay strong.

Great point!!!  The withdrawal symptoms can be mentally nasty.  I remember depression and generally feeling mentally and physically drained.  That on top of the stress of the visa process will be very difficult.  

 

OP,  please come back here whenever you feel you need some support.  It will be tough but the withdrawals symptoms are much quicker than getting a visa!!!!  Good luck and stay strong.

PHILIPPINES ONLY!!!  CFO (Commission on Filipinos Overseas) INFO - Can't leave home without it!

 

PDOS (Pre-Departure Registration and Orientation Seminar) is for ages 20-59.  Peer Counseling is for 13-19 years of age.

It is required to have the visa in their passport for PDOS and Peer Counseling.

 

GCP (Guidance and Counseling Program) is for K-1 Fiancee and IR/CR-1 spouse ONLY. 

 

 

IMG_5168.jpeg

Posted

You need to stop. 

 

But you cannot lie because they ask you if you have ever used drugs. Then they do the tests regardless of your answer.

 

I think you will get the 1 year ban regardless of whether you stop smoking or not. Just the fact that you smoke, and regularly, it is a huge red flag in medical. 

 

Marihuana gets stored in your fat for months. That is why people who smoke smell pretty bad when they sweat, because they burn fat and it releases a bad smell. (Yeah, it is a bit more technical than that, but that is the summary version.)

 

 

 

Posted
8 minutes ago, John & Rose said:

This is very true!!!  While legal in 8 states, federally it is still illegal.  I agree that honesty is the best policy.  The only change I would make is I would answer the question "Yes, I have used marijuana".  If they ask additional questions on when, I would simply answer the question without offering additional information.  I guess that comes from my days of being deposed for various lawsuits.  Always ONLY answer the question asked.  NEVER offer additional information that was not asked for.  Be honest and only answer what is asked.  The CO's are well trained and being too rehearsed may be a red flag.  They will get all the info they need.  That is what they do.  

 

The OP should simply relax and answer the questions, and only what is asked, honestly.

 

Yes you are correct.  I guess I didn't explain myself.  What I meant was when asked if you used any illegal drugs you must answer YES.  Then when you are asked at your medical  if you were to say "I stopped 6 months ago" and they do the drug screen and it turns out you smoked less than 2 weeks ago (and trust me, they have tests that can prove you smoked more recently than 6 months ago)...you will have lied and the result of that lie will be far more serious than the admitted marijuana usage.  I do agree...don't offer up additional information.  Answer the questions, and answer HONESTLY.

Posted

As above - it's a Federal deal.

 

I live in Colorado which was one of the first states to legalize Marijuana for recreational use. Everyone does it here. 

 

However, when I got offered my new job and had to take a drug test, which I passed as I don't smoke it.

 

So the TLDR; just because it's legal in some states, it's still illegal on a federal level. Basically, stop smoking now and be honest.

Filed: Lift. Cond. (apr) Country: China
Timeline
Posted

***Since enough proper answers have been given; this thread is now closed to additional discussion under the no fraud provision of the TOS.  Do not restart this thread.***

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March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
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