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tleex022

Medical and marijuana use

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My fianc√© is in Jamaica and I know he smoked¬†marijuana quite heavily in the past but we both quit when we decided to get married...so the k1 visa process began! Now as I'm browsing this forum I noticed¬†a lot of discussion about 1 yr ban for just admitting drug use! ūüė™ Does every medical in JA include a urine test or blood test or how far back does it go?? I know he's been at least 6 mths smoke free. I wish we knew this at first as it¬†seems like we may have loss lots of $$$! If he can't get the k1 visa can he just apply for a 10yr tourist visa instead? Would he still have to wait the ban out?? ūü§Ē Please reply,¬†non offensive or judgemental comments welcome¬†

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well first of all, if you search "i guess someone yesterday or today posted about smoking weed" and they were about to start visa process. Find that thread. 

 

Secondly, don't lie about the use of any drugs (even if you are drug-free at present).

 

If your k1 visa process is denied then you have the option of Cr1 or re try K1 but it's almost Zero chance he/she will have in tourist visa. (Also somewhere I was reading somewhere few days back Trump is banning the people who come to USA in Nonimmigrant visa and adjusting the status.)

 

Lastly, we at VJ are all about judgement and being brutally honest without any sugar coating because we help each other coz every one of us has been in this chaos and roller coaster.

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A 1 year ban for drug abuse is at the discretion of the CO. Always be 100% truthful to anybody from immigration and on all forms.

 

How far the tests go back is irrelevant.

 

He's unlikely to get a tourist visa after filing for a K-1, but it is possible. That said, even if he did, he cannot stay longer than the duration stamped on his passport at POE...which cannot be longer than 6 months for a B2. He also must only visit the US....if it seems like he is abusing the visa to stay within the US (i.e. frequent extended trips), he will be denied entry and the visa revoked. And most of all, he cannot enter on a tourist visa with the intent marry & adjust status.

Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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I was saying could he get the tourist visa so he can visit while waiting the year ban out. Nobody trying to admittedly break the law...I asked for no judgement as everyone negative about smoking weed like it's crack...but if k1 visa is denied and we apply for CR1 will he have a medical?? Can I just go over n get married n adjust the visa type or do u have to wait this process out first?? 

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5 minutes ago, tleex022 said:

I was saying could he get the tourist visa so he can visit while waiting the year ban out.

He would be unlikely to get a tourist visa for the reasons stated above (immigrant intent + drug use).

 

5 minutes ago, tleex022 said:

Nobody trying to admittedly break the law...I asked for no judgement as everyone negative about smoking weed like it's crack...but if k1 visa is denied and we apply for CR1 will he have a medical?? Can I just go over n get married n adjust the visa type or do u have to wait this process out first?? 

The response was to tell the truth to any questions asked, that the CO makes a decision on the refusal due to drug use, and provided information on getting and using a tourist visa. Nobody even mentioned anything negative about weed in this thread (at least nobody yet).

 

A medical is required for a CR-1 as well, and drug use is treated the same way. You cannot change visa types since they have different underlying petitions (I-129F for a K-1 and I-130 for a CR-1/IR-1). If you were to marry, you would need to start over with an I-130.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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O ok thank u and yes true nothing negative so far but I was saying no judgement for smoking yet still want opinion on situation...guess will just have to see, haven't got interview yet n I'm glad gives him time to make sure it's all out his system...some people say one time use may not cause ban for smoking weed but guess that's still dishonest...Wish could just let the urine specimen speak for itself as I'm pretty sure will be clean

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OP, my husband (then fiance) was given a ban for past ganja use.  Let me give you some information:

1. Yes, they test for drugs in your system at the medical exam.

2. Even if testing clean, you can still receive a ban for past use.

3.  That ban and the length there of is determined by the IO at the interview after review of the medical results.  It is typical to receive a one year ban, however I have read some cases most recently that have received less than one year or even no ban at all.  It really depends on what the medical results are and the IO.  I personally believe the demeanor of the applicant also plays into this.

4.  It is highly unlikely for a Jamaican man to be approved for a tourist visa...especially when there is a fiance in the visiting country.

 

My advice:  Stop smoking.  Be honest in answering all questions.  See how it goes.  One year sounds like forever...believe me it goes by very quickly.  The history is the history.  It will not change just because you apply for a different type of visa.  Continue the K1 process and see how it goes.  This is not a new scenario.  Many overcome it.

You can review my timeline.

Edited by LionessDeon

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18 hours ago, geowrian said:

A 1 year ban for drug abuse is at the discretion of the CO. Always be 100% truthful to anybody from immigration and on all forms.

 

How far the tests go back is irrelevant.

 

He's unlikely to get a tourist visa after filing for a K-1, but it is possible. That said, even if he did, he cannot stay longer than the duration stamped on his passport at POE...which cannot be longer than 6 months for a B2. He also must only visit the US....if it seems like he is abusing the visa to stay within the US (i.e. frequent extended trips), he will be denied entry and the visa revoked. And most of all, he cannot enter on a tourist visa with the intent marry & adjust status.

Actually, it is not at the officer's discretion.  It is based on the panel physician's decision as to whether or not the applicant is a drug/alcohol abuser.  If the physician says he/she is an abuser, then the applicant must be refused under health grounds until it is determined by the panel physicuan (during a subsequent exam) that the abuse is no longer an issue.

 

And, once the ineligibility is found, it would apply to any visas or visa applications.  In other words, if a person has a tourist vIsa already and try to use it after being denied a K-1 for drug abuse, they will be denied entry. If they don't have a visa alreday, one will be denied under the same health ineligiility.

Edited by jan22

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Posted (edited)

I wonder how so many Jamaican reggae artists and other people get their visas?  They don't usually hide their marijuana use.  America is full of Jamaicans and I'm sure enough of them smoke it.  Its part of their culture.  How do they all get in?

Edited by Jenny17655

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On 5/11/2018 at 12:42 PM, Jenny17655 said:

I wonder how so many Jamaican reggae artists and other people get their visas?  They don't usually hide their marijuana use.  America is full of Jamaicans and I'm sure enough of them smoke it.  Its part of their culture.  How do they all get in?

Because of the type of visa they file for they don't require medical exams.

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