K1 Background checks? Marijuana use?

[Unlockable 7,306]

 

2 hours ago, Misspeggy said:

if he stop consuming marihuana then the test would be negative, and that's what matters, so he will not be a marihuana user at that time, and that's what really matters. Just skip obvious things that are not that important like everyone in real life would do.

Not true and bad advice. They will go through his history of drug use. A person can still get denied if they have used in the pass but pass the drug test. Do a search on here. There are many cases where people's significant other was banned even if they haven't done drugs in years. It actually is not skipped over.

Edited October 19, 2017 by NuestraUnion

[Marlz1844 36]

2 hours ago, NuestraUnion said:

 

Actually it is not ridiculous. Your fiance is trying to hide it by "cleaning" his system now. So quite honestly he is being deceitful. If a drug test was not part of the process then he would continue using it. Saying that it is ridiculous is not seeing the big picture. A person with a history of drug use will likely continue to use it.

 

Getting caught lying will result in a permanent ban. Why can't he take responsibility of his actions and tell the truth. He actually may not get a ban.

You’re making assumptions and being judgemental.

 

He has always wanted to stop. This is added pressure and an incentive to stop. 

 

He’s making the necessary steps to stay clean. I’m not sure how that equates to him being deceitful.

 

Once people hear drugs, like you did, you assume someone is an addicted. I’ve used marijuana before, does that make me an addict? Be careful of making unnecessary assumptions.

 

No where did I mention that he is planning to lie. Part of taking responsibility is stopping and taking the necessary step to stay clean, which is what he’s doing. 

 

 

Edited October 19, 2017 by Marlz1844
Corrections

[Crazy Cat 39,665]

13 minutes ago, Marlz1844 said:

You’re making assumptions and being judgemental.

Not true.  It is a FACT that many, if not most people who were habitual users for years don't just stop using.  Even after treatment, there is a high rate of recurrence.   Therefore,  applicants who have a history of drug use usually have to undergo treatment before being allowed to immigrate to the US.  That's why the one year ban happens.

Other posters are just trying to tell you to prepare yourself for the delay.

[Ahsan A Syed 1]

Hello, don't confuse yourself and stressing over things beyond your control. Your information is broken up into other answers so I can't really analyse and judge precisely. 

 

However, try to find out when was the last time he was on it honestly.

 

Than your concern would be to see if he can detox himself before the medical examination. 

 

The ban is only possible if the medical evaluation recommends the ban due to drug use. If the medical evaluation comes out clean of drugs meaning HE DOES NOT SHOW ANY SIGN of being on drugs currently and the doctor dong think he will go back to usingit than he won't have to go through the ban.

 

I always tell people with drug history to demonstrate that you are no longer on drugs and that you can physically, mentally and professionally support yourself. 

 

Even if you have drug history and you are not on it and you can demonstrate you are straight forward carrying yourself right as a good character role model you are giving them an opportunity to assess the good over bad. You should retain a lawyer though. 

 

Even though immigration is straight forward do it yourself thing nowadays but in your case where their is a possibility of a ban you should consider seeking expertise of of a legal lawyer in carrying out your case and demonstrating good over bad.

 

I hope I have answered most of your concerns.

Ahsan A Syed

[Unlockable 7,306]

50 minutes ago, Marlz1844 said:

You’re making assumptions and being judgemental.

 

He has always wanted to stop. This is added pressure and an incentive to stop. 

 

He’s making the necessary steps to stay clean. I’m not sure how that equates to him being deceitful.

 

Once people hear drugs, like you did, you assume someone is an addicted. I’ve used marijuana before, does that make me an addict? Be careful of making unnecessary assumptions.

 

No where did I mention that he is planning to lie. Part of taking responsibility is stopping and taking the necessary step to stay clean, which is what he’s doing. 

 

 

Not being judgmental at all. Nowhere in any of my post did I use the word "addict". A person can use it occasionally and not be an addict. But you have to understand that the US has a zero tolerance for drugs. There are young people who were caught with small amounts of drugs who were sentenced to years of jail time. Is it fair? Maybe not. But that is the law.

 

Using for a short period of time with every intention to stop  is still a history of use. It is a crappy deal for many but it is what you should be aware of. That is the very reason you are on here. To find out the risk. It would be wrong of us to tell you there is nothing to worry about. Don't take it as an attack on you or your fiance but use it as a way to educate yourself on it so you can be prepared.

 

There is a long time member and contributor of visajourney, @LionessDeon whose husband completed the one year ban. They also went through the Jamaican embassy. But they overcame it. It is not the end of the world. Hopefully she will chime in.

 

I did a search for you on topics discussing what happens if a person has a history of drug use. Here are a few threads.

 

 

 

Good luck.

 

 

 

Edited October 19, 2017 by NuestraUnion

[geowrian 22,336]

6 hours ago, Misspeggy said:

if he stop consuming marihuana then the test would be negative, and that's what matters, so he will not be a marihuana user at that time, and that's what really matters. Just skip obvious things that are not that important like everyone in real life would do.

Being a current user isn't the only thing that matters for eligibility for the visa. They consider the drug use history as well. There's a lot of threads of people who have passed the actual drug test at the medical and received a ban for drug use.

 

2 hours ago, Marlz1844 said:

Once people hear drugs, like you did, you assume someone is an addicted. I’ve used marijuana before, does that make me an addict? Be careful of making unnecessary assumptions.

I don't think anybody here said or implied he is addicted. Just that he was a regular user (as you stated), and how that past use may be evaluated.

Edited October 19, 2017 by geowrian

[Dutchster 1,106]

7 hours ago, Misspeggy said:

if he stop consuming marihuana then the test would be negative, and that's what matters, so he will not be a marihuana user at that time, and that's what really matters. Just skip obvious things that are not that important like everyone in real life would do.

I'm going all Shia Lebeouf on your advice:

 

No no no no no no nonono.

[Marlz1844 36]

Thank you all for your input, I really appreciate it. It helps a lot 😊. 

[TamaraN 72]

5 hours ago, NuestraUnion said:

 

Actually it is not ridiculous. Your fiance is trying to hide it by "cleaning" his system now. So quite honestly he is being deceitful. If a drug test was not part of the process then he would continue using it. Saying that it is ridiculous is not seeing the big picture. A person with a history of drug use will likely continue to use it.

 

Getting caught lying will result in a permanent ban. Why can't he take responsibility of his actions and tell the truth. He actually may not get a ban.

I agree he should not lie, I do not use marijuana or promote it’s use, however, it is a bit ridiculous to be banned for using a drug in the past, no matter how recent the past is, especially when 1. It is legal in many states for medical or recreational  use and 2. It is not criminalized in the applicants home country and is actually somewhat normal/accepted to use it in his country. It’s not like he is using heroin. Come on.

[Auds 223]

Good wishes, i do feel sorry for those getting a one year ban for possibly a one time use of marijuana years ago... 

 

In your case however, there will likely be a one year ban even if his system is clean due to past use.  Enough posts on this site to tell you that.  This is how it is.

 

If he chooses to hide the truth and a sensitive test picks it up he will have a life time ban.

 

 

[Auds 223]

28 minutes ago, TamaraN said:

I agree he should not lie, I do not use marijuana or promote it’s use, however, it is a bit ridiculous to be banned for using a drug in the past, no matter how recent the past is, especially when 1. It is legal in many states for medical or recreational  use and 2. It is not criminalized in the applicants home country and is actually somewhat normal/accepted to use it in his country. It’s not like he is using heroin. Come on.

Hmm... this is not VJers making the decision here.  It is what it is.

[Longingfor 195]

15 hours ago, Marlz1844 said:

 

Only if the presence of marijuana is detected right? What is if, it isn’t? Will he still get the one year ban for being honest? 

Once he admits to using marijuana it is an automatic ban for 1 year a with periodical drug testing carried out at Andrews Memorial Hospital which is the only authorized place to conduct medical examinations for the US Embassy in Jamaica.   It makes no sense to lie.  If caught in a lie he could get a permanent ban a.k.a lifetime ban.  Never be able to enter the US>

Edited October 19, 2017 by Longingfor

[Crazy Cat 39,665]

52 minutes ago, TamaraN said:

1. It is legal in many states for medical or recreational  use and 2. It is not criminalized in the applicants home country and is actually somewhat normal/accepted to use it in his country.

This is entirely irrelevant.  Immigration law is under Federal jurisdiction, and marijuana use is a violation of federal law.

[TeeSam 247]

16 hours ago, Marlz1844 said:

Hi everyone, 

 

First, I’d to say how grateful for this forum. The information here helped me immensely. I sent off our I-129F application today. However, I worry a lot. At this point, will the USCIS do a background check on me? I’m the petitioner. I’ve never had any issue with USCIS background checks. In the past all of my immigration issues were settled within 9 months including asylum, green card and naturalization. 

 

My boyfriend had a little runnings with the law when he was 13 yrs old, he was arrested for fighting in school. He’s now 26 yrs old. We’re in the processing of finding out whether or not this is still on his record.  Also, he has been a recreational marijuana user for about 4 yrs. I asked him to stop and promised me that he will. Assuming that he stop all together, should I still worry about this considering the waiting for interviews is about 6-9 months? 

All these people giving advice about Jamaica who are not from Jamaica or filing for someone from Jamaica. If your partner tests negative on the drug but admits to previous drug use they will make him go to psych. It is there that the doctor will make the decision and sends it to the embassy where he will either get the visa or not based on the psych doctor.

The foolishness about looking nervous is bullshit pardon my French because ppl are nervous so ofcourse they are going to seem anxious. He would have to be a damn crackhead or heroin addict for the doctors at the medical to say no. Now if his drug test is positive then he receives the 1 year ban and has to wait that year to try again for the visa. I hate when people give advice about something they know nothing at all about or very little information. I know people first hand who couldn't get the visa because the drug test come positive and just waited a year without smoking, took the test again, tested negative and received their visa. My advice is continue to stop smoking and be honest. Lying is way worse than failing the drug test.

[TamaraN 72]

40 minutes ago, missileman said:

This is entirely irrelevant.  Immigration law is under Federal jurisdiction, and marijuana use is a violation of federal law.

I realize that. I was commenting on the fact that someone corrected the original poster for calling it ridiculous, because it is a bit ridiculous.