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CamilleR

Medical Examination- one year

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Greetings: 

 

my fiancé has been denied for one year for admitting to smoke in the past. His drug test was clean; however, they still want him to test positive for one year. I’m very confused about that part.

 

My petition will resume December 1, 2020. What do I need to do with the I-129f that expires in January? 

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This is fairly common, especially with Jamaica (per previous posts). They also check for certain signs of prior or current use. They want to ensure he is not a drug abuser so they will test that he remains negative for drugs for a year. There are plenty of people who claim to have only used in the past just for immigration purposes, or stop shortly before the interview so their system is clean for the test.

 

You should contact the consulate to attempt to keep the petition valid while he goes through AP due to the ban. They may or may not keep the petition's approval active (I don't know how Jamaican COs tend to handle this, sorry), but reaching out to them to request it is suggested if you aren't sure.


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

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/16: sent

12/14/16: 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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37 minutes ago, NikLR said:

Negative not positive. 

 

The embassy keeps the petition alive. 

Yes negative lol i do not know how to edit my post

1 hour ago, geowrian said:

This is fairly common, especially with Jamaica (per previous posts). They also check for certain signs of prior or current use. They want to ensure he is not a drug abuser so they will test that he remains negative for drugs for a year. There are plenty of people who claim to have only used in the past just for immigration purposes, or stop shortly before the interview so their system is clean for the test.

 

You should contact the consulate to attempt to keep the petition valid while he goes through AP due to the ban. They may or may not keep the petition's approval active (I don't know how Jamaican COs tend to handle this, sorry), but reaching out to them to request it is suggested if you aren't sure.

Thank you so much for the clarification because I contacted an attorney. I was confused 

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Just now, CamilleR said:

Yes negative lol i do not know how to edit my post

You cant. Theres a time limit. :)


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Moved from Progress Reports to Process & Procedures.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
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)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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On 12/26/2019 at 10:36 PM, Razzar said:

They are making him wait a whole year to be retested his year will be up May 12 2020.... Only because he used to smoke a year before his paperwork got approved this is crazy

It does not make sense because you are suppose to deny a drug abuser and if a test comes back clean how is it evidence of drug abuse? did you have to do anything in the meantime? Or we just wait until the time is up? 
 

 

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4 hours ago, CamilleR said:

It does not make sense because you are suppose to deny a drug abuser and if a test comes back clean how is it evidence of drug abuse?

A clean test does not mean somebody is not a drug abuser. A clearly heavy abuser could stop weeks before the medical just to come back clean on the test before going back to abusing (note I said abusing, which is different than usage alone).

They look at the history of use and other possible signs to determine if there is a reasonable likelihood of future use (since it is illegal federally). Panel physicians in some countries are more strict than others on this. Some may not give a ban at all for light usage years ago. Some may give a shorter ban. Some may want regular testing. Some may do a psych referral to determine if there is drug abuse.


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

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/16: sent

12/14/16: 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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On 12/25/2019 at 8:15 AM, CamilleR said:

Greetings: 

 

my fiancé has been denied for one year for admitting to smoke in the past. His drug test was clean; however, they still want him to test positive for one year. I’m very confused about that part.

 

My petition will resume December 1, 2020. What do I need to do with the I-129f that expires in January? 

Did your fiance still have interview or was it cancelled/ delayed due to this issue. Also was his usage more than a year ago and stated as light or daily usage. 

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On 12/29/2019 at 7:08 PM, Erica 39 said:

Did your fiance still have interview or was it cancelled/ delayed due to this issue. Also was his usage more than a year ago and stated as light or daily usage. 

He went to the interview and at the interview he was told about the physicians opinion on my fiancé drug use. He admitted to smoking marijuana in 2007.

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On 12/29/2019 at 2:17 PM, geowrian said:

A clean test does not mean somebody is not a drug abuser. A clearly heavy abuser could stop weeks before the medical just to come back clean on the test before going back to abusing (note I said abusing, which is different than usage alone).

They look at the history of use and other possible signs to determine if there is a reasonable likelihood of future use (since it is illegal federally). Panel physicians in some countries are more strict than others on this. Some may not give a ban at all for light usage years ago. Some may give a shorter ban. Some may want regular testing. Some may do a psych referral to determine if there is drug abuse.

I see the different requirements among countries because I know someone that was giving 5 months and he failed the drug test. That person is from Ghana. So clearly he can go back to using. However my fiancé had to wait a year and his drug test was clean. And admitted to using in 2017.

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8 minutes ago, CamilleR said:

He went to the interview and at the interview he was told about the physicians opinion on my fiancé drug use. He admitted to smoking marijuana in 2007.

 

4 minutes ago, CamilleR said:

I see the different requirements among countries because I know someone that was giving 5 months and he failed the drug test. That person is from Ghana. So clearly he can go back to using. However my fiancé had to wait a year and his drug test was clean. And admitted to using in 2017.

2007 or 2017 or both?


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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