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thenriquez8814

Whats next?!?!?! (split and merged)

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My husband failed his medical exams after admitting to recreational marijuana use and went though the one year of testing. What is next? We have not been given any information.  We are waiting on an IR-1 Visa and dont know if he will just have to go for a new medical exam or if we will need to file an i-601 and an i-212. I just want my husband home and I dont know what else it is going to take to get him cleared. 

Edited by Penguin_ie
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Filed: K-1 Visa Country: Wales
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Normally assuming this is just a medical matter then he will need to spend a year being tested to make sure he is clean before the case can be progressed.

 

Does he have any other issues?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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He has already undergone the year of testing. It's been almost 3 weeks since he was cleared by panel psychologist lp

That was the only issue. The I-601a is still showing as active 

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Filed: K-1 Visa Country: Wales
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Sorry should have read that you did say he went through a year of testing, the I 601a so he was here illegally for more more than a year. 

 

I am not sure if they will honour the I 601a or require a I 601, The reason I say that is that I saw a case I think from Mexico where they went to I 601 which surprised me, but often we do not have the full details of the case. I 212 I assume he was not deported so would not apply.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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He has never been deported. All was good. He went to his initial exams in January of 2019 and they determined that he needed to go through testing. He completed the testing last month. The dr said we need to wait to hear from the panel physician, the panel physician says we need to wait for the embassy and the embassy says we need to wait for the panel physician. I just want a clearer timeline as to when my husband will be able to come home. Initially he was told by the embassy that he will need to file an i-601. I just cant imagine waiting another 6-8 months for that to be approved. 

I have read that if you file an i-601 you have to file an i-212 as well 

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Filed: K-1 Visa Country: Wales
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I 212 is only needed if you have an issue it covers. Many do which is why you see them mentioned together.

The I 601a only covers illegal presence, now quite why failing the Medical would invalidate it I am not sure, I could see if a waiver was required for Drugs but that does not seem the case here, all I can say is that I have seen it suggested that it does, really down to the Consulate, if they want an I 601 then he should have been  specifically told so.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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He was told that he was found inadmissible and that he would have to undergo 1 year of treatment and then re-apply 

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Filed: K-1 Visa Country: Wales
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I do not know what the Consulate will do, might be a good idea to have a I 601 planned just in case.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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My husband just got the call from the panel physician. He is going back in for an updated medical exam on the 27th. Could this mean that he doesnt have to file the i-601???

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Filed: K-1 Visa Country: Wales
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58 minutes ago, thenriquez8814 said:

My husband just got the call from the panel physician. He is going back in for an updated medical exam on the 27th. Could this mean that he doesnt have to file the i-601???

Not in itself, his last medical would have expired by now so would need to be updated. Now you could say well why have a medical if he need to file a waiver but I doubt they do that sort of joined up thinking.

 

Anyway it is a step in the right direction.

 

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: K-1 Visa Country: Wales
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2 minutes ago, thenriquez8814 said:

They also said he could schedule his embassy interview again after that. 

That is the process, I think all you can do is keep your fingers crossed for the Interview, that they are happy with the I 601a.

 

Do not see there is anything else to be done.

 

So unnecessary, but that is water under the bridge.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Im going through this now with my husband. He just finished his year and has the physical scheduled for 2/27. Embassy told him that he would need to file an i-601. In total once all of this is done it is looking like 2 years total. Please someone who has gone through this! Any insight???

 

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Filed: Citizen (apr) Country: Ireland
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**** post split from 3 year old thread by other member about another issue and merged here.  Please ask questions about your own case in your own thread.  *****

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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  • 1 year later...
On 2/20/2020 at 10:02 AM, thenriquez8814 said:

Im going through this now with my husband. He just finished his year and has the physical scheduled for 2/27. Embassy told him that he would need to file an i-601. In total once all of this is done it is looking like 2 years total. Please someone who has gone through this! Any insight???

 

Hi. Hope you can assist with my questions. My husband went through this process but due to alcohol and only for 6 months. He had his interview on March 18th and was approved, but not visa yet. How did things end up with your husband? Are y’all finally together? How was the process? Thank you in advance!

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