Would I be considered ineligible for the k-1 visa?

[SMChicago 0]

Please refrain from unsolicited judgement.

 

Just to explain the situation, I have been in the United States since August 2018 on an F-1 Visa. I flew to my home country on 10/12/20 and flew back to Chicago via Abu Dhabi on 10/1/2021. I was detained at the Abu Dhabi CBP facility over four instances of controlled substances use evidence found in my phone. 

The first instance was photos of methamphetamine in January 2018 which is six months before I started school in the U.S. Moving on, the second instance was October 2019. They found my WhatsApp text telling a friend that I took Acid and Molly and a festival. The third instance was another WhatsApp about marijuana .Lastly, the fourth instance is a conversation about Cocaine and Xanax from 31 Dec 2020. Just to add, I did tell the officer that I have a prescription for Xanax. 

Evidently, my visa was cancelled under section 22 CFR 41.122(h)(3.) I am convinced there is no hope to get my f-1 visa reinstated. However, my boyfriend wants to go ahead and file a K-1 petition with a 212(d)(3) waiver which I am not very optimistic about either.

I have a proof of rehabilitation and I am certain that I would be able to pass medical examination/randomized drug testing for whatever period they state. 

I have talked to multiple immigration lawyer who say I have a good chance but I do not trust them since they would profit off my business.

es (which is legal in Illinois.) Lastly, the fourth instance is a conversation about Cocaine and Xanax from 31 Dec 2020. Just to add, I did tell the officer that I have a prescription for Xanax. 

 

Evidently, my visa was cancelled under section 22 CFR 41.122(h)(3.) However, no charges were pressed, my visa wasn’t revoked and I was not banned. Subsequently, I was sent back to Pakistan on the next flight. In addition, if it helps, I do not have a criminal history and currently have good GPA standing. Also, I am taking online classes and have not dropped this semester.

[Crazy Cat 39,771]

I would expect very close scrutiny, at minimum.  The other possibilities are a ban and testing for a year.  No way to know until your K-1 interview.

Edited March 25, 2021 by Lucky Cat

[JFH 12,189]

What evidence of rehabilitation do you have? These are very recent incidents. Have you completed a rehab program?

[SMChicago 0]

9 minutes ago, JFH said:

What evidence of rehabilitation do you have? These are very recent incidents. Have you completed a rehab program?

I am currently in counseling. I have a letter from psych. Moreover, I would wait a couple months to apply so I have a stronger case.

[Crazy Cat 39,771]

3 minutes ago, SMChicago said:

I am currently in counseling. I have a letter from psych. Moreover, I would wait a couple months to apply so I have a stronger case.

Step one is for the US citizen to submit an I-129f.  You are many months from time for a K-1 interview.

[SMChicago 0]

1 minute ago, Lucky Cat said:

Step one is for the US citizen to submit an I-129f.  You are many months from time for a K-1 interview.

Of course. My question was for my chances for approval for the case. I am essentially looking for similar cases so I can get a better grip of reality of the case.

[JFH 12,189]

*~*~*not an IMBRA case. Moved to “K-1 fiancé visa process and procedures”*~*~*

[Crazy Cat 39,771]

3 minutes ago, SMChicago said:

Of course. My question was for my chances for approval for the case. I am essentially looking for similar cases so I can get a better grip of reality of the case.

Possibilities range from only questions to being banned from the US for a year for treatment.  That has been the range of results I have seen over the last 5 years. The Consulate Officer is the sole approving authority after the interview. 

[SMChicago 0]

7 minutes ago, Lucky Cat said:

Possibilities range from only questions to being banned from the US for a year for treatment.  That has been the range of results I have seen over the last 5 years. The Consulate Officer is the sole approving authority after the interview. 

Does my previous f-1 visa and readjustment of visa pose a threat to the overall process?

[SteveInBostonI130 3,328]

29 minutes ago, SMChicago said:

Does my previous f-1 visa and readjustment of visa pose a threat to the overall process?

I am not sure what you mean by "readjustment".  K-1 visa will be treated on it's own merit.  As long as your relationship is genuine and you are planning to marry each other, it should be fine.  Previous visas come into question only if you have or tried to obtain them fradulently.  But from what you stated, you had a valid F-1 visa until the moment in Abu Dhabi.

 

Be sure to state everything truthfully on your DS-160 about your previous drug use.  The embassy CO will mske a determination.

[SMChicago 0]

My f-1 visa was recently cancelled after officers found four instances of Class A controlled substance use evidence found in my phone in January 2021. 

 

I am now considering filing a k-1 application through my boyfriend. My question is that since they do have a record of me using drugs which I would have to reveal during my medical examination. Would I be automatically considered ineligible for the visa? My lawyer is suggesting filing a 212h3 waiver alongwith my petition/interview because my boyfriend will suffer extreme hardship if I get denied because he has bipolar and anxiety disorders which have already being triggered by me not being there since the last 5 months.

 

Please refrain from unsolicited judgement. The four instances of drug use are extremely isolated and I am currently in counseling and would continue counseling if I go back to America.

 

 

[igoyougoduke 1,614]

you would be ineligible for k1 visa due to drug record. 

[Crazy Cat 39,771]

You just asked this question 2 days ago.

 

 

[SMChicago 0]

Just now, igoyougoduke said:

you would be ineligible for k1 visa due to drug record. 

Thank you for the insight? Do you know if there's any way around it or know anyone with a similar case?

[SMChicago 0]

1 minute ago, Lucky Cat said:

You just asked this question 2 days ago.

Yes I did. I just did some more research and found out the ineligibility clause.