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Crane424

Quit K1 and get married while I am in the state?

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Filed: IR-1/CR-1 Visa Country: Taiwan
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46 minutes ago, Sparkle Sparkle said:

When it comes to immigration, nothing is promised...it can only be said that lots of people have changed their minds about K and have successfully adjusted without issues. If you come in with K1 and you have ever lied about anything or had issues with drugs, it could be an issue. If you get the 2 year green card and something happens along the way you can also have problems when you adjusting or lifting conditions. There  is no tailor fit answer to our question.

yes this is how I feel after reading so many threads here and there, it's almost like just depends on luck(even you have everything prepared like they asked)!!  I havent read that far about the green card just yet, but I know it has many steps to go thru! 

(just curious, you mentioned issues with drugs, I know there will be a health check but will they test for canabist use? THC or CBD?)

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Filed: IR-1/CR-1 Visa Country: Taiwan
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55 minutes ago, HRQX said:

Each post has different circumstances. For example, if in a different post the beneficiary is currently outside of the US then we cannot condone B-2 or VWP abuse (i.e. preconceived intent at POE to Adjust status), per this site's TOS.

 

In this thread, OP is currently in the US. For Immediate Relatives (as defined by the INA) intent is determined at entry, not at the AOS interview. See Matter of Battista and Matter of Cavazos.

thank you for your reply, its so detailed!! make me less worried about this option! 

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35 minutes ago, Crane424 said:

I know there will be a health check but will they test for canabist use? THC or CBD?)

Yes.

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59 minutes ago, Crane424 said:

I know there will be a health check but will they test for canabist use? THC or CBD?

Yes, it is part of the health check. https://www.cdc.gov/immigrantrefugeehealth/civil-surgeons/medical-history-and-physical-exam.html "The civil surgeon should indicate the specific drug that is/was being used and the last time it was used if the patient has discontinued its use."

 

The use of cannabis over 0.3% THC is illegal under federal law. https://www.fda.gov/news-events/public-health-focus/fda-regulation-cannabis-and-cannabis-derived-products-including-cannabidiol-cbd

Edited by HRQX
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1 hour ago, Crane424 said:

yes this is how I feel after reading so many threads here and there, it's almost like just depends on luck(even you have everything prepared like they asked)!!  I havent read that far about the green card just yet, but I know it has many steps to go thru! 

(just curious, you mentioned issues with drugs, I know there will be a health check but will they test for canabist use? THC or CBD?)

@Crane424The I-693 does not involve a test for drug use. The Civil Surgeon who does the medical relies on you to tell them that you have a diagnosis of drug substance abuse. The next paragraph is from the instructions on page 6 of 12. 

  1. Part 8. Civil Surgeon Worksheet and Part 10. Vaccination Record. You must fill out this worksheet and provide the results of each component of the medical examination relating to: communicable diseases of public health significance, physical or mental disorders with associated harmful behavior, drug abuse or drug addiction, and vaccinations. You must also include the results of any lab work or other studies required to determine whether the applicant is inadmissible on health-related grounds.

Then, on the I-169 from, part 8. Civil surgeon worksheet states (...) Include here any diagnosis of drug abuse or drug addiction. 

 

The form asks the Civil surgeon to include any diagnosis of drug abuse or drug addition. 

 

I am not saying that you should show up there after smoking marijuana, taking street drugs or drinking a litter of Vodka. No. I just wanted to clarify that the I-693 does not involve a test for drug use. 

 

 

I-751 Joint Filing.

06-15-2021 - Case was updated to show fingerprints were taken. 

05-26-2021 - Received NOA/extension letter. Notice date and postmarked 05-20-2021.

05-23-2021 - Received text message with Receipt #. YSC Potomac Center.

05-21-2021 - Checks cashed (processing on joint checking account)

05-07-2021 - I-751 received in Arizona.

 

Marriage-based AOS - Concurrent filing.

05-07-2019 - AOS Approved. Resident since date 05/07/2019.

05-06-2019 - AOS Interview

04-23-2018 - "Case is ready to be scheduled for an interview"

03-16-2018 - Priority Date.

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I would do it. Was visiting my fiance and was stuck for months because of covid. We wanted to go by the rules so we didn’t get married. Here we are almost a year later stuck with the embassy barely doing anything still. Best case we are looking at over two years from the time we started this process to when i can enter the US on a K1. I wouldn’t wish this on anyone.

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1 hour ago, USC4SPOUSE said:

@Crane424The I-693 does not involve a test for drug use.

Note that sometimes it's done. The Civil Surgeon complies with the CDC's manual: https://www.cdc.gov/immigrantrefugeehealth/civil-surgeons/mental-health.html "Table 1. Indications for Laboratory Drug Screening"

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7 minutes ago, HRQX said:

Note that sometimes it's done. The Civil Surgeon complies with the CDC's manual: https://www.cdc.gov/immigrantrefugeehealth/civil-surgeons/mental-health.html "Table 1. Indications for Laboratory Drug Screening"

It may be done under very specific circumstances and the trail of events that would lead to that is in theory very long. USCIS does not routinely do it. OP does not need to worry. 

 

Laboratory Testing

Random screening for drugs is not part of the routine medical examination for applicants for U.S. admission. The civil surgeon needs to evaluate the applicant’s history, behavior and physical appearance when determining if drug screening should be performed.

Whole populations of applicants should not routinely be subject to random laboratory screening. The civil surgeon should make an individual decision based on the indications for drug screening (see Table 1).

 

And table 1. 

Table 1. Indications for Laboratory Drug Screening

Include (but are not limited to) –

  • History of any substance abuse or dependence with a specific substance listed in Schedules I through V of Section 202 of the Controlled Substances Act. (See Appendix C)
  • Applicant-provided information that appears to contradict information provided by family members or from other records, such as police, military, school, and employment.
  • Unexplained gaps of time in the applicant’s past schooling or employment.
  • Evidence of unreliable or false information given during the interview or examination.
  • Any demeanor, presentation, or findings that the examining physician associates with substance abuse or dependence, such as motor ability and interpersonal skills; deepened skin coloring, needle scarring, or skin ulcers along the veins in the arms or legs; or a hard, bumpy, or shrunken liver.
  • Evidence or appearance of intoxication with any substance during the examination.
  • Disturbed behavior that might be associated with a substance-related disorder.
  • Follow-up of an initial positive drug screen or a history of a positive drug-screening test.

 

 

I-751 Joint Filing.

06-15-2021 - Case was updated to show fingerprints were taken. 

05-26-2021 - Received NOA/extension letter. Notice date and postmarked 05-20-2021.

05-23-2021 - Received text message with Receipt #. YSC Potomac Center.

05-21-2021 - Checks cashed (processing on joint checking account)

05-07-2021 - I-751 received in Arizona.

 

Marriage-based AOS - Concurrent filing.

05-07-2019 - AOS Approved. Resident since date 05/07/2019.

05-06-2019 - AOS Interview

04-23-2018 - "Case is ready to be scheduled for an interview"

03-16-2018 - Priority Date.

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12 minutes ago, USC4SPOUSE said:

OP does not need to worry.

Just to clarify I'm not stating that it will or won't happen in OP's case, since we only know very limited info of OP's circumstances. Also the list in the Table is not exhaustive: "Include (but are not limited to)"

 

To reiterate: "The civil surgeon should make an individual decision based on the indications for drug screening (see Table 1)."

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  • 1 month later...
Filed: IR-1/CR-1 Visa Country: Taiwan
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On 7/13/2021 at 4:01 AM, HRQX said:

Yes, it is part of the health check. https://www.cdc.gov/immigrantrefugeehealth/civil-surgeons/medical-history-and-physical-exam.html "The civil surgeon should indicate the specific drug that is/was being used and the last time it was used if the patient has discontinued its use."

 

The use of cannabis over 0.3% THC is illegal under federal law. https://www.fda.gov/news-events/public-health-focus/fda-regulation-cannabis-and-cannabis-derived-products-including-cannabidiol-cbd

thank you for the info! I've been using CBD products for back pain and some smoking in the past, just want to make sure it wont be a problem! 

 

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Filed: IR-1/CR-1 Visa Country: Taiwan
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On 7/13/2021 at 5:07 AM, USC4SPOUSE said:

@Crane424The I-693 does not involve a test for drug use. The Civil Surgeon who does the medical relies on you to tell them that you have a diagnosis of drug substance abuse. The next paragraph is from the instructions on page 6 of 12. 

  1. Part 8. Civil Surgeon Worksheet and Part 10. Vaccination Record. You must fill out this worksheet and provide the results of each component of the medical examination relating to: communicable diseases of public health significance, physical or mental disorders with associated harmful behavior, drug abuse or drug addiction, and vaccinations. You must also include the results of any lab work or other studies required to determine whether the applicant is inadmissible on health-related grounds.

Then, on the I-169 from, part 8. Civil surgeon worksheet states (...) Include here any diagnosis of drug abuse or drug addiction. 

 

The form asks the Civil surgeon to include any diagnosis of drug abuse or drug addition. 

 

I am not saying that you should show up there after smoking marijuana, taking street drugs or drinking a litter of Vodka. No. I just wanted to clarify that the I-693 does not involve a test for drug use. 

 

thank you for the detailed reply, really appriciated!! I am about to make a appointment to the health check soon so just to be safe I will stop using any cannabis related products for a while, from the info I shouldnt be too worry about it! 
hahaha it will be stupid to showed up in clinic after taking anything really. thanks again! 

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Filed: IR-1/CR-1 Visa Country: Taiwan
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On 7/13/2021 at 5:42 AM, Removed20210801 said:

I would do it. Was visiting my fiance and was stuck for months because of covid. We wanted to go by the rules so we didn’t get married. Here we are almost a year later stuck with the embassy barely doing anything still. Best case we are looking at over two years from the time we started this process to when i can enter the US on a K1. I wouldn’t wish this on anyone.

yes that's what exactly what we were worry about! so we deiced to just get it done here this time while i am here! 

so sorry to hear that, be apart sucks! especially you dont know when to meet next... I hope you get your k1 approved soon!! 

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Filed: IR-1/CR-1 Visa Country: Taiwan
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On 7/13/2021 at 6:42 AM, HRQX said:

Just to clarify I'm not stating that it will or won't happen in OP's case, since we only know very limited info of OP's circumstances. Also the list in the Table is not exhaustive: "Include (but are not limited to)"

 

To reiterate: "The civil surgeon should make an individual decision based on the indications for drug screening (see Table 1)."

thank you for all,  I understand your point of view completely! when it's involved US immigration I think the best thing to do is play safe. so I will be stop using any products I am usually use for a while before my health check! thanks again! 

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Filed: K-1 Visa Country: Haiti
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On 7/2/2021 at 5:58 PM, Crane424 said:

this is how far we get.... so far

I-129F Sent : 2021-05-17
I-129F NOA1 : 2021-05-27

 

I am currently visiting my bf in the state for 3 months entered with ESTA visa. 

more we read about how slow the process is for K1 more scared we are (also covid situations seem to getting bad again....),

we just dont want to go thru long distance without knowing when is gonna end!! 

 

so here is a hypothetical question...  can we just get married here and start new process and forget about K1? 

or this is not a wise move to do as it might effect each other? 

or should we hire a lawyer? 

 

any ideas or experience to share are all welcome and appreciate! 

@Crane424 you should hire a lawyer

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Filed: F-2A Visa Country: Nepal
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23 minutes ago, Sinnabon said:

@Crane424 you should hire a lawyer

OP can if she wants to but a lawyer is not required in such a straightforward case.

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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