Denied k1 visa under section 212(a)1a3

[LiamRobinson 1]

Hi all.

 

Looking for some help and information on my current situation. 
 

My k1 visa was denied based upon the outcome of my medical examination which was referred to the CDC by the doctor taking the exam.

 

I had some arrests related to alcohol in my teens  and although not convicted I have been denied a visa based on this. The CDC recommended that I preform a year of random alcohol blood testing to prove my abstinence. Far from ideal as this is keeping me from joining my fiancé and my 1 year old daughter in the states, but I have no problem doing this as I don’t and never have had  an alcohol problem.

 

My doctor suggested to me that once I have supplied my year of random blood tests and then retaken my medical exam, which is then submitted to the us embassy, that I will then be granted my visa… is this the case as I can’t seem to find any solid information on the subject? 
 

I can’t find this information in black and white on this and I had no suggestion of this from the embassy upon receiving my passport and paperwork back from the embassy. 
I’m also non eligible for a waiver according to the paperwork they sent me, but although this is a k1 visa surely I have some say regarding a waiver under family unity rights.

 

Im just unsure where I stand right now.

 

-Do I need to start a brand new application and reapply for my k1 visa once I have proved my year of abstinence?

-Is it the case of just waiting for my year of abstinence to be supplied and then I will be granted my visa upon the embassy receiving my new medical?

-Should I do anything else along with the blood tests to help my cause? Ie, counselling or speaking with my GP?

-Do I have a case of applying for a waiver under family unity, although suggested by the embassy that I can’t apply?

 

I’m just trying to be with my family as soon as I can so any information and help on the matter is greatly appreciated. 
 

Liam

 

 

 

 

[Boiler 43,868]

What do you mean by family unity rights not something I have come across

 

Unusual to see this for alcohol but basically you are on pause for a year until you have satisfied the medical aspect 

[JeanneAdil 6,307]

couselling would help 

u may not believe u have an issue but multiple DUI arrests does look like an issue

i

 

To help u?

if she can visit and marry,   i would do this and file CR1

the addtional time together is beneficial for so many reasons like seeing each other and strenghtening your case

as long as u have to wait a year,  marry her

[Crazy Cat 39,905]

27 minutes ago, LiamRobinson said:

I’m also non eligible for a waiver according to the paperwork they sent me, but although this is a k1 visa surely I have some say regarding a waiver under family unity rights.

I know of no such rights.  In addition, the consulate has stated that no waiver exists for your case.  Immigrating to the US is not a right.   Is there a possibility that your family can be united outside the US for the duration of your monitoring?

Edited October 14, 2022 by Crazy Cat

[LiamRobinson 1]

4 minutes ago, Boiler said:

What do you mean by family unity rights not something I have come across

 

Unusual to see this for alcohol but basically you are on pause for a year until you have satisfied the medical aspect 

I read somewhere that I may be eligible to a waiver to assure family unity.. but I may be barking up the wrong tree..

 

I assume they flagged me as a risk due to alcohol related incidents that led to arrests.

Visa on “pause” for a year as you put it is along the lines of what the doctor taking the medical exam told me but I can’t find any information on it other than what I’m told by yourself and the doctor. Any link to this information would be appreciated 

[LiamRobinson 1]

6 minutes ago, JeanneAdil said:

couselling would help 

u may not believe u have an issue but multiple DUI arrests does look like an issue

i

 

To help u?

if she can visit and marry,   i would do this and file CR1

the addtional time together is beneficial for so many reasons like seeing each other and strenghtening your case

as long as u have to wait a year,  marry her

It wasn’t DUI, it was drunk and disorderly etc 

 

yes we are planning for them to come to the U.K. for 6 months. She would need a visa to come here to marry right? 

[Crazy Cat 39,905]

3 minutes ago, LiamRobinson said:

I read somewhere that I may be eligible to a waiver to assure family unity.. but I may be barking up the wrong tree..

 

I assume they flagged me as a risk due to alcohol related incidents that led to arrests.

Visa on “pause” for a year as you put it is along the lines of what the doctor taking the medical exam told me but I can’t find any information on it other than what I’m told by yourself and the doctor. Any link to this information would be appreciated 

Did the consulate say that the case has been returned to USCIS?  If so, it is dead.  Your fiance will have to submit another I-129f or an I-130 should you decide to marry before the completion of your random testing.. 

Edited October 14, 2022 by Crazy Cat

[LiamRobinson 1]

5 minutes ago, Crazy Cat said:

I know of no such rights.  In addition, the consulate has stated that no waiver exists for your case.  Immigrating to the US is not a right.   Is there a possibility that your family can be united outside the US for the duration of your monitoring?

I may of misread that information then. And yea I’m aware it’s not my right to immigrate to the us. They can travel here for up to 6 months without a visa I believe  so that’s an option.

[Boiler 43,868]

2 minutes ago, LiamRobinson said:

I read somewhere that I may be eligible to a waiver to assure family unity.. but I may be barking up the wrong tree..

 

I assume they flagged me as a risk due to alcohol related incidents that led to arrests.

Visa on “pause” for a year as you put it is along the lines of what the doctor taking the medical exam told me but I can’t find any information on it other than what I’m told by yourself and the doctor. Any link to this information would be appreciated 

I am sure there have been alcohol cases but none recently now on here you will find MJ cases where there has been a similar requirement.

 

In this case I would stay on a K1 as they could smack you with another year after going through the CR1 process 

[LiamRobinson 1]

1 minute ago, Crazy Cat said:

Did the consulate say that the case has been returned to USCIS?  If so, it is dead.  Your fiance will have to submit another I-129f or an I-130 should you decide to marry before the completion of your random testing.. 

I don’t recall. Where would I find that info?

 

I had my medical exam then a week later attended my embassy interview. They actually told me I had been granted entry before I reminded the interviewer that they hadn’t received my medical yet. They thought they had.

Then today I received my passport back from the embassy along with a single sheet of paper which helped me in no way at all to understand the situation 

[LiamRobinson 1]

13 minutes ago, Boiler said:

I am sure there have been alcohol cases but none recently now on here you will find MJ cases where there has been a similar requirement.

 

In this case I would stay on a K1 as they could smack you with another year after going through the CR1 process 

Yeah I looked through past topics but I still can’t seem to find a concrete answer.

 

 I contacted the place where I had my medical exam and both the doctor and the manager suggested to me that my visa is “on hold” until my blood tests and updated medical. They told me this has been the case for previous applications BUT also advised me every case is different. 
 

All im trying to find out is where I stand. Do I need to make other arrangements etc

[Boiler 43,868]

Nothing to do until you meet the requirements 

 

Edited October 14, 2022 by Boiler

[LiamRobinson 1]

1 minute ago, Boiler said:

Nothing to do until you meet the requirements 

 

I totally understand that. But while I’m meeting those requirements for the next 12 months I could be re-applying for my k1 visa along with that as it seems to take 8+ months.. BUT.. I don’t know if I’m required to re-apply because I have been told I don’t have while also being told every case is different and reading that I may have to. This is my predicament. I’m hoping someone who has been in this exact situation sees this topic.

[Boiler 43,868]

Your case is on pause not canceled 

[Family 3,587]

43 minutes ago, LiamRobinson said:

totally understand that. But while I’m meeting those requirements for the next 12 months I could be re-applying for my k1 visa along with that as it seems to take 8+ months.. BUT.. I don’t know if I’m required to re-apply because I have been told I don’t have while also being told every case is different and reading that I may have to. This is my predicament. I’m hoping someone who has been in this exact situation sees this topic.

You don’t need to re-apply for K-1 or start over by marrying. 

Your case was not signaled out , it’s just that CDC guidelines were changed so that ANYONE with a history of alcohol related encounters is subject to the 1 yr ban ..and they apply to K-1 and spousal I-130s. ..

 

There is NO waiver for this , just wait out the year, do the testing , do either therapy or evaluation to show you have not struggled with alcohol dependency since youth .

 

Most recent similar post  ( I-130 beneficiary w a 30 year old DUI ) where both the attorney and beneficiary were caught off guard by the 1 year ban.

 

Will try to find it , as I participated in it.