Denied k1 visa under section 212(a)1a3

[Family 3,587]

Here you go…the DUI was 16 years old.  I believe the thread has link to the CDC changes as well ..if not you can Google…
 

Husband not medically cleared due to DUI 16 years ago

By Themis3528,  January 27 in IR-1 / CR-1 Spouse Visa Process & Procedures 

• abstinence from alcohol

[SalishSea 16,988]

2 hours ago, LiamRobinson said:

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?   There are no guarantees.
 

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.  "Family unity rights" is not a thing.

 

Im just unsure where I stand right now.  You have been found medically inadmissible.

 

-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?  Not as simple as that.  You will need another interview.  The post-denial process depends on whether the consulate returns your petition to USCIS.

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

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

 

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. Can they move to you?
 

Liam

 

 

 

 

 

[SalishSea 16,988]

2 hours ago, LiamRobinson said:

She would need a visa to come here to marry right? 

That is entirely based on the immigration laws of your own country, dude.

Edited October 14, 2022 by Jorgedig

[limegreenbowler 44]

You have been found 1A3 by the panel physician, a medical ineligibility that means you have a physical or mental disorder that may pose a threat to oneself or others--alcohol is by far the most common reason for this. You need to follow the instructions the panel physician gave you and do another medical exam in one year. If you are found to be in remission, they will send the new medical to the consulate and your visa is issuable, assuming you haven't married (which would void your I-129F) or have other ineligibilities and assuming the consulate doesn't return your I-129F to USCIS for revocation (they probably would have told you if this were the case).

 

It is technically possible to get an I-601 waiver for 1A3 (waivers are not possible for 1A4, problems with the use of controlled substances, including marijuana), but in practice, USCIS does not grant them--they want to see that the applicant has overcome the ineligibility.

 

The consulate does not have authority to overturn findings of medical ineligibility--they are made by the panel physician using the CDC guidelines.

Edited October 15, 2022 by limegreenbowler

[Family 3,587]

4 hours ago, limegreenbowler said:

The consulate does not have authority to overturn findings of medical ineligibility--they are made by the panel physician using the CDC guidelines

Yes and on point.
No success stories on this forum of any that were able to tackle a  panel physician designation with ready made physical and mental health records / evaluations that would show long term remission, rehabilitation and non recurrent behavior. ..but a determined fellow could give it a shot 

 

https://www.cdc.gov/immigrantrefugeehealth/panel-physicians/mental-health.html

However, in regards to remission, alcohol use disorders are treated the same as all other substance use disorders, meaning an applicant must meet the specific criteria for remission as defined in the DSM in order to overcome a Class A designation. Specifically, the determination of remission from an alcohol use disorder should not be based on the likelihood of recurrence of past harmful behaviors, but rather a 12-month absence of behaviors that meet any DSM criteria (except craving) for a substance use disorder.

[Daisy.Chain 317]

You have 1 year to wait out due to the alcohol issue. I'm not 100% sure on the k1 but I THINK it will be ready as soon as the 1 year and updated clean medical are up.

 

If it were me I would abandon the k1, get married as soon as possible and let the cr1 spousal visa process while you're waiting. It is estimated at ABOUT a year's wait depending on the processing center. The spousal visa is better than the k1 in a lot of ways but it also depends on why you wanted the k1. Your choice!

[SteveInBostonI130 3,330]

In addition to the DUI case linked by Family, there are other examples here on VJ of medical denials/pauses.  Search for TB or self-harm cases.

[CaLi90 56]

On 10/14/2022 at 4:56 PM, LiamRobinson said:

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? 

If you do plan to get married in the UK, yes you would need a marriage visitor visa valid for 6 months. This visa is only for people that want to come and get married and not overstay the 6 months validity of the visa. In other words, not to move to the UK after marriage permanently. 

 

Obviously depends on which route you wish to take. Others advice on here is worth thinking about. But just providing a link to your UK marriage question. 
 

Good luck whichever you choose to do!
 

Here is a link…

https://www.gov.uk/marriage-visa