Marijuana use in the past - medical exam

[Inc 1]

Hey guys. 
 

So my fiancé (M,24, USA) and me (F,23, Germany) received our NOA2 last week, however I'm really freaking out right now because of the medical exam. 
 

I used to smoke cannabis a lot in the past, but I stopped a little over 1.5 years ago because I went to therapy and she wanted me to stop and I also had to do drug tests for her, which she will also prove by writing me a letter for the medical exam. 
 

I have still used it here and there since but stopped entirely like a month ago and I tried an HHC pen (which is THC free) for a few days. 
 

Do you guys think any of this will be a problem? I'm really freaking out right now 

[Allaboutwaiting 2,500]

That will probably delay the issuance of the visa for a year as a rehab program is required. 

[Chancy 6,233]

*** Moved from General Immigration-Related Discussion to K1 Process & Procedures ***

 

[Crazy Cat 39,354]

54 minutes ago, Waleria said:

Do you guys think any of this will be a problem?

Very possible.  It will be up to the Consulate Officer based on input from the medical exam. 

[Sammy_2496 116]

It may be an issue and rehab may be required which will prolong the process. Here is a link to the CDC website for more information, hope it helps https://www.cdc.gov/immigrantrefugeehealth/panel-physicians/mental-health.html#cannabis

Good luck with the process, hope it goes well.

[Inc 1]

5 minutes ago, Sammy_2496 said:

It may be an issue and rehab may be required which will prolong the process. Here is a link to the CDC website for more information, hope it helps https://www.cdc.gov/immigrantrefugeehealth/panel-physicians/mental-health.html#cannabis

Good luck with the process, hope it goes well.

But if I'm not using it anymore and my therapist can prove it, why would I need rehab? 

[Allaboutwaiting 2,500]

Just now, Waleria said:

But if I'm not using it anymore and my therapist can prove it, why would I need rehab? 

That will be decided by the panel physician after your medical.

[Inc 1]

2 minutes ago, Allaboutwaiting said:

That will be decided by the panel physician after your medical.

So if the panel physician talks to me and comes to the conclusion that I'm not smoking and that I don't have a problem, it should be fine right ? 

[meladee 160]

From the link (the instructions the physician must follow):

 

"...at this time, applicants who meet criteria for cannabis use disorder with the use of cannabis and/or any of its derivatives, including CBD or THC, are inadmissible and must be in sustained remission in order to be classified as Class B for travel clearance purposes."

 

"The current version of the DSM defines sustained remission as a period of at least 12 months during which no substance use or mental disorder-associated behaviors have occurred..."

"For substance use disorders – including those for non-controlled substances, such as alcohol – the determination of remission must be made based on applicant’s substance use and DSM criteria. There must be no use of the substance in question other than indicated medical treatment, and at least 12 months during which the applicant does not meet any of the criteria for a substance use disorder, with the exception of craving."

[Sammy_2496 116]

Because it will be down to the panel physician you get. Like Meladee pointed out from the link though, there must be no use for at least 12 months... so you should be okay.

[carmel34 3,531]

2 hours ago, Waleria said:

I have still used it here and there since but stopped entirely like a month ago

The doctor at the physical will decide if one month is enough.  Sounds like you may need to wait another 11 months of not using.

[Family 3,519]

An admission of past use ( be it months or years ago) will result in a one year ban…not at the discretion of panel physician. The 12 month clock will then start , require a few clean tests and new medical when one year ban is over.

 

[SteveInBostonI130 3,319]

If you do get a 12 month ban/rehab, I suggest the two of you to marry and start over with the I-130.  You may need to check with the embassy or the medical physician on how to handle the paperwork.

 

Reason I suggest this is to have the 1 year wait work on your behalf.  With a CR1, or IR1 if you wait 2 years after marriage before immigration, you skip the entire Adjustment of Status process.  That is, you are an LPR and able to work/drive/travel internationally the day you arrive in the US.

 

If you stick with the K1, then you need to marry and adjust status after arriving in the US.  You cannot work or travel internationally, and in some states cannot drive, until you at least get the EAD and AP card (8+ months) or your GC (16+ months).

 

[Crazy Cat 39,354]

1 hour ago, Waleria said:

But if I'm not using it anymore and my therapist can prove it, why would I need rehab? 

There have been cases in which a history such as yours triggered a period of monitoring and a ban.  

Edited April 11, 2023 by Crazy Cat

[Crazy Cat 39,354]

1 hour ago, Waleria said:

So if the panel physician talks to me and comes to the conclusion that I'm not smoking and that I don't have a problem, it should be fine right ? 

No one here can answer that.  I have seen it go both ways.