K-1 Visa Denied Due to Marijuana Usage (Juarez) - Advice on Next Step?

[Family 4,263]

13 hours ago, Andrew010101 said:

I’m unsure if my fiancée and I our at fault for leading them to believe it was denied. We received the papers back and I told the attorney we were denied due to marijuana usage. At the same time, I showed them all the forms we received- so they saw that there wasn’t any paper that stated we were denied, only the paper saying to do rehab/stop drug use and come back in December. I feel like we should have been told “no you were not denied..” and then basically what everyone on here has told me. 

 

I do appreciate everyone’s responses but I really want to get official confirmation that my fiancée only needs to get tested for 12 months and return. No having to redo the I-129f, etc. Unfortunately I’ve been very busy and unable to call the consulate yet. I am not doing anything until confirming this. I suppose it already is confirmed from the paper stating we are eligible for another exam in December.. I’m probably overthinking this. Anyways, thank you for the response and good words! 

Then put in the effort and consult 3 immigration attorneys for a quick analysis of your case. Even if you have to pay for consultation. 

‘Consulate does not give legal advice, hold hands or brim over with helpfulness …

[Andrew010101 4]

16 minutes ago, Family said:

Then put in the effort and consult 3 immigration attorneys for a quick analysis of your case. Even if you have to pay for consultation. 

‘Consulate does not give legal advice, hold hands or brim over with helpfulness …

I wish I had the power to tell someone’s effort level over my phone/computer screen and 7 short comments. I feel bad for anyone who pays for 3 immigration consultations before using a free open forum (at least when you’re not on a tight schedule). I’m sure the consulate would answer a quick question but would understand if not.  Thanks for the response.

[Family 4,263]

51 minutes ago, Andrew010101 said:

I wish I had the power to tell someone’s effort level over my phone/computer screen and 7 short comments. I feel bad for anyone who pays for 3 immigration consultations before using a free open forum (at least when you’re not on a tight schedule). I’m sure the consulate would answer a quick question but would understand if not.  Thanks for the response.

..linked post should sow a bit of healthy skepticism on your expectations of consulate or other DOS follow ups…especially since poster is active duty.

 

I did not question your earnestness . was just hoping you arrive at the conclusion to call out your current attorney. He either needs a refresher course or a few  complaints to make him pay attention. 

 

 

 

[Andrew010101 4]

42 minutes ago, Family said:

..linked post should sow a bit of healthy skepticism on your expectations of consulate or other DOS follow ups…especially since poster is active duty.

 

I did not question your earnestness . was just hoping you arrive at the conclusion to call out your current attorney. He either needs a refresher course or a few  complaints to make him pay attention. 

 

 

 

Understood and I appreciate the linked post. It seems that the original poster was attempting to get the consulate to create a lost packet for them, not only answer one question (whether or not the consulate was supposed to help them, I don’t know). Honestly, I would not be surprised if the consulate did not answer a simple question for me- I’ve been dealing with government entities for years now and I’m fully aware of the games you have to play with them. 

 

As for the attorney, I’m not sure if I replied to you or it was someone else yesterday. I explained how I might have made my attorney think we were explicitly told the visa was denied because that is what I said. Although, I did show the papers given to my fiancée and it did not say we were denied, just to do the medical exam again in December. I’m assuming the attorney could have seen that and told me I was wrong. 

 

Besides all this, do you have any insight into my original post? Do you agree with the others saying we are simply put on hold until December? I do notice you have been a member of this site for years and have plenty of responses to people. Thank you. 

[milimelo 4,611]

What your fiancée was told is correct - regular testing in the next 12 months and passing the medical exam afterwards is what will get to the visa issuance - another interview is probably in the future as well. Check with the panel physician for timeline/scheduling so it's all recorded and in her record there.

[Family 4,263]

Based on these recents posts, CDJ is not implementing routine testing during the wait. 
 

Anyway, you can engage with the posters dealing with CDJ and keep updating. 

 

[DELTAFOXTROT 78]

I have never been thru this or know anyone whom has dealt with this:

 

My gut says to wait out the 12 months and redo medical as advised by the Embassy/Consulate.

 

 

[Senufo 25]

Marijuana is popular, but it seems like this was a bit of a surprise to you.  Did you know she smokes? Do you think she can stop for 12 months?  How do you feel about her arriving to the US where there's millions of Spanish speakers and marijuana is nearly legal?  Do you speak Spanish?  I've read so many story regarding latinas who come to the US.  It can be a challenge.  

[Andrew010101 4]

2 hours ago, Senufo said:

Marijuana is popular, but it seems like this was a bit of a surprise to you.  Did you know she smokes? Do you think she can stop for 12 months?  How do you feel about her arriving to the US where there's millions of Spanish speakers and marijuana is nearly legal?  Do you speak Spanish?  I've read so many story regarding latinas who come to the US.  It can be a challenge.  

What is the challenge you’re referring to? I knew she smokes but it slipped our minds. Pretty obvious in hindsight but all good, we move on. She already stopped and taking drug tests for the next 11 months. Not sure I understand your questions about how I feel about her arriving and millions of Spanish speakers. I think it will be a start to a good life. 

[Senufo 25]

Marijuana isn't the anti Christ, I'm not being out of touch.  I just was coming from a different perspective about your dilemma.  I'd be more concerned about my lady than the 12 month probation is what I was hinting at.  But if you know and think she's a good lady and worth the investment, it's a beautiful thing.  I highly recommend learning Spanish to fluent level to keep the connection strong between you two.  Imagine everywhere you go, she's able to meet, talk and listen to other Spanish speakers, but you're left out, wondering what's going on because you can only say hola.  It gives them the tenancy to wander or lose interest if she's not stimulate at home in her native language.  Just a general statement, it's not true for all

[JaredAndAna 10]

On 1/10/2025 at 1:51 PM, Family said:

Based on these recents posts, CDJ is not implementing routine testing during the wait. 
 

Anyway, you can engage with the posters dealing with CDJ and keep updating. 

 

 

Adding my recent experience with this as a couple also dealing with the same, although a year later. I've let the OP know what we've been through but I also want to post here in the hope it will help others in the future. This has been a frighteningly confusing process with very little information available that seems relevant in recent years.

 

My fiancee was not asked to do routine testing. We confirmed this through the clinic. Per our blue slip she was not found by the medical psychologist to be a drug abuser. It simply stated she was blocked for a year due to use of a controlled substance. I do not think there is a single process here - certain people may be asked to follow processes like routine testing or not given the finding of the medical staff.

 

We went back this January (a year after her original failed medical) and it seems all went well. She had to do a full redo of the medical and meet with the psychologist again. It was the same person. She was grilled, again, but she had supporting evidence from her own therapist stating she was clean and healthy (along with a clean drug test from the medical obviously). In the end we got back the sealed packet later that day.

 

What happened next was a pain - conflicting information and no real way to resolve things without a third trip to the consulate.

 

Because it had been more than a year, we were denied again based on an incomplete application. We had to pay (again) the DS-160 fee for the K-1 visa and deliver an updated passport photo, letter of intent to marry, updated DS-160 form, a new federal police report, and her passport.

 

After the second medical (our second trip to Juarez) we went to the info window and were told we could do all of this without coming back to the consulate. This is not true. There was no way to pay the DS-160 a second time via the appointment scheduling website. Eventually I got a response from the consulate via a public inquiry that made it clear we had to go back in person.

 

We just did this last week and are now waiting to hear back. I would recommend to anyone about to go back for their second medical that they bring all of the paperwork I mentioned above in the hope it will save them a third trip to CDJ. If we'd known, if the guy at the info window had known, we could avoided a 6 week delay and another expensive trip to the wonderful 🤮 city of Juarez.

Edited Tuesday at 04:58 AM by JaredAndAna

[Andrew010101 4]

1 hour ago, JaredAndAna said:

 

Adding my recent experience with this as a couple also dealing with the same, although a year later. I've let the OP know what we've been through but I also want to post here in the hope it will help others in the future. This has been a frighteningly confusing process with very little information available that seems relevant in recent years.

 

My fiancee was not asked to do routine testing. We confirmed this through the clinic. Per our blue slip she was not found by the medical psychologist to be a drug abuser. It simply stated she was blocked for a year due to use of a controlled substance. I do not think there is a single process here - certain people may be asked to follow processes like routine testing or not given the finding of the medical staff.

 

We went back this January (a year after her original failed medical) and it seems all went well. She had to do a full redo of the medical and meet with the psychologist again. It was the same person. She was grilled, again, but she had supporting evidence from her own therapist stating she was clean and healthy (along with a clean drug test from the medical obviously). In the end we got back the sealed packet later that day.

 

What happened next was a pain - conflicting information and no real way to resolve things without a third trip to the consulate.

 

Because it had been more than a year, we were denied again based on an incomplete application. We had to pay (again) the DS-160 fee for the K-1 visa and deliver an updated passport photo, letter of intent to marry, updated DS-160 form, a new federal police report, and her passport.

 

After the second medical (our second trip to Juarez) we went to the info window and were told we could do all of this without coming back to the consulate. This is not true. There was no way to pay the DS-160 a second time via the appointment scheduling website. Eventually I got a response from the consulate via a public inquiry that made it clear we had to go back in person.

 

We just did this last week and are now waiting to hear back. I would recommend to anyone about to go back for their second medical that they bring all of the paperwork I mentioned above in the hope it will save them a third trip to CDJ. If we'd known, if the guy at the info window had known, we could avoided a 6 week delay and another expensive trip to the wonderful 🤮 city of Juarez.

Thank you also for your response!! So it sounds like you and the other poster say to bring the same paperwork when coming again. I only ask where do we do the updated DS-160 if you can’t do it there? 

 

In summary it sounds like we need to reschedule the clinic examination and bring: 

 

Updated passport photo, letter of intent, updated DS-160 and fee, passport, and a new police report. 

 

And we do the medical exam and then simply go to the consulate window? Sorry for all the questions but we know how little information on this specific situation there is. I appreciate your response!! 

 

 

Edit, I just realized you are the same person that wrote on my other post. Still very helpful regardless.

Edited Tuesday at 06:47 AM by Andrew010101
Edit

[Andrew010101 4]

1 hour ago, JaredAndAna said:

 

Adding my recent experience with this as a couple also dealing with the same, although a year later. I've let the OP know what we've been through but I also want to post here in the hope it will help others in the future. This has been a frighteningly confusing process with very little information available that seems relevant in recent years.

 

My fiancee was not asked to do routine testing. We confirmed this through the clinic. Per our blue slip she was not found by the medical psychologist to be a drug abuser. It simply stated she was blocked for a year due to use of a controlled substance. I do not think there is a single process here - certain people may be asked to follow processes like routine testing or not given the finding of the medical staff.

 

We went back this January (a year after her original failed medical) and it seems all went well. She had to do a full redo of the medical and meet with the psychologist again. It was the same person. She was grilled, again, but she had supporting evidence from her own therapist stating she was clean and healthy (along with a clean drug test from the medical obviously). In the end we got back the sealed packet later that day.

 

What happened next was a pain - conflicting information and no real way to resolve things without a third trip to the consulate.

 

Because it had been more than a year, we were denied again based on an incomplete application. We had to pay (again) the DS-160 fee for the K-1 visa and deliver an updated passport photo, letter of intent to marry, updated DS-160 form, a new federal police report, and her passport.

 

After the second medical (our second trip to Juarez) we went to the info window and were told we could do all of this without coming back to the consulate. This is not true. There was no way to pay the DS-160 a second time via the appointment scheduling website. Eventually I got a response from the consulate via a public inquiry that made it clear we had to go back in person.

 

We just did this last week and are now waiting to hear back. I would recommend to anyone about to go back for their second medical that they bring all of the paperwork I mentioned above in the hope it will save them a third trip to CDJ. If we'd known, if the guy at the info window had known, we could avoided a 6 week delay and another expensive trip to the wonderful 🤮 city of Juarez.

To add onto my last question, I am mainly confused about the inquiry to the Juarez consulate about the DS-160. If I remember correctly, the DS-160 payment and appointment was at a completely different place (for us, Hermosillo). Can we not just schedule this ourselves to redo if? Forgive me, it’s been a while now since we prepared the packet last year so I don’t remember the process perfectly. 

[JaredAndAna 10]

Hi, yes, I am the same person. Let's keep our conversation here as this is probably most visible to folks experiencing the same as we are.

 

I am happy to talk to you on the phone if you want. That may make this all easier to explain.

 

You update the DS-160 online. Our lawyer helped us with this. I encourage you to do the same. This was the form you filled out immediately before the medical/interview. Your fiancee would have brought the confirmation page with a bar code printed on it to get admitted to the consulate for her interview.

 

The problem that held us up was paying the DS-160 fee again ($185 I think) - this expired after 12 months. The first time it was easy to do that through the appointment scheduling website. But there's no way to do it a second time. The website thinks you're still at the "go to the interview" stage and there's no way to reset it.

 

You are correct in your summarization of the documents needed, at least in our case. And yes, the process I encourage you to do is first the medical, then go to the window with the documents and hope that saves you from going back a third time.

 

What happened to us was that we went  back to Jaurez to retake the medical and had no idea what to do next. We went to the info window the day after the medical retake and they told us to go home and gave us info that made us think we could sort it out. Turns out we couldn't do that (back to the DS-160 repayment block). It took me doing the public inquiry to the consulate to figure out we had to go back for a third time.

 

So what I want to tell you is to come prepared given what we learned. Be prepared to bring those documents to the info window the day after the medical retake (currently only open Tuesday and Thursday mornings). Pay the DS-160 fee again inside the consulate. And then go back outside to the window again and drop off the documents.

 

Hope this helps. If you want to chat, send me a DM, we can talk.