HanaBel

So can anyone clarify, should you or should you not admit to using marijuana?

Assuming that you indeed use it of course, and that you are able to stop using 1 month in advance to "clean" your system.

It seems that admitting to any use is a problem (even if just once in the past or anything).

I would love some clarification on this.

Never lie - that is the golden rule. And that is what everybody here will tell you.

Now, for volunteering information, that is another matter. So I think the best advice would be if they don't ask, don't tell. If they do ask, don't lie. Misrepresentation is a lifelong ban.

So happy to hear that!!!! <3

Good news about the I-877. Now, make sure that you have not misrepresented yourself on that statement, as well as that there is no mention of expedited removal on the form.

You still need to "overcome" your marijuana use count, which may or may not make you inadmissible.

Yes, these tickers are awesome!

There is no mention of expedited removal and I was very careful not to misrepresent myself. I disclosed my future intent and was very honest about everything (including the marijuana, unfortunately. But he did ask specifically). I know that lying to them is a big, big no no.

Robert talked to an immigration attorney yesterday, who confirmed what I was thinking and you guys saying - no tourist or other visa for me in the foreseeable future or possibly ever. And he was concerned about the drug use, but seemed fairly confident it can be done, and maybe we will have to file a waiver.

Anyway, I decided to be proactive in that matter, since this cat is very much out of the box and alive, and I have an appointment with internationally accredited psychologist in two weeks to get an assessment for drug use/abuse, plus I intend to do drug tests to prove that I have been clean and not using anything.

The good of this all is that my bf finally yelled at his divorce attorney, as all this is fairly premature untill we can even file. There is a court date with motion for bifurcation on June 17th, so fingers crossed and prayers to all the gods out there that it will move forward.

An interesting point the immigration attorney made was that in an election year, if democrats are in power, they push USCIS to issue new citizenship in order to boost the electorate with latinos and so any other issues get slower, as there is less manpower available. Not sure how true that is, but it was an interesting notion.

I may have to get a ticker, too although for now probably a depressing one counting from the day I was refused

If you were given I-877, then this indicates withdrawal of application for admission, no expedited removal/removal proceedings, and no 5-year ban.

If you were given I-867, then this indicates expedited removal and carries a 5-year ban.

Just came back and checked, big sigh of relief as it is I-877

I am only now starting to feel like a full human again, and I have just briefly looked before, assuming that it was the same number. Ok, one bullet ditched

Btw I love all the hearts under your posts!

Sounds like you were allowed to withdraw your application for entry rather than deported.

Yes, it just says refused entry (and I think the form I was given is I-877 - just a copy of my sworn statement, not a paper I was filed separately). It states nothing about a ban, nor does the stamp in my passport.

That carries a 5-year ban.

How would I know?

I'll repost, as my previous post was mangled and I don't have permission to edit it now.

That carries a 5-year ban.

You have drug use on record now.

You can live anywhere within EU, in this case.

Actually, it is just I-187, no A, and since I was not removed, just refused entry, I believe there is no ban involved. It doesn´t state so on the form either, it just says I need to apply for the proper visa next time.

I am aware of the drug use issue and you can see my post about that in a new topic from today. I know I screwed up, as you can tell from my post.

And I am an EU citizen as well - so yeah, Europe would be the simplest. Let´s hope it does not come to that.

Thanks for your responses, though.

but I got refused two days ago at LAX aThe refusal was based on me not being a bona fide visitor,

This will have affect on a K-1 petition.

Can you elaborate? I thought it has no bearing.

Hello everybody!

I am way ahead of myself, as we have not filed the K-1 yet (wating for a lengthy divorce to be final), but I got refused two days ago at LAX and admitted to very occassional (10-15 times throughout my life) past use of marijuana, which is legal in my country. And I have not done it in the past 5 years. The refusal was based on me not being a bona fide visitor, not the marijuana and I stated in the record that I have never done it while in the US.

I know it is a big issue and will probably result in a year ban, but following a case here (Link:http://www.visajourney.com/forums/topic/466188-past-mental-health-and-drug-use-problems/),I decided to be proactive and obtain voluntary drug tests and assessments from psychologists, as well as letters from friends.

I am hoping to establish and prove a full remission prior to the future medical, to deal with the health based inadmissibility. And I have never been charged and have not committed a crime related to controlled substances in whatever country I was in.

I have found these two that are very helpful:

(this one was shared here) http://www.cdc.gov/immigrantrefugeehealth/pdf/mental-health-pp-ti.pdf

and this article:

http://www.nolo.com/legal-encyclopedia/will-legal-use-marijuana-make-applicant-immigration-benefits-inadmissible.html

My question here is, when I get to filing the DS-260, do I say yes to previous drug use and explain it was rare, recreational and I have established a remission and no to Have you ever violated, or engaged in a conspiracy to violate, any law relating to controlled substances? Does that sound right?

Thanks for any insights.

People that filed in March are being approved currently.

Question re forms and disclosing marijuana use.

I did disclose previous use when refused entry, so it is in my record (and I have an A number now). However, it is not illegal in my country.

So, looking at DS-260 there are two questions:

Have you been a drug user under medical and

Have you ever violated, or engaged in a conspiracy to violate, any law relating to controlled substances?

I assume the answer to the first one would be yes and to the second one no, as I have never violated any law of the country I was in. Does that sound correct?

Ok! Thanks for the information. Obviously I won't relax until I have the visa in hand, but now I understand better about what he meant by being drug tested again here. I thought they might randomly ask him to come in, but it makes more sense that it will be when we apply for AOS. Either way, it's a non-issue, he will remain substance free without any problem at all, and would have even without all of this. I can't wait for this stress to be over and to just focus on the baby

His status is now listed as "Ready" as of May 10th so we are just waiting for them to give us the interview date.

I am so happy to hear that!

i admitted past marijuana use (not current) when I got denied entry, May 15th, so I know this will come biting back. And it is great to know there is a way.

Crossing fingers and hoping for good news from you soon!

I like you, OP. The light-heartedly way of your responses, even to the snarky comments... And your review of the "hotel".

I really hope things work out for you and your bf.

Una Mexicana

Awww...thank you. <3

Well, there is nothing to gain in being aggressive or negative. It is what it is, I know where we stand (relationship-wise) and we have a plan to move forward.

Now, the divorce needs to be finalized soon. Anything before that is just meah...

Shame you could not review on Tripadvisor.

Or can you?

Hehe, I could try

Btw I think it's really stupid that they send you to a detention center. I would be happy to pay for a hotel at the airport and it's not like I would run away into LA without my visa. Also the ban to use phones or anything is kinda silly. But I understand. Again, I hold nothing against them taking me out. Just a few suggestion on maybe improving the treatment

Were you served a I-867A form?

Yes, I was.

And I realized I was big ### fat stupid, when the officer asked me about drugs. I said no. He asked about marijuana and I admitted to smoking in the past, but saying it is legal in my country. (which it is) However, I was refused "because I do not appear to be a bona fide visitor", not because of using drugs in the past.

So...I guess B2 is totally off the table now And I don't think i want to go through another 56 hours of long flights and even longer waiting time in the miracle case I get approved for visa but stopped at POE due to past admission.

Now, I have not used marijuana for about 5 years, but since it is on the record, I will now have to disclose it every time, I guess. I searched through here and I know it can lead to a 1 year ban on the K-1, but I plan to be proactive and get tested on my own (to prove that I have been clean prior the medical) and get character letters from people within and outside the US. It shouldn't be a problem to get those. I can also list my past employment - I worked for the Czech government. I think I may even apply for a security clearance on top of getting a clean criminal record (I have never been arrested or interrogated). It may add some extra money, but I will do whatever it takes to be with my man

Anyhow, according to my research, my use does not fall under Class A condition.

This is just so so stupid, but he asked a direct question and I couldn't lie, nor did I think it would be a big issue since it is legal to smoke in my country. Well, lesson learned.

So I just added one more ####### hurdle to our process. Hopefully it will turn out to be OK, my bf is talking to an immigration lawyer tm so we will have more on this.

And we discussed potential other countries to live in He has dual citizenship, UK and US.

Can your bf visit you in the Czech Republic in the meantime?

Yup, though not for as long and as much as I could visit him in the US, due to business. We already planned for him to come here at the beginning of July for about 12 days.

And I assume that would be one of the arguments against the visa, too - why doesn't he visit me.

hard evidence: love is blind!

Hehe, I did have a fair share of love blindness in my life That one was not a cheater when I met him, nor was he married. But he was a cheater when i left him.

Anyhow, if I was looking for relationship advice, I would go to a women's magazine column, or a blog.

I am sorry, I wasn't trying to be rude but just to remind you not to fall for somebody who isn't worth your time and youth.

Ladies ALWAYS assume they are special and different, but no one is an exception when it comes dealing with unfaithful men.

And someone will ALWAYS assume that ladies are naive little creatures that need to be warned against evil cheating men. Trust me, I know what I am doing when I am betting on this horse.

nope. don't waste your money and applying for a B2. wait till the divorce is final and then file for K1 or spouse visa. but mind you, by then he mind found another girl around the corner of a street. If he could leave his married wife for a random stranger found on the internet, he could leave you for somebody else in a heart beat.

We did not meet over the internet, but in person and then we kept talking onlin. After spending all that time with him, I am pretty certain of our relationship and how much money he spent on the divorce while he could have just as easily not divorce at all. Frankly, I think it is quite rude to assume this when you know nothing about our relationship.

But thanks for the insight

You spent almost 70% of your time in the US in the last 19 months. Sounds like you were bitten by the Love Bug and lost track of time.

Interested to hear about the night at the detention center. Hope it wasn't too bad for you.

That's very nicely said (and accurate )

They told us (there was another guy from the Netherlands who ended up on the same flight as me) that they will pick us up around midnight and take us to the detention center. Nothing allowed (they took my scarf and his shoelaces) and they said it will be cold. When the two officers arrived, they were quite civil, explained that they know we are not criminals, but that they help the CBP out. They put us in a police van (crazy metal thing like from a movie) and drove us about 30 mins downtown. We got searched and each put in a room of approx 22x25 feet, metal benches all around, two phone boots, two toilets (open, of course), crazy loud A/C and not loud enough TV, plus permanent light. The longest 5 hours of my life, I can tell you. I read all the posters about 5 times. The nice thing was that we got some good snack (sandwiches, banana, apple juice) which was a nice change from ramen noodles at the airport. And that I was alone in the room. Otherwise - I wouldn't recommend this hotel again. Neither their limo service. To loud inside, although I guess the bullet-proofness makes up for it.

I did some math (my sleep deprived brain needs exercise) and in the past 570 days (since October 2014) I spent 384 in the US. Which is just below 2/3. Actually only one trip was 80 days, they avarage at 70. How could I forget to count when I did so very meticulously at the beginning, I don't know. I have myself to blame for not being stricter when my boyfriend wanted me to come as soon as possible and if I said I was going to stay 6 weeks he was very dissapointed. It was a timed bomb and I just didn't realize how close to explosion it was.

If I want to get back to "equilibrium", I need to spend about 4 months here. So now I will do the persuading to stay longer and come back sooner , as the ball is on his side now.

We will talk to an attorney, too. And see what they think.

But thanks a lot, to all of you. <3

The CBP officer at the airport is not the one who makes the decision as to whether you are approved for a visa or not. He will tell you anything to calm you down when you're upset at being denied and about to be shoved into a detention centre and deported the next day. He will probably never see you ever again.

Your chances are slim. You had a privilege that many in the world don't have - the VWP - and you abused it. Why would they grant you another privilege?

But it's worth a shot. Only costs $160 to find out.

$2000 for 10 days work is not a lot, in my opinion. And I don't think the interviewing officer at the embassy will think it is either. Especially when you are financing lengthy overseas trips and long periods of unemployment. That actually makes you look like you have even less reason to return. If you were making ten times that it would be a reason to return.

Thanks for the insights I am aware of how just the move was and that I would probably not get the tourist visa. As I said, I just wanted to run it by you guys here, to see how much sense the guy was making. I am not naive and when he insisted he tried to help, I know he maybe faintly tried at best.

Just FYI, $2000 is twice the average montly salary in the Czech republic, these things are very much country dependent, as you cannot compare wages and living expenses between countries. My yearly earnings (above local average) are somewhere between $10-15 thousand. I know it's not a lot in the US, but is above decent here. (We are a "poor-er" country ) and I think Czech embassy would know that.

Anyhow, my boyfriend is covering for the trips and all expenses in the US. My montly obligatory payments (social security and health insurance) are more than covered by what I earn inbetween.

The issue here is that I do not want to have a reason to return, but I will as I want to be compliant. Which they could believe or not. Most probably not.

So we will keep fingers crossed for a speedy finalization of the divorce and the K-1. And I may give the B2 a shot, as it is clear this will not influence the K1, right?

She said she can't even remember the dates but between 60 and 80 days each trip. 5 trips. I'll say the 80 days is the more likely story so that's 400 days in an 18-month period. More than two-thirds in the USA. Likely she needs to speak to IRS also as this will be of interest to them.

I have the dates and it amounted to yes, about two thirds of 2015. With all that was happening with divorce and getting easy access previously (I seriously got incredibly lucky and I am aware of that) I got reckless.

I know I abused the VWP. And being an active reader at this forum way before becoming a member I also assumed my chances at getting a B2 are very slim. I just wanted to run it by you, guys.

As for the IRS - it's the past three years that count and it has to be a portion of all of them, but yes, I assume I will have to file a tax return in 2017.

I suspect the 80 days is closer to the mark which makes a total of 400 days. That's some brilliant freelancing that allows you to take 400 days off in an 18-month period! I assume you have not been working in the USA during your visits?

I do get really well-paid jobs while I am here (my most recent one brought me about $2000 for ten days work) as translation and interpreting is well-paid. I always brought a letter from my future client, stating when and why I go back (like translating at a film festival). So that covers my expenses here. Plus if I need, my boyfriend sends me some money, too. In fact, my yearly income has not changed much despite the fact that I spent a lot of time abroad. I just work more intensely in short periods of time.

I do not work in the USA, although I help my boyfriend with administrative stuff, like filing papers or helping with a jammed computer or printer as I am more skilled in IT than him. But that is more like doing laundry or cooking, or at least I assume, since I am not using my skills. Who knows, maybe it would be a big no no as well.

My expenses here are almost very low, too. I was getting ready to leave, so I have no flat (rental or own) and I stay with my parents. That I think would definitely be the issue with getting a B2 - no ties, except for my dog who is still here.

I was really surprised when the CBP officer said I should apply for a tourist visa and it should be absolutely fine, when he knew all the info (with us wanting to get married).

Do you think it would be a good idea to call the embassy and ask? Robert is going to talk to an immigration lawyer, too.

Hello everybody!

First I want to thank you for providing me with so much great insights on immigration!

I found myself in a bit of a pickle through my own fault actually. Yesterday I got refused entry from VWP. I stayed too long last year and this year and frankly, I was surprised I never even got into secondary before (five visits, varying from 60 - 80 days since October 2014). I know they did the right thing, although the night at a detention center (just a procedure, they do not let you stay and wait overnight at LAX) was rather unpleasant.

To give you some background - in April 2014 I met my boyfriend, who came to Prague. We fell in love. He was married. We met after three months of relly intense online communication, for a week in China. In September 2014, he filed for divorce and I got my ESTA approval in August. Since the divorce takes place in California, we thought it will be anywhere between 6 months, or 9 months tops, to get at least bifurcation. Well, it has not be finalized yet and although the other side has been saying they agree to the bifurcation in principle, we are now more than 19 months in a nothing much got resolved. My boyfriend's lawyer filed a motion for bifurcation, and the courtdate is June, 17. So hopefully that will move forward. We plan to file for K-1 as soon as he has the paperwork in.

As a result of the prolongued situation, I have been travelling through VWP much more than I anticipated and since I never got questioned at POE (LAX), I kinda forgot to count the months in and out (which I did at the beginning). Again, I know they did the right thing and both the officers that interviewed me were borderline letting me stay. I was honest, told them what the plans are, told them that I am a freelance translator and work when I am home, that my boyfriend pays for me when I am in the US.

The second officer, the one who interviewed me in the "waiting" area, said I should apply for a tourist visa, that it is much more suitable for me. Just tell them what I told him and it should be easy. Now, as far as I know, they do not give B2 visas to girlfriends of US citizens very readily. Especially after being denied entry (I do have a stamp in my passport of being refused).

My question is - shall I even try applying for B2?

If so, what documents do you think I should bring as support? I can show them that I can support myself in my home country (bank statements and invoices for projects I did when I was there, business registration, tax returns), have a letter of my BF inviting me and stating that we will not get married while visiting on a B2, that we will apply for K-1 when eligible, maybe a copy of the divorce papers...

I know I will stay home for at least two and a half months, probably more, and my boyfriend will come to see me at the beginning of July. Depending on the state of affairs, I would plan to visit for 2-3 months from July, as I would go back for my K-1 visa. I have stated honestly that I do intend to immigrate later, but it is not possible now and intend to continue saying so.

Thank you for any insights.

Hana