Enomik

Good morning members:

All your responses are appreciated. The member's that went off topic please respond only to the questions I asked in my initial post. He was told to schedule another interview with the US Embassy in Jamaica. Hopefully in the next 2 months or so I can provide an update. Thanks again for all the useful insights.

Enomik.

Hello: 

I am a us citizen. Met my fiancé 4 years ago. Applied for a K1 visa for him to leave Jamaica in Nov2015. He had a tourist visa and overstayed on it. He tried to renter the the US in 2015 and was deported and told to file a 212 for permission to re-enter the US. At his first counsular interview in Jamaica for the k1- visa, they told him to file the 1-601 and the I-212 (we filed them). He went in for a second interview where he was told that he failed the initial psychological assessment because he admitted to smoking marijuana recreationally, he was instructed to do a second medical, now a year later. Medical was done but the ceac website has the k1 -visa status as "transferring in progress". The final decision was made on the I-601 and I-212 as "Denied" for overstaying and for drug abuse. The Jamaican US counsulate called him to schedule another interview again for the K1-visa. If USCIS denied the 601& 212 can the Jamaican consulate still issue the K1 visa?

note: the I-601 for waiver of grounds of inadmissiblility was filed because of an arrest he had in the US (domestic violence charge) and was ordered by the judge to remain in the US until the trial was over. He was acquitted. All the documents were sent in. He smoked marijuana twice a day for years and stopped 3 months before both medical. 

All i want to know is regardless of the circumstance if uscis denies the 601 and 212 for an overstay of more than 180 and for being a drug addict or abuser can the pending K1-visa still be issued? And if so how come and what other options I might have?