Fiance Visa Denied

[djlk 0]

I have a K-1 visa that had been approved and we went for the physical examination. During this time, my fiance admitted to taking drugs about 3.5 months before the examination. This means that her system was definitely clean although she admitted to taking the drugs. They had denied the fiance visa and we were told to come back in 1 year from the last time she took drugs. My question is how serious is this? Meaning when she comes back clean in one year, will she still be able to receive the visa or could they deny her again for this? Is there anything that we can do to take the medical examination sooner than 1 year? Her return date is now August 2013. Has anybody gone through this? Any help would be much appreciated.

Regards

[ca_babe 129]

I have a K-1 visa that had been approved and we went for the physical examination. During this time, my fiance admitted to taking drugs about 3.5 months before the examination. This means that her system was definitely clean although she admitted to taking the drugs. They had denied the fiance visa and we were told to come back in 1 year from the last time she took drugs. My question is how serious is this? Meaning when she comes back clean in one year, will she still be able to receive the visa or could they deny her again for this? Is there anything that we can do to take the medical examination sooner than 1 year? Her return date is now August 2013. Has anybody gone through this? Any help would be much appreciated.

Regards

I've read that they need to be tested every quarter. Please see this post, http://www.visajourney.com/forums/topic/390006-help-w-denial-positive-drug-urine-test-stupidity/.

This poster was granted a visa after 1-year after being tested clean. http://www.visajourney.com/forums/topic/394891-approval-after-1-year-drug-testing-poe/

> Is there anything that we can do to take the medical examination sooner than 1 year?

I highly doubt it. You can try to get a waiver and let us know if you were approved or not.

[aaron2020 11,651]

I have a K-1 visa that had been approved and we went for the physical examination. During this time, my fiance admitted to taking drugs about 3.5 months before the examination. This means that her system was definitely clean although she admitted to taking the drugs. They had denied the fiance visa and we were told to come back in 1 year from the last time she took drugs. My question is how serious is this? Serious enough to warrant a one year ban. Meaning when she comes back clean in one year, will she still be able to receive the visa or could they deny her again for this? If she keeps using drugs, then she could be denied again. If she keeps away from drugs, her drug use will not be an issue. There is no guaranteed that she will receive a visa because there may be something else that disqualifies her. Is there anything that we can do to take the medical examination sooner than 1 year? No. Her return date is now August 2013. Has anybody gone through this? Any help would be much appreciated.

Regards

Sounds like your fiancee got a one year ban for drug use. There is no way around this. If she keeps clean, drug use will not be an issue next time.

There is nothing to do except wait for the ban to expire.

Someone will inevitably bring up a hardship waiver. However, it is rare that anyone can show not having their foreign fiancee come to the US would create a hardship. Mere separation and heartaches are not sufficient. So, a hardship waiver is not a realistic option in most cases.

Edited October 30, 2012 by aaron2020

[djlk 0]

Sounds like your fiancee got a one year ban for drug use. There is no way around this. If she keeps clean, drug use will not be an issue next time.

There is nothing to do except wait for the ban to expire.

Someone will inevitably bring up a hardship waiver. However, it is rare that anyone can show not having their foreign fiancee come to the US would create a hardship. Mere separation and heartaches are not sufficient. So, a hardship waiver is not a realistic option in most cases.

Thank you so much for the information. We will most likely wait one year and get her tested quarterly. I appreciate the quick responses. Very helpful!

Have a great day.

[epsonderby 85]

I can't remember the members in question but it is something that has been successfully overcome according threads I've read in the past. Just ensure that your fiance stays off drugs and adheres to any testing requirements laid down by the embassy. Should they complete the mandated year-long wait and successfully pass the medical, there is every reason to assume you'll be good to go.

[aamirpearl 47]

Sorry to hear this, but at least its only a ban for one year ..

[Stephen + Elisha 92]

You also need to keep an eye on the I-129F approval date (NOA2 date) and keep in touch with the consulate; the I-129F approval expires one year from issuance, but the consulate can extend the validity.

[Pinkrlion 2,610]

You also need to keep an eye on the I-129F approval date (NOA2 date) and keep in touch with the consulate; the I-129F approval expires one year from issuance, but the consulate can extend the validity.

Those who were issued a ban, have to apply again. If I am wrong, please correct.

Edited October 31, 2012 by Pinkrlion

[djricky4 67]

I have a K-1 visa that had been approved and we went for the physical examination. During this time, my fiance admitted to taking drugs about 3.5 months before the examination. This means that her system was definitely clean although she admitted to taking the drugs. They had denied the fiance visa and we were told to come back in 1 year from the last time she took drugs. My question is how serious is this? Meaning when she comes back clean in one year, will she still be able to receive the visa or could they deny her again for this? Is there anything that we can do to take the medical examination sooner than 1 year? Her return date is now August 2013. Has anybody gone through this? Any help would be much appreciated.

Regards

Im really sorry to hear. you will have to re file the petition when you are sure that she is clean. good luck

[LIFE'SJOURNEY 970]

You will have to reapply, the K1 applicaion has an expiration date.

[SteveKarlaMayer 21]

Guys, does this drug means 'harmful addictive drug' such as cocaine, marijuana etc?

[aaron2020 11,651]

Guys, does this drug means 'harmful addictive drug' such as cocaine, marijuana etc?

Does not need to be harmful or addicitive drug. It just has to be an illegal drug. Cocaine and marijuana use are both illegal in the US and most other countries.

[jose_leti 7]

Does not need to be harmful or addicitive drug. It just has to be an illegal drug. Cocaine and marijuana use are both illegal in the US and most other countries.

if your applying for a fiance visa why would your fiance use drugs knowing that they need to be clean? good luck. that sounds like a tough one

[NY_BX 397]

if your applying for a fiance visa why would your fiance use drugs knowing that they need to be clean? good luck. that sounds like a tough one

Exactly

Not only is insane, it's disrespectful to the petitioner. After spending all the time, money and efforts the beneficiary engages in behavior that will jeopardize a visa approval.

The OP will have to go through this all over again- spend the money- and hope for the best. Really sad.

[SANDY AND HAMZA 4]

IF YOUR FIANCE KNOWS THAT SHE IS HAVING MEDICAL EXAM AND SHE HAVE INTERVIEW FOR VISA , THE QUESTION IS WHAY SHE DID USE DROGS, IS SHE DAM OR WHAT , BECAUSE THATS HOW SOUNDS TO ME !!