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will a k1 denial affect the verdict of a I-130 petition for alien relative

We applied back in 2007 for a k1 and was denied because my wife (then fiance) was honest and told them of some past usage of drugs on (3 occasions to be exact). And so they made us wait 2 yrs and do various anti doping exams and take some drug adict class during the 2yrs until we could reapply. And we did all what they requested. But during that time we got married at the us international bridge in eagle pass tx. So with us getting married that changed the requirments so we started applying for a I-130 in 2010. will the denial affect us at the interview? or will it really not show up on record beacause of it being a whole other case?? We hired a notary public that handles immigration cases to handle our case and she said it wouldn't affect but I just wanted a second opinion

rl_2205

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Phil's picture

Previous Visa Denials for Substance Abuse

Thanks for posting this question. This is a common issue. It sounds like your wife was found inadmissible for non-experimental drug use for which there is no waiver. Since she was found inadmissible on these grounds before she will have to establish that she is no longer using drugs and is in remission. It will show up on the record and it will have to be addressed at the interview. Whether on not it affects your case will depend on if you are able to establish that your wife is no longer using drugs. These are very tough cases and must be well documented. If you apply again and your wife is found to still be inadmissible for the same reason you will have to wait another 3 years to apply. I would seriously caution you from using anyone other than an experienced immigration attorney to assist you with this case--I doubt you want to wait another three years. Hope this helps.

?

so do think with us having the anti doping exams and a certificate stating that she attended anti drug classes and speeches will it be enough to convince the officials that she is drug free? what are our chances of approval and will the offical really focus on our past application to get a verdict? what do you suggest i could really use your opinion and help.. we calculate our interview being in late march early april.

Phil's picture

I really can't say without

I really can't say without looking everything over. It really depends on the nature of the issue originally and the strength of the evidence you provide with the new petition. The burden will be on her to establish that she is no longer using drugs and is in remission. I can't tell you whether or not the documents you have described will accomplish that. I really think you'd be making a big mistake if you don't hire an attorney to assist you with this--there's just to much at stake to risk it I would think. If you decide you like some assistance with your case you can email me and we can discuss it privately. I could also refer you to an attorney in south Texas if you'd prefer someone local.

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