General Question

jojolibrarian74's avatar

Is it possible to marry a foreigner who was denied a visa and cannot apply for three years?

Asked by jojolibrarian74 (1points) December 20th, 2009

I have a boyfriend who lives in the U.K. He had applied for a visa to visit the United States back in September. Due to a prior arrest (no conviction) for marijuana usage, he had to submit a drug test. They had found extremely small traces of marijuana in his bloodstream and he was denied the visa b/c they said he was a drug user. Now, my boyfriend isn’t a drug user. Six weeks prior to the test, he was out with some friends and he made a mistake. He is a former Gulf War vet who has had medical issues with fibromyalgia as well as other symptoms, while the pot was not for medical use, it helped him.

I am not condoning what he did, nor am I making an excuse for him. The fact he got denied the visa over this did make me upset with him. However, I don’t think that he and I should be punished for three years because of it. We wanted to get married this year. I can only see him a few times a year and the thought of a three year long wait upsets us both. So, my question is, if I go visit him and we get married in the U.K., will that make a difference as far as him gaining entry into the U.S.? Thanks for answering.

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6 Answers

JLeslie's avatar

I do not know the real, legal, answer to your question, but I will tell you what I would guess.

I am making no judgement on what your fiance did, but I would think it would not matter if you get married. The government already has a file on him, and I don’t see how getting married will make a difference. My husband was in the US with a working Visa, and then when we got married he had to take a whole bunch of medical tests. I think even though he had been here and good standing, and we were married here in the states, if he had come back positive for TB or HIV we would have had some problems (from what I understand Obama is trying to get rid of the HIV rules that are now in place, I am not sure of all of the current rules, or what he wants).

Anyway, my point is, at any time in the process if they feel like the foreigner should not be admitted to, or given status to be in the country, they can make him/her leave.

Personally, I would probably not want people let in after being denied, assuming the denial is for a good reason. I guess one could argue it was not a good reason, but I have to wonder when he knew so much was on the line, how could he screw that up? If he was taking medically prescribe narcotics they would prbably overlook it I would think? I am guessing though. Since he has a medical condition.

jojolibrarian74's avatar

Yeah, I had visited him a few months before and the trip with the visa was spur of the moment. We had decided for the visa after the incident. I know “on paper” the incident sounds worse than it is. He really is a responsible man, just made a mistake at the worst possible moment. Thanks for the response.

JLeslie's avatar

Your one hope is that the left still doesn’t know what the right (I don’t mean political parties, I mean the expression) is doing in our government a lot of the time.

jojolibrarian74's avatar

lol one can hope. Thanks again.

YARNLADY's avatar

Marrying a U S Citizen does not automatically entitle a non citizen to receive a visa. You can talk to an immigration agent, but I doubt there is much chance. Perhaps you can move to his country.

Darwin's avatar

You can marry him, but he still can’t re-apply for a visa for three years. In any case, the UK can be a great place to live. Have you considered moving there?

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