Prior Drug Use and the K1 Fiance Visa

Prior drug use by a fiancé applying for a Fiancé Visa can result in a denial. If your fiancé has a history of prior drug use, I strongly recommend that you consult with an experienced Attorney before filing your K1 Fiance Visa application. You need to be aware of the possible negative impact that current or prior drug use can have on your application and you will need to get good legal advice.

The Immigration and Nationality Act states that anyone who is a drug addict or a drug abuser is ineligible for a K1 Fiance Visa. Because drug abuse is essentially defined as the non-medical use of an illegal substance, this could very well include prior casual drug use.

The issue of illegal drug use comes up during the Embassy required medical exam and possibly during the visa interview. At the medical exam, the examining physician will determine if the beneficiary fiancé is a drug addict or a drug abuser. The fiancé will be asked during the exam if he or she is currently taking illegal drugs or has taken any illegal drugs in the past. If the fiancé has taken drugs in the past and answers truthfully, this admission can result in being denied your K1 Fiance Visa. Conceal your prior drugs use and get caught lying, and you will likely be denied your visa for dishonesty. Although this dilemma seems to have no simple answer, I would argue that it actually does.

My advice for anyone applying for a K1 Fiance visa who is a causal user of drugs is to immediately stop using drugs and to be honest about any prior drug use. Being honest is the only correct way to proceed. Based on my experience, I would say that most beneficiaries who are not currently using drugs, who have only occasionally used drugs in the past, and who are honest about their past drug usage, will likely be given a visa.

If you are planning to file a K1 Fiance Visa application and your fiancé has used drugs in the past, or you have questions about the K1 Fiance Visa process, you are welcome to call me anytime toll free at 1-888-515-3529.

Attorney Jeff Pettys