Jump to content
RN1234

K1 denied and humanitarian denied x2 .need help please!!

 Share

72 posts in this topic

Recommended Posts

Filed: Timeline

Hi guys

I have a long story to tell, but I'm going to try and make it short. I really could use any advice available!!

Background info:

I'm a US citizen by birth, my hubby is British citizen by birth. We met in uk and fell in love. Had our first child in sept 2012.

Timeline of events:

January 2012: filed k1 fiancé visa the second I found out I was pregnant.

June 21,2012: fiancé visa denied at London embassy due to my hubby having 2 separate offenses of simple possession of marijuana less than30 grams. The offenses happened within 6 months of each other. The first offense which should of been a caution, didn't end up that way. The officers scared my husband he was 19 years old at the time of the first offense and he was young, had no money, parents at the time we're going through a divorce and he had no where to live. The second offense happened 6 months later, he was 20 years old. Both offenses resulted in a 55GBP fine and.

Sept 2012- filed visitor visadue to wanting my husband to come for daughters birth.....denied

August 2012- flew to London U.K. And got married at 8 months pregnant due to California law for those not married and having spouse present at time of child birth.

July 2013- filed humanitarian parole- denied

May 2016- filed humanitarian parole- denied

May 2016- before denying the humanitarian parole the second time, I actually received a phone call from the humanitarian department, and they called to ask me if I have ever filed an I-601 waiver and I said no. I never filed one because once the k1 fiancé visa was denied back in 2012 I consulted with many waiver guru lawyers including Laurel Scott and she said no you cannot file.

The HP (humanitarian parole) guy was telling me that you needed to file an I-601 waiver because I guess on the k1 rejection paper it says he is not eligible for a waiver but under that sentence it also says the " the final authority to grant or deny a waiver rests with the department of homeland security". The HP officer was pointing that out to me. Due to lawyers telling me no your husband will never get an I-601 waiver because he has 2 convictions for simple possession of marijuana, if he only had 1 then he would of been waiver eligible.

The point is, this HP officer was telling me that I should of filed an I-601 waiver.

Now my question is the k1 was denied back in June 2012. Is it too late to file an I-601 now?

I spent close to $17,000 on consulting with lawyers and the first humanitarian parole was filed by a lawyer, along with the k1 fiancé waiver, the second humanist rain parole I filed myself and if I do the I-601 then I will do it myself because I refuse to spend anymore money on lawyers.

I have faced so much grief and hardship as a result of my husband not being able to come to the US. I had huge problems during my pregnancy and my k1 was actually expedited due to my pregnancy complications.

not only that but I had really good arguments for the humanitarian parole and I was so upset to find out that it was denied. Years ago I called the DHS and they told me that after 15 years from my hubbys last conviction he is eligible to file an I-601 waiver.

Second question- is it true? After 15 years can my husband file I-601 waiver? Do we have to prove hardship again or can he just get it now because the 15 years have passed?

I am desperate at this point. It's so hard for me to keep traveling to the U.K., it's expensive and I work full time and I have other responsibilities here in the states with my parents and not to mention my own child.

My husband works for a very large American company in the uk and he has tried coming here through work, but the first step in any uk and US work transfer is to check background. So my husband had to back out of the transfer because he does not want to risk losing his uk job. In the eyes of his uk employer, his convictions are considered "spent".

I'm a critical care nurse, I have an amazing job and I have read in detail all the requirements to transfer my license to the uk. It's not an easy process, it's expensive and takes 1 year. Also once I get my uk nurse license most if not all of the nurse recruiting agencies and hospitals require you to have 6 months to 1 year uk nursing experience.

Please give me your thoughts. I am so sick an tired of being a single mom and working full time night shifts and taking care of my kid by myself.

From the previous posts it seems like all the approved cases of I-601 come from people that have spouses living in 3rd world countries. Now I don't have that problem, but I do have hardship.

I want to know now if my husband will ever be able to come to the US. Had either of us known that his 2 convictions for simple possession of marijuana was going to ban him from the US then we never would of gotten married and I never would of gotten pregnant. But neither one of us knew it was going to be an issue!!

Please help thanks!!

Link to comment
Share on other sites

If hp told you to file that waiver it wont hurt to try worse that can happen is they deny. I would file the waiver.

:girlwerewolf2xn: Ana (L) Felix :wub:

K1 March Filer 2016

Interview Approved August 19, 2016

POE September 25, 2016

AOS November Filer 2016

DISCLAIMER: Please excuse my ABC & Gramm@r I am not an editor...

Link to comment
Share on other sites

Filed: K-1 Visa Country: Wales
Timeline

I remember taking part in your previous threads about this.

Not sure we ever got to the bottom of why you filed for HP.

An Immigrant Visa, well nothing has changed. Did you subsequently file for him as a spouse? I assume if you did he was refused and advised by the Consulate that his offences were not waiverable.

Still remains possibilities on the non immigrant side, theoretically.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Link to comment
Share on other sites

Filed: Timeline

Hi boiler,

No I never filed for him as a spouse. I feel like filing for him now as a spouse would be a total waste of money and time. We filed for k1 in January 2012, he went for his interview in London and yes was denied there. They gave him a blue denial paper saying he was denied under Ina section 212(a) 2a2. It said on the paper that he is not eligible for a waiver. But like I mentioned earlier under that it also says, "the final decision rests on the DHS" .

I filed for humanitarian because I felt like there was no other option left for me. I'm having such a hard time mentally to deal by myself here. I have been living in this hell for over 3 years going on 4 years and I'm sick of it. Sometimes you get to your breaking point and I think I have reached my breaking point now.

I am not sure what you mean by immigrant and non immigrant visa. What would be a non immigrant visa?

Do you know if it's too late to file an I-601 waiver. I asked the HP guy if it was too late when he called me and he said he didn't know but that was what I should of filed back in 2012.

Link to comment
Share on other sites

Filed: Timeline

By non immigrant do you mean like a visitor visa? Well trust me we have been there and done that. We have tried twice for a visitor and both times denied. In order for my husband to get a visitor visa it needs to be recommended by the counselor officer and both times denied. Even when my husband asked for the decision to be sent to Washington for second opinion or something like that, the officer said she would not send it because they would denie it. So without the counselor recommending it then it's a total waste of time and stress.

Link to comment
Share on other sites

Filed: K-1 Visa Country: Wales
Timeline

For a visitor visa waiver he has to be otherwise approvable, seems that with or without the convictions they would not entertain a B.

I was thinking of an E or a L. L especially as he works for a US Company. Still tricky.

What was the idea behind HP, allow him to visit?

I seem to remember you ruled out moving yourself.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Jordan
Timeline

By non immigrant do you mean like a visitor visa? Well trust me we have been there and done that. We have tried twice for a visitor and both times denied. In order for my husband to get a visitor visa it needs to be recommended by the counselor officer and both times denied. Even when my husband asked for the decision to be sent to Washington for second opinion or something like that, the officer said she would not send it because they would denie it. So without the counselor recommending it then it's a total waste of time and stress.

a k-1 is a non-immigrant visa

Edited by mimolicious


Link to comment
Share on other sites

Filed: K-1 Visa Country: Wales
Timeline

a k-1 is a non-immigrant visa

For this issue it is effectively an immigrant visa.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Link to comment
Share on other sites

Filed: Timeline

HP is given sparingly for dire reasons as life & death, one cannot adjust from it but

I understand sometimes not even 20 is given annually.

The law passed by Congress is really no waivers for any CIMT involving drugs weed included

over 30 grams causes one to be denied & the CO strictly enforces those laws...There's no

I601 as the attys told you, the ppl within the agency tell you what they think not facts as the

attys who keeps up with ever changing laws....he could try to go back to UK court & get his

charges lowered based on an error (if they'll do it) will make him waivable....If not take a

mmigrant waiver breather plan to spend some time there with him , after a while maybe he can

apply for a D3 (non migrant waiver) for visit , or emergency, its temporary there is no AOS

from it & its the only waiver he could possibly get even after 15 yrs unless the law changes.The

D3 has to be recommended by the CO & many resist doing this on cases involving drugs

although USCIS law says they should still take the D3 app. even if they don't endorse it, but

at that point of course pushed to take it they'll suggest a denial to AAO

Go be with him & pause on immigration spending for a while, dud you change your

mind about being there, or speak to your Congressperson about the current law being changed

Edited by Jawaree
Link to comment
Share on other sites

Filed: Timeline

Boiler- so the idea behind HP was because I actually was approved for a uk spouse visa and I only have 30 days to move which the uk lawyer didn't tell me. So when I got the approval and found out it was nearly impossible for me to quit my job and move in 30 days, technically I had less than 30 days because it took 9 days from the uk to California for me to get the visa in the mail. So I filed the hp months earlier to allow my hubby to come for even a month and help me sort out my parents living situation because they are separating and assist me in my potential move. Emotionally having to leave my home, is going to be beyond difficult and having that support will be critical for me but once again it was a denial.

Both my parents are in there 70s now and my dad has had a couple of strokes he's handicap and my mom never worked in her life, my dad lost his business last year they both have no income except for my dads social security and the house they own. My dad filed for divorce from my mom, since his last stroke mentally he is really unstable and both of them cannot handle one another anymore. So it's been really hard because I'm practically the only real bread winner in the house. And I am assisting them to sell their house this summer so they can each have some money and part ways. It's really hard because my mom has no income and she can live off of so I was mainly supporting her financially.

Now to have to get up and leave to the uk and leave my parents behind and chances of me finding work before a year is slim simply because it takes 1 year to even get your uk nurse license and what's the chances I will find a job right after!?!

Those were all my humanitarian reasons and I had really good supporting documents from my dads doctors and physcholosist and I had their divorce papers in there and all of this has taken a big toll on me as well.

I have been living in depression since I have birth. I have completely changed mentally from the person that I used to be. I don't talk to anyone at work about my personal life or anyone in general. I have cut out all my friends because I can't stand the pain anymore. I just can't deal with this anymore. I am so mad at myself for getting in this situation.

The only reason I even did this uk visa is because my husband begged me to do it. He talks to our daughter on skype everyday and she misses him a lot and she loves him a lot and wants to be with her dad, so I can't keep on being selfish and keeping her here with me.

My husband has an ok job in the U.K. But he doesn't make enough money to support an entire family on his own, so clearly I need to work and earn money in the U.K. And that's one of my biggest fears is that I won't be able to find a job. A lot of Brits don't like Americans and there's not much I can do about that. Additionally the salary in the uk is so low. People in the U.K. Slave away at their jobs and make no money (as in my husbands case). It's sad cause as an icu nurse here I can completely support my child and husband just on my salary but he cannot.

It makes me mad that the US rather take out someone from the own country where they work and earn money and make them move to a place they cannot work.

You know what else makes me mad, the fact that there's all these illegal people that cross the boarders come to the IS and live happy in the US and some how eventually become citizens. I mean what the heck is that all about!! Here is my husband honest as hell about his past and look how it back fired against him!! Had he known, he should of just come on The visa waiver program and lied on the questions like everyone else does. Sorry for the rant.

jawaree- trying to go back and remove or lower the charge in the uk is not an option. I have lost thousands of dollars that way also. Because in the U.K. His conviction is already considered "spent" but in USA immigration it will always be there. Plus the U.K. Laws are dumb they have no post conviction relief.

I have never heard of D3 visa, but from what I just read about it, it seems like you have to go back to the embassy in your country and have another interview and the counselor has to recommend it again. Well if you have ever heard anything about the US embassy in London you should know what a bunch of jerks they are. So I have no hope in that either.

Basically what you all are saying is that even after 15 years we then cannot file the I-601 waiver? Even after 15 years he cannot come to the US?

I am asking because I don't want to move to the uk and up root my entire life and my kids life if he can't come ever in my life time!! I rather move on with my life as hard as it is and find someone else because I could possibly handle A few years in the uk but NOT the rest of my life. I'm American and this is my home not the ##### UK!!

Edited by Ryan H
Reason for edit: To remove profanity
Link to comment
Share on other sites

Boiler- so the idea behind HP was because I actually was approved for a uk spouse visa and I only have 30 days to move which the uk lawyer didn't tell me. So when I got the approval and found out it was nearly impossible for me to quit my job and move in 30 days, technically I had less than 30 days because it took 9 days from the uk to California for me to get the visa in the mail. So I filed the hp months earlier to allow my hubby to come for even a month and help me sort out my parents living situation because they are separating and assist me in my potential move. Emotionally having to leave my home, is going to be beyond difficult and having that support will be critical for me but once again it was a denial.

Both my parents are in there 70s now and my dad has had a couple of strokes he's handicap and my mom never worked in her life, my dad lost his business last year they both have no income except for my dads social security and the house they own. My dad filed for divorce from my mom, since his last stroke mentally he is really unstable and both of them cannot handle one another anymore. So it's been really hard because I'm practically the only real bread winner in the house. And I am assisting them to sell their house this summer so they can each have some money and part ways. It's really hard because my mom has no income and she can live off of so I was mainly supporting her financially.

Now to have to get up and leave to the uk and leave my parents behind and chances of me finding work before a year is slim simply because it takes 1 year to even get your uk nurse license and what's the chances I will find a job right after!?!

Those were all my humanitarian reasons and I had really good supporting documents from my dads doctors and physcholosist and I had their divorce papers in there and all of this has taken a big toll on me as well.

I have been living in depression since I have birth. I have completely changed mentally from the person that I used to be. I don't talk to anyone at work about my personal life or anyone in general. I have cut out all my friends because I can't stand the pain anymore. I just can't deal with this anymore. I am so mad at myself for getting in this situation.

The only reason I even did this uk visa is because my husband begged me to do it. He talks to our daughter on skype everyday and she misses him a lot and she loves him a lot and wants to be with her dad, so I can't keep on being selfish and keeping her here with me.

My husband has an ok job in the U.K. But he doesn't make enough money to support an entire family on his own, so clearly I need to work and earn money in the U.K. And that's one of my biggest fears is that I won't be able to find a job. A lot of Brits don't like Americans and there's not much I can do about that. Additionally the salary in the uk is so low. People in the U.K. Slave away at their jobs and make no money (as in my husbands case). It's sad cause as an icu nurse here I can completely support my child and husband just on my salary but he cannot.

It makes me mad that the US rather take out someone from the own country where they work and earn money and make them move to a place they cannot work.

You know what else makes me mad, the fact that there's all these illegal people that cross the boarders come to the IS and live happy in the US and some how eventually become citizens. I mean what the heck is that all about!! Here is my husband honest as hell about his past and look how it back fired against him!! Had he known, he should of just come on The visa waiver program and lied on the questions like everyone else does. Sorry for the rant.

jawaree- trying to go back and remove or lower the charge in the uk is not an option. I have lost thousands of dollars that way also. Because in the U.K. His conviction is already considered "spent" but in USA immigration it will always be there. Plus the U.K. Laws are dumb they have no post conviction relief.

I have never heard of D3 visa, but from what I just read about it, it seems like you have to go back to the embassy in your country and have another interview and the counselor has to recommend it again. Well if you have ever heard anything about the US embassy in London you should know what a bunch of jerks they are. So I have no hope in that either.

Basically what you all are saying is that even after 15 years we then cannot file the I-601 waiver? Even after 15 years he cannot come to the US?

I am asking because I don't want to move to the uk and up root my entire life and my kids life if he can't come ever in my life time!! I rather move on with my life as hard as it is and find someone else because I could possibly handle A few years in the uk but NOT the rest of my life. I'm American and this is my home not the ##### UK!!

You'll have to decide on what is more important to you. Being with your spouse or living in the US.

Not an easy situation, good luck.

Edited by Ryan H
Reason for edit: To remove profanity in quote
Link to comment
Share on other sites

Filed: K-1 Visa Country: Wales
Timeline

You'll have to decide on what is more important to you. Being with your spouse or living in the US.

Not an easy situation, good luck.

I think this is where we got to last time, you do not want to move to the UK, he can not immigrate to the US.

Which leaves the only option of perhaps a work visa with a waiver. Working for a US company makes that a possibility.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Link to comment
Share on other sites

Filed: Other Country: Canada
Timeline

Does it suck? Yep absolutely. The USA is serious on drugs and convictions. You say he should've just visited on vwp, that would've been denied as he has a conviction. Had he lied, it could've created even more issues for him, possibly a lifetime ban. Unfortunately America treats it as a crime and punishment situation.

Do you really want your marriage or to live in the USA? In sure that you could find a job while obtaining nurses certification in the uk.

Link to comment
Share on other sites

Wasn't there a person on here that wanted to move to Canada instead as they have a system to rehabilitate people who have drug convictions overseas to move there? Would it be possible for her situation?

K-1 Met:2002 Dating :2003 I-129F Sent : 2013-06-01 I-129F NOA2 : 2013-08-20 Medical: 2013-12-20 Interview Date : 2014-01-22 POE: 2014-02-19 Wedding: 2014-03-18

AOS/EAD Date Filed : 2014-04-04 BioAppt: 2014-05-13 EAD in Production: 2014-07-08 Interview date: 2014-07-14 Green Card received: 2014-07-19

ROC Date Filed: 2016-04-26 Cheque Cashed: 2016-05-10 NOA1: 2016-04-28 Biometrics: 2016-06-30 Approved: 11-08-2016 Green Card Received: 11-18-2016

 

Citizenship Date Filed: 2017-04-18 Cheque Cashed: 2017-04-24- NOA1:2017-04-21  Biometrics: 2017-05-19 Inline: 2017-07-12 Interview Date: 2018-02-13 Oath: 2018-03-15

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...