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

[mallafri76 1,012]

Reading your post, I haven't once heard you say anything about how your husband feels about all this. He was ready to give up everything for you, yet now when the table's reversed, you're not ready to do the same for him...

Your kid is three years old, she will have no problems moving. Kids adapt soooo easily, especially when they're so young and you're moving to a country that speaks the same language. I've worked in the hotel industry for 15 years, I've seen Directors and General Managers come and go in the different countries I've lived in, they all brought their families along and I never saw any kids have problems adapting to their new country. My family moved twice when I was a kid, once when I was your daughters age and once when I was 8 years old, if anything it made me stronger and more adaptable to change. Sounds to me like you're the one that's scared of moving?!

I understand that you're worried about your elderly parents, especially in the US where you don't have the social safety nets we do in Europe but you must have know this was gonna be a possibility before you started the K-1 visa journey. I mean you did your research before starting the process, right?! You knew it was gonna be hard for your husband to get a visa with his two prior convictions. If you refuse to move to the UK, another alternative could be Canada. Your parents could move up to Seattle and you and your husband to Vancouver, that way you could live together as a family but you would be very close to your parents too, to help them out if needed.

Since you asked for our personal opinion, I'm gonna put it out here; When you marry someone you make a commitment to each other and that means doing whatever it takes for each other. I don't think it's fair on your husband or your daughter for you to refuse to move to the UK. You're basically splitting your family apart and keeping your daughter from her dad. You haven't even given the UK a chance, you haven't even tried.

[JFH 12,189]

I don't think the OP even wants help or advice. She's made up her mind.

But if she does decide this marriage is worth saving, she needs to give the UK a fair shake. As a nurse, she would be considered a "key worker" and would be entitled to various affordable housing plans. The pay isn't great in the NHS (I gave family members who are nurses and midwives so I know all about that) because we consider it a vocation here. And there are plenty of things to make up for the shortfall in pay. Family tax credits, subsidised child care, affordable housing, housing association homes, etc. After the divorce my mother raised 5 children on an NHS salary.

[LionessDeon 2,060]

^ this 100%

And shoot, my daughter would go to three different elementary schools if I move within a 5 mile radius of where I currently am. I'm literally two streets down from one school, one street down from another. Zoning for schools is incredibly tight in some areas, most people don't have the luxury of staying at the same school with the same people.

We're looking to keep her in this school until we can get a home and then her current school will work with her new school to make the transition easier. (She's special needs so it's not super easy to transition!)

Yes, and this could be a plus! She would get the experience and culture of another country while building a closer relationship with her father. I see ++ bonus here.

I went to 10 different schools in 12 years. I think it helped me to be more outgoing and adaptable to new situations. I have many friends from different areas in my city now because of it.

I have to agree. I personally do not see what extreme hardship this situation would qualify forms to why she could not move to the uk.

Yes that plus the available job prospects would be tough, but there are other hardships I suppose.

Hope it all works out for the best!

[tomyka81 95]

The USA view of marijuana and its penalty has changed. Really...... if the person took the time out to call you and point out a blivet in your file, that person may have written something in your file for the adjudicating team of 601s. Really though, You have only a few dollars to lose but everything to gain. You can do a waiver in advance of a petition if you know ALL the offenses. Good luck no matter what you decide

[Boiler 43,426]

The USA view of marijuana and its penalty has changed. Really...... if the person took the time out to call you and point out a blivet in your file, that person may have written something in your file for the adjudicating team of 601s. Really though, You have only a few dollars to lose but everything to gain. You can do a waiver in advance of a petition if you know ALL the offenses. Good luck no matter what you decide

No, no and no.

[tomyka81 95]

No, no and no.

on which part exactly?

[Pinkrlion 2,607]

on which part exactly?

Federal laws on marijuana has not changed, spend a day at a local courthouse. Those with marijuana charges get more years than sexual offenders. Also, you cannot prefile a waiver before a petition denial.

OP never filed for a I-130 that a denial allows for waiver. You cannot file a waiver with fiancé petition.

[tomyka81 95]

Federal laws on marijuana has not changed, spend a day at a local courthouse. Those with marijuana charges get more years than sexual offenders. Also, you cannot prefile a waiver before a petition denial.

OP never filed for a I-130 that a denial allows for waiver. You cannot file a waiver with fiancé petition.

I said view has changed. And the fact that marijuana offenses get more time than other more genius acts is the reason that the USA view is changing especially since some states are legalizing it. The waiver is discretionary in nature which means subjective. If you look on the very instruction document, it lists who can file and k1 is eligible because k1 will be presumed to adjust status. But the waiver is only good if the marriage takes place.

[Pinkrlion 2,607]

I said view has changed. And the fact that marijuana offenses get more time than other more genius acts is the reason that the USA view is changing especially since some states are legalizing it. The waiver is discretionary in nature which means subjective. If you look on the very instruction document, it lists who can file and k1 is eligible because k1 will be presumed to adjust status. But the waiver is only good if the marriage takes place.

That is state law not federal law, and marijuana or drug offenses in relation to immigration are decided based on federal laws.

[yuna628 9,528]

I said view has changed. And the fact that marijuana offenses get more time than other more genius acts is the reason that the USA view is changing especially since some states are legalizing it. The waiver is discretionary in nature which means subjective. If you look on the very instruction document, it lists who can file and k1 is eligible because k1 will be presumed to adjust status. But the waiver is only good if the marriage takes place.

A state's legal position on drug use has nothing to do with immigration law, which is in the domain of the federal government. It's illegal there and will most likely remain that way. If the federal government wanted to, they could enforce the federal laws within those states where it is legal, rendering it's current legality in that state null and void. The OP has a slim to none chance of getting the husband in this country, but she has options abroad. As a dual citizen, the daughter also has a right to see her father, and the mother has a visa to enter if she maintains it. I suggest she do that, before that is allowed to lapse and chances become even further complicated. Humanitarian reasons are also not strong enough.

[Villanelle 4,121]

It is often suggested to try to go back and get the original offense changed. Did the lawyers not suggest that?

[Boiler 43,426]

I think the reason for the recent confusing posts is that the whole thread has not been read,

[RN1234 2]

Thank you all for all of your advice. I have not responded because I kept getting bad news and it has been brining me down.

Final 2 questions:

1. My spouse due to all the rejections from the US has pretty much lost all hope and desire to come to the US now and now that I have been granted this uk spouse visa he pretty much wants me to come live in the uk forever!! Now that's a pretty hard pill for me to swallow.

I know I could handle a few years but forever is harsh!! So if you guys had to move forever what would you do??

2. Sorry one last thing: does anyone know of something called parole in place? It's for those that are in the military and come here illegally. Does anyone know if my husband would be granted parole in place? (Maybe I should ask this question in the military section)

[Anitafeliz 1,133]

Thank you all for all of your advice. I have not responded because I kept getting bad news and it has been brining me down.

Final 2 questions:

1. My spouse due to all the rejections from the US has pretty much lost all hope and desire to come to the US now and now that I have been granted this uk spouse visa he pretty much wants me to come live in the uk forever!! Now that's a pretty hard pill for me to swallow.

I know I could handle a few years but forever is harsh!! So if you guys had to move forever what would you do??

2. Sorry one last thing: does anyone know of something called parole in place? It's for those that are in the military and come here illegally. Does anyone know if my husband would be granted parole in place? (Maybe I should ask this question in the military section)

I would move forever if i financially could if the love was there. Englands a great country. If its a hardship and ordeal I wouldnt. Child or no child. You can send you child for visits in the summer if you choose to.

I dont know the second sorry :

[cdneh 3,112]

1. My spouse due to all the rejections from the US has pretty much lost all hope and desire to come to the US now and now that I have been granted this uk spouse visa he pretty much wants me to come live in the uk forever!! Now that's a pretty hard pill for me to swallow.

I know I could handle a few years but forever is harsh!! So if you guys had to move forever what would you do??

However, you do expect that he gives up his entire life, family, friends, and familiar places, and move to the USA forever. It isn't fair, and harsh, and a bitter pill for you to swallow, but somehow you believe that very thing is ok for him?

As far as parole in place for military people who got here illegally, no one on VJ is going to advise you on how to break the law. He isn't here, he can't get here legally. And what makes you think the Military would even take him if he is inadmissible to the USA. They have standards as well.

How would I move forward? I'd have already done it. You aren't being sent to a prison in the wilderness you know. If I were in your shoes, I would yank up my big girl underwear and deal with what it is, not what I want it to be, or think it should be. You've got a UK spousal Visa, use it.