RN1234

For clarification purposes,neither my husband nor I knew that his criminal background was going to be an issue. We both have never dated people outside of our country and I was extremely clueless.

We had an attorney file our k-1 and she was told about my hubbys criminal past but she never said anything about it! After the denial she was shocked and she really had no experience with clients with criminal records. So all in all it was a big fat mess!!

Anyways thanks everyone for your opinions. I have been contemplating divorce for 3 years now and have yet not pulled the trigger so clearly there is love and hope there for things to work out.

I just desperately want my child to have her dad around 24/7 and I want us to love each other like we used to, but I guess one of my biggest fears is God forbid but what IF I go there and try my hardest and it doesn't work then what?

I left my entire job and high salary, security and stability and come back to nothing!! And start all over from ground zero again!! I mean to be honest this is the second time I would be leaving a job for my husband. I have done it once before and I just don't know how many more times I can keep doing this.

Anyways thanks for the advice. My parents don't want me moving they wanted me to divorce my hubby since 2013 so that's why I like to hear other people's perspective. But I'm going to put my big girl panties on and move for my child's sake.

Firstly I wasn't looking for any tips on how to come to America illegally. I just wanted to know if people on this website have gotten the parole in place.

Secondly, I really don't like the UK, no offense to the British people but I absolutely hate it. I won't go into detail why, but I do. I don't get the feeling of home there, it's too different and it's just so foreign. I don't want to offend British people so I rather not talk about it. Let's just say it's very backwards.

Thirdly, I do love my husband but due to all the years apart and immigration drama, I did build up a lot of anger towards him, I can't seem to let the pain go. Even when I am with him im angry and I don't even want to talk sometimes because I'm pissed off all the time with him. I went through a lot by having to raise my child alone and work full time and do literally everything by myself!!

I know most if not all of you would get up and move but it's easier said than done.

I have a life, an amazing career that I have always wanted, its so hard for me to move, the only reason I would do this is for my child. I will give it a shot and hopefully things work out. I hate hate hate having to leave my home.

But if it does not work out then I want my child to know that I tried for her sake. I rather loose it all for my child then not ever have tried at all.

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)

Thank you all for your opinions so just for clarification if I did reapply for my husband as a spouse and then have him get denied I would still NOT be able to file an I-601 waiver for him? Is that correct??

I do want to stay married to my husband, he's a nice guy, but the years of being apart and having to raise our child alone has made me build a lot of anger and resentment toward him.

Yes he makes enough money for he U.K. Visa to sponsor me but the financial requirement is so low it's only 18k GBP per year which is like $30,000 per year! So yes he makes more than that but it's so hard for me to just get up and move.

I am 30 years old and California is all I have ever known and this is where I pictured raising my kid. The U.K. Is so backwards and their NHS sucks. It's not the same healthcare you find in America.

So since all of you say the only way for him to come to America is maybe with a work visa then I guess we can try for that but I don't know any company that would want to hire a man with a criminal background and then have to sponsor him and deal with all the waiver drama.

I also forgot to mention that I work for the federal government, I don't want to mention where but I have reached a high place in my career and I am so happy because this is what I have always wanted to do and now to leave it all is so sad. I guess you could say maybe I don't love him enough and yeah that's probably true. I am angry with myself and I should of been smarter but we were both young and didn't know!!

I have a 3 year old child to think about because California is all she has ever known also. She's in school and loves it here but once again she misses her dad a lot. She asks to see him nearly every day and I don't keep her away. When we got the visa approved like I mentioned earlier we only had like 20 days to move and I told the lawyer I couldn't do that so he suggested just flying out for a few days just to get the visa stamped and collect the BRP card so I did that.

Now I have as long as I want to move and FYI my child is a dual citizen she was born in California but through her dad she is also a British citizen so the uk visa was only for me.

Thanks for everyone's advice! I know this might sound dumb, but what would you guys do if you were in my shoes?

Also does anyone know of any websites to find a job that sponsors people for H1 b visas? What are the chases of my husband ever getting a company to sponsor him and Then having to reveal he has a past which could hinder the entire thing!!

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!!

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.

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.

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!!

My husband hasn't gotten a hold of the lawyer yet. He had been calling him but haven't heard back yet. Once I hear something then I will post on here.

So what do you think are my husband's chances to get the H1?? Have you ever heard of anyone with 2 drug charges for marijuana getting an h1b??

My frustrations are higher than ever and at this point in my life I am nearly ready to throw in the towel with this relationship if he us unable to come here. I know that sounds bad but I can't take it anymore.

I also don't see why you guys think he won't be able to get a L1 (inter company transfer) visa? If his company decides to transfer him, why would he not be eligible since L1 visa also allows for dual intent.

My husband got a job offer from a colleagues friend of his that started his own company a few years ago and is doing financially very well, The company has grown and now could use my husband's expertise.

Sorry jan22 I had a typo...you mentioned the only thing that can't be waived by non immigrant waiver is 212a3.....do drug charges fall under 212a3?

Hi everyone thanks for your responses. So I have spent so much money on my husband's case and just before the holidays I paid Laurel Scott her consultation fee and consulted with her.

Pretty much what I have been told by her and every other well educated lawyer is that an H1 or L1 or E visa is pretty much the only options left. I was told H1 allows you to have dual intent meaning u can have family in Usa and come for work.

So jan22 I wanted to know even with the dual intent, why do you think he would have to show no immigrant intent under section 214b?? Because I thought dual intent means you can have a family in usa and that's ok.

Also why does he need to be denied first the H1 then file for waiver. Can't you file for the waiver along side the application given that we already know he needs a waiver.

The reason for doing an H1 is because if he gets the H1 then once in the states he is under different jurisdiction and other possibilities can open up for him is what I was told by laurel scott. She pretty much told me that if the H1 works then she can figure other options for him since uk does not offer any post conviction relief.

Laurel gave me a referral for a lawyer that does H1 visas. But now I am even more depressed and upset knowing that you guys think he won't get it.

Jan22 you mentioned the only things that can't be waived by then in immigrant waiver is 212a3 grounds....are drug charges under the 212a3??

Hi

I wanted to know what would be the chances of my husband getting an H1b visa with 2 charges at different times for simple posession of marijuana less than 30 grams?

We have been married for 2.5 years, I am a US citizen and he is a British citizen, we have a 2 year old daughter and have been living apart for all this time because he is unable to enter the united states due to the 2 drug charges, he is inadmissable and NOT eligibe for the I-601 waiver because he has 2 charges, not 1.

anyone have any idea if he will get approved for an H1b visa with a non-immigrant waiver packet??

he has an MBA works for a big usa company in the UK, well educated and made a stupid mistake when he was younger, his company is not willing to transfer him to usa until he has been there longer so he is not eligible for L1 transfer yet.

What do you think are the chances??

Hi everyone so I am trying to post my question on immigrate2us website since a lot of you had recommended that I do, but I cant seem to figure out how to post on there, can any of you help me??

does anyone know how to post on there??

Thanks, hope you are all well.

What about filing for a spouse visa then being denied and then just filing an i601 waiver?? Would immigration people even read it??

What seems to make me really angry is that for people with money or celebrities or other public officials the US immigration people turn their head and look the other way and let them in. For example Paul McCartney or Russell Brand or amy weinhouse they all have criminal convictions for controlled substances but yet are let into the US.

But when it comes to the average Joe like my husband it's always NO. I was also told by many lawyers that after 15 years from the last conviction he can then apply for a waiver. But since 15 years has not passed since the last conviction I must wait.

I sometimes just wish all this drama would go away. I love my husband very much but I just can't continue living a life alone and I don't feel it's fair that I have to drop everything I worked so hard for.

So is the D3 visa similar to humanitarian parole visa? Because I was told the humanitarian is for situations like caring for an elderly or hospitalization etc.

I'm off from work today so I am going to contact some of the Lawyers mentioned on here.

I really know in my heart there is no waiver for him unfortunately. I can tell you all one thing, I have a lot of apprehension moving to the uk.

A lot of you said that if you were in my shoes you would just move to uk. Well I have given it a try, when our daughter was born I quit my job moved to the uk with her when she was just 6 weeks old. I was having such a difficult time with my post partum depression, it got so bad to the point where I didn't leave the apartment for over 3 weeks.

I learned that I am no good to my daughter if I am not in a good mental state.

Anyways to clarify some questions on here:

My husband and I never did a marriage visa yet. We did countless number of be tourist visas and k1 fiance and the humanitarian.

We were advised by lawyers that the Humanitarian is the last option because I have the responsibility of taking care of my elderly father who unfortunately has suffered many strokes and is now semi paralyzed. So I was praying that this would go through but didn't.

The only option I was told I have now is H1 or E visa or L visa. The reason is because these visas have dual intent. Meaning you can have a family in usa and come for work or living etc. But other visa like tourist do not have dual intent.

Please offer any other advice.

Hi everyone I have been at work all day today (12 hour shift) just got home and have spent the last hour reading all the comments. And I appreciate everyone's comments and I am going to try and sort things out because to be honest I am still confused because it seems like the majority of you say that he cannot yet a waiver whcih is what I was told as well.

There are many reasons why I don't want to live in UK. I would prefer not to go into so much detail but it's mainly because of my daughter. I do NOT trust the health care system there at all. I think their health care is horrible and when I went there to celebrate my daughter's first birthday with her dad she got sick and got even worse after going through this stupid slow NHS system. I had to rush back with her to usa to get proper treatment. I am an ICU nurse and I have no tolerance for such horrendous care.

There are many more reasons why I cannot live in uk, my husbands family are all over the world, no one in the UK to watch our child. I will NOT hire some random babysitter. At least here on usa I have my parents, cousins and friends that watch my child.

Also my husband's mental state is not the greatest right now. He seems to always be in between jobs. I don't live there so I don't know 100% but it just seems like he's in the wrong field and always having a hard time with jobs. I don't blame him, we have been with this immigration drama for 2.5 years and it has been such a horrific roller coaster ride. He missed every memorable moment in our child life!!! How do you move on from that??

I need to make sure our daughter has one parent with a stable job and not having to stress over money.

Many many more reasons why it's best for my child and myself to stay in usa BUT she at the same time she unfortunately has to grow up without a father.

What boggles my mind is let's say worst case scenario my husband and I divorce. ..would immigration people even let him visit???

I don't know what to do anymore. The stress of me having to raise my child on my own from birth has also created so much anger, frustrations, stress and resentment towards my husband. I just don't know what to do anymore.

Trust me when I say I have done my research on the Internet and paid top dollar to lawyers for their services with no results.

Hypnos I have already contacted Michael Cho and he told me there is nothing he can do for me.

About laurel Scott I found her on the Internet nearly 1 year ago but never got her advice because I was so tired at that point of spending $200-500 on first consultations. I had already by that point spent nearly 10k but I will take your advice and see if I can talk to her on wednesday.

Once again thank you all for your advice

I really didn't think that I was going to have to disclose everything on here but I really can't move to the uk because my husband is having a really difficult time mentally with our situation that he is having to resign from his job this month and I can't live in uk with me not being able to work plus my husband not having a job...can't do it!!

I am a born and raised cali girl and I never in my life dated an non us citizen so I never knew of the immigration problems or just never thought of it. Yes I am totally clueless and looking back if I could do things differently I would.

I wouldn't wish this situation upon my worst enemy. To be honest I am on this website in dire hopes to find some help.

I cannot continue to live the life of a single mom when I have a willing and able spouse to help me. This immigration bs has totally ruined my marriage and I am at the end of my rope here.

Once again thank you all for your advice.

Thank you all for your comments...but let me clarify every lawyer I have spoken to including lawyers specializing in waivers has told me...

1. My husband is NOT eligible for the i601 waiver because he has 2 convictions, if he only had 1 conviction then he would be eligible.

Trust me I have done my research on this in depth. One thing I did learn from this forum is looking into the 22 21 and the immigration2us website.

I pray everyday and everyday it is getting harder and harder. My daughter is without a dad due to some dumb mistakes he made over 10 years ago.I will post on the other website in hopes for some other answers. Thank you all for your comments, deeply appreciated.

Thank you all for your comments...but let me clarify every lawyer I have spoken to including lawyers specializing in waivers has told me...

1. My husband is NOT eligible for the i601 waiver because he has 2 convictions, if he only had 1 conviction then he would be eligible.

Trust me I have done my research on this in depth. One thing I did learn from this forum is looking into the 22 21 and the immigration2us website.

I pray everyday and everyday it is getting harder and harder. My daughter is without a dad due to some dumb mistakes he made over 10 years ago.I will post on the other website in hopes for some other answers. Thank you all for your comments, deeply appreciated.

Hi

I am new to this website and I am desperate for some help, if anyone can offer me some good advice please do comment below. I am willing to hear from anyone!!

To make a long long story short, here I go....

I am a US citizen by birth, my husband is a UK citizen by birth, we met in London fell in love, found out I was pregnant of Jan 2012. We quickly filed for a K1 fiance visa, once he got to the London embassy they denied him at his interview because of 2 charges of marijuana when he was 19 and 20 years old, Both were for less than 1 gram and he just got a 55 GBP fine and was sent home, no jail time for both. Along with the 2 charges of marijuana he has some other thing called a caution for drunk and disorderly on the streets and one other dumb thing but I forgot.

Now lets be clear, I did not know about all of this before we got married and had a child. My husband did mention the marijuana to me but I didnt think it was a big deal. I personally never thought it was a big deal because he is NOT like that person anymore, if he was I would not be with someone like that. He is now 32 years old educated man.

So basically my husband got rejected the K1 fiance visa when I was 6 months pregnant. I had to go through a delivery of our first child all alone which nearly broke me into pieces. The main issue is that the marijuana seems to be a crime against moral turpitude (however you spell it). Since he has 2 offenses for the marijuana he is inadmissible to usa and there is NO WAIVER FOR THIS!!!

We have filed for countless numbers of visitor visas, and now most recently a humanitarian visa. The humanitarian visa was denied in Aug 2013. My husband has only seen our child twice, she is 19 months old and does not even know who her father is. I am a full time working nurse and I literally am falling to pieces everyday.

I am in deteriorating everyday because my husband is not here to help me raise our daughter. I am so depressed I have started seeing a therapist and trying to keep my sanity for the sake of my child. I have spent over $10K on a number of lawyers that have all said different things.

The main thing I keep on hearing from lawyers is the only thing that might work is either an E visa (investor visa), H1 visa (working visa) or some other one which I forgot. The E visa is out of the question because we dont have that kind of money. He is now to late for the H1 visa because the deadline has passed. I dont even know how honest theses lawyers are being with me.

You are probably thinking why cant I go live in UK, well I am a nurse in the ICU and my license does not transfer to the UK. I would need to go to school for a short period of time again over there and have to start over from the beginning. Plus even if I was to do that who would watch our child while I am in school and my husband at work. We have no help in the UK, whereas here in USA my entire family offers me help daily etc. Plus the cost of living in the UK is so high and wages are so low. In US my salary is more than double what I would be making in the UK.

I am so desperate, I am so upset with this entire situation I cant even stand to go out anymore, I see other families so happy and I just wonder what happened to mine. My lawyer once told me "do not let immigration ruin your marriage" but the sad thing is that it has!!! My husband and I fight so much now, we are both in such depression. My husband has had to go on medical leave from this entire situation because he cant cope at work since he misses our daughter so much. I try to keep myself together in the day for my child but at night when she goes to sleep I lose it daily.

I also have heard to try and get some of his convictions removed from his records, which we have consulted with many lawyers in the UK and NO luck with that. The law is so dumb there because they have NO such thing as post conviction relief. So if anyone can offer any advice, or a lawyers name, or something please do!!!