ForumTitleContentMemberSexCountryDate/Time
IMBRA Special TopicsRegarding Sex Offenders (off probabtion)
QUOTE (WenDylan @ Jul 8 2008, 08:33 PM) <{POST_SNAPBACK}>
QUOTE (pushbrk @ Jul 8 2008, 09:56 AM) <{POST_SNAPBACK}>
QUOTE (WenDylan @ Jul 8 2008, 02:00 AM) <{POST_SNAPBACK}>
QUOTE (Singers @ Jul 8 2008, 03:59 AM) <{POST_SNAPBACK}>
QUOTE (WenDylan @ Jul 8 2008, 01:53 AM) <{POST_SNAPBACK}>
If you have committed any felonious crime, or crime involving moral turpitude, you first I-129F petition will be denied. Hands down. Fact.

Even if you file for a K3, or CR-1. It will fail as well. Your only option is to move there and start a new life.



This would be true if the OP was the non-USC.


Tell that to the VO. laughing.gif


None of this is a laughing matter. Your post regarding a crime of moral turpitude is simply wrong because the clause(s) to which you refer, apply to the foreign beneficiary at the Consulate stage, not to either petitioner or beneficiary at the petition approval stage or to the USC in any way.

Let's stick to the facts.


I agree. I did a little bit more research within my department and found, according to House Act "H.R.4472", which specifically states...

Sec. 402. Barring convicted sex offenders from having family-based petitions approved.

So any petition, will at some point, be denied. I read into this a little more and found several posts on this and another forum where this Act was held up to its word. There would be some litigating circumstances, but I would need to know more about the situation to interpret what would happen exactly.


Not only will it be denied, but since this was the crime...

Offense: 11990002 Sexual Assault Child
Counts Victim Sex Victim Age Disposition Time Status
1 Female 15 10/11/2001 36M PROBATION

That is exactly what the Adam Walsh Child Protection and Safety Act of 2006 was enacted for.

Sadly, any petition will be denied. However, I did find some information in which one instance you could possibly get the visa.

A collateral effect of the new legislation was its implications on the United States Permanent Resident Card process. Until January 2007, U.S. nationals living abroad who married a local and intended to obtain green cards for their spouse and any immediate family members were able to initiate and complete the majority of the application process at the local U.S. Embassy/Consulate. However, because of the newly enhanced background check and criminal history data trail requirements, the new law had initially been interpreted by the Bureau of Consular Affairs and USCIS as leaving Consular officers ill-equipped to fully handle the I-130 adjucation process. Thus, as of January 2007 I-130 petitions, supporting documentation, or fee payments could no longer be completed in the country of the foreign national.[6]

However, the government made a quick about-face two months later. Due to a significant number of complaints from applicants about the resultant processing delays and from immigration officials about the deluge of paperwork that came with the centralization of the process, the visa petitioning process for immediate relatives of US citizens was resumed at U.S. embassies on March 21, 2007.[7] However, all embassies were required to add a 6 month residency requirement for the US Citizen to file an application directly.

The Act also for the first time limits the rights of citizens or permanent residents to petition to immigrate their spouse or other relatives to the U.S. if the petitioner has a listed child sex abuse conviction. If that is the case, then the petition cannot be approved unless the Department of Homeland Security determines in its unreviewable discretion that there is no risk of harm to the beneficiary or derivative beneficiary.

I hope it is some help.
WenDylanMaleChina2008-07-08 20:47:00
IMBRA Special TopicsRegarding Sex Offenders (off probabtion)
QUOTE (pushbrk @ Jul 8 2008, 09:56 AM) <{POST_SNAPBACK}>
QUOTE (WenDylan @ Jul 8 2008, 02:00 AM) <{POST_SNAPBACK}>
QUOTE (Singers @ Jul 8 2008, 03:59 AM) <{POST_SNAPBACK}>
QUOTE (WenDylan @ Jul 8 2008, 01:53 AM) <{POST_SNAPBACK}>
If you have committed any felonious crime, or crime involving moral turpitude, you first I-129F petition will be denied. Hands down. Fact.

Even if you file for a K3, or CR-1. It will fail as well. Your only option is to move there and start a new life.



This would be true if the OP was the non-USC.


Tell that to the VO. laughing.gif


None of this is a laughing matter. Your post regarding a crime of moral turpitude is simply wrong because the clause(s) to which you refer, apply to the foreign beneficiary at the Consulate stage, not to either petitioner or beneficiary at the petition approval stage or to the USC in any way.

Let's stick to the facts.


I agree. I did a little bit more research within my department and found, according to House Act "H.R.4472", which specifically states...

Sec. 402. Barring convicted sex offenders from having family-based petitions approved.

So any petition, will at some point, be denied. I read into this a little more and found several posts on this and another forum where this Act was held up to its word. There would be some litigating circumstances, but I would need to know more about the situation to interpret what would happen exactly.

Edited by WenDylan, 08 July 2008 - 08:35 PM.

WenDylanMaleChina2008-07-08 20:33:00
IMBRA Special TopicsRegarding Sex Offenders (off probabtion)
QUOTE (Singers @ Jul 8 2008, 03:59 AM) <{POST_SNAPBACK}>
QUOTE (WenDylan @ Jul 8 2008, 01:53 AM) <{POST_SNAPBACK}>
If you have committed any felonious crime, or crime involving moral turpitude, you first I-129F petition will be denied. Hands down. Fact.

Even if you file for a K3, or CR-1. It will fail as well. Your only option is to move there and start a new life.



This would be true if the OP was the non-USC.


Tell that to the VO. laughing.gif
WenDylanMaleChina2008-07-08 04:00:00
IMBRA Special TopicsRegarding Sex Offenders (off probabtion)
If you have committed any felonious crime, or crime involving moral turpitude, you first I-129F petition will be denied. Hands down. Fact.

Even if you file for a K3, or CR-1. It will fail as well. Your only option is to move there and start a new life.

Edited by WenDylan, 08 July 2008 - 03:54 AM.

WenDylanMaleChina2008-07-08 03:53:00
K-1 Fiance(e) Visa Process & ProceduresQuestion on meeting in person...
QUOTE (Kongfu Panda @ Jul 4 2008, 04:24 AM) <{POST_SNAPBACK}>
hey, i am sorry but your information is a little bit confusing..

2007-APR-28 : Met via Skype by the best accident ever!
2007-MAR-20 : Met in Guangzhou, China for the first time in person.
2008-APR-14 : Dylan departed China in return to Oklahoma, USA.

you stayed in china for almost a year?? if you had spent almost a year in china with her, then there should be no problem if you do not have to see her again before her interview.

you met via skype 2007-APR-28 and met in person 2007-MAR-20??hehe.... the month looks confusing..smile.gif


Ah yes, good thinking! I am working two jobs and have so much going on, besides trying to get my fiance at my side. You can see my lack of sleep is really starting to show. I guess I am more afraid that I am working hard, and I keep reading the interview horror stories, and I need to make sure I do everything 100% correct. the first time.

I am starting to become a wreck, haha. :-)
WenDylanMaleChina2008-07-04 05:53:00
K-1 Fiance(e) Visa Process & ProceduresQuestion on meeting in person...
Great! Thanks for you help. I am planning to return for her interview time, it is just a matter of being able to budget that trip, and plan for her arrival here as well. Such as the cost of the wedding here, and all that entails. I want to have everything well prepared and I don't want to mess anything up that could jeopardize our chances for anything other than a pink slip. :-)
WenDylanMaleChina2008-07-04 03:08:00
K-1 Fiance(e) Visa Process & ProceduresQuestion on meeting in person...
Wendy and I met in person for just under 4 weeks a couple months ago. We have filed for the K1, and everything is good so far. Both my parents are helping me to create a letter to mail individually with my Affidavit of Support and they will Co-Sponsor with me. I question though if meeting 1 time is enough? I hear stories of people getting the white slip because they only met one time. Should I prepare a second trip? Or should I arrive before her interview so that we can say I travelled to her twice, she can say that I am downstairs waiting for her, and she can then come home with me?

Any input would be greatly appreciated!
WenDylanMaleChina2008-07-03 22:24:00