biggish data

You are 100% wrong. A CR-1 is NOT a K-1. The limitation applies to a lifetime limit on K-1 visas. There is no lifetime limit on CR-1 visas.

Quit giving misleading, incorrect advice.

No, I think she's right. Right on the money in fact.

He needs a lawyer, or to at least confer with one, not because he already has had 2 k1's, two failed marriages where the beneficiaries ended up here and with Green Cards. He needs a lawyer because he has a convoluted and perhaps difficult history to over come.

cdneh

Female

New Zealand

2014-04-12 12:02:00

There is no current probation or parole orders, he is clear of all that too.

The offence was over a decade ago, no current requirements at all other than to be on the register and keep the address info up to date.

That's why I question the relevance at all. There was only ever one offence, there was time served. Nothing ongoing.

Reason it's posted in this section is that this seems to be where AWA posts are being put for all members whether they are applying inside or outside USA.

So we need copies of all his court documents ?

I'm really unsure OP. I miss-read the post. If it was a 129-F my information would have been correct but in your case its not the circumstance. I'm sorry I got confused when reading the post.
Hopefuly, Darnell or a Member can answer this for you. But, I can tell if it is required that if those Court Documents are required, Copies are OK but must be signed, stamped and initialed in Ink by the County Clerk. This is out of my league. I help with 129-F's.

Tim/Mav

Male

Philippines

2013-04-16 18:25:00

Is it me or is this listed under K-1 processes. This is Spousal. So, Ignore what I said. :blink:

Tim/Mav

Male

Philippines

2013-04-16 17:11:00

fingerprinting not connected to the other stuff you wrote about.

It is a requirement that he get fingerprinted, because of AWA. That's it, that's all. So, if a ton of other things to overcome, I think your on the right track for the 'tack' to take, when writing up letters of attestation.

Yeah, fingerprinting was concluded at the time of arrest. Thats already on the record. So no fingerprints really needed.. 129-F's don't require fingerprints. But, they do ask about crimes and this is a Big one.

EDIT: Not a 129-F WHOOPS

Edited by Tim/Mav, 16 April 2013 - 05:03 PM.

Tim/Mav

Male

Philippines

2013-04-16 17:01:00

First Step: You will need to provide solid evidence that Sexual Offender Programs have been completed. Letters from treatment Counsulars stating NO THREAT. Visitation Rights are not what is being looked for here. Thats the first step. Without that, it's not going to happen. Those should be Court Documents, documentation of completing the programs and letters from treatment providers. Thats the First Step.

Also, I'm sure a Probation Officer was or is still involved. In addition, Childrens Services to Children : Those are Letters you will be looking for as well.

Tim/Mav

Male

Philippines

2013-04-16 16:58:00

First Step: You will need to provide solid evidence that Sexual Offender Programs have been completed. Letters from treatment Counsulars stating NO THREAT. Visitation Rights are not what is being looked for here. Thats the first step. Without that, it's not going to happen. Those should be Court Documents, documentation of completing the programs and letters from treatment providers. Thats the First Step.

Tim/Mav

Male

Philippines

2013-04-16 16:49:00

I'm not willing to exactly Adopt Darnell at this point in life. But, I read the Advice

Tim/Mav

Male

Philippines

2013-11-30 17:13:00

It hasn't been denied yet. Can we appeal before the denial letter?

I would wait. It will include details of time periods. You can call and give your Case # and ask for status which I would do. I wish you the best. Tim

Tim/Mav

Male

Philippines

2013-11-30 16:49:00

Appears you have a background that left a bad impression. I see you completed Mandatory Requirements and Proof.
The Petitioner must Appeal the outcome immediately and which there are time limits. Do this with an Attourney. You can File a appeal without one for now but I suggest you get one. Your deep in Sheet! They will be required to show their reasoning of the denial with an explaination. Don't do this alone. You don't have a Timeline/Country and this would help other members answer as well.
The past always catches-up and you know that now. One last shot. You need Legal help.

Tim/Mav

Male

Philippines

2013-11-30 15:35:00

Your Congressman seems to be able to do nothing. There is Nothing a VJ Member can do.
You a limited time to respond.
It's time to get an Attorney. And I mean FAST.
They have a reason for the denial and are not backing down. (Based on your Post)

Tim/Mav

Male

Philippines

2012-02-10 22:47:00

Would you feel it would be necessary or advisable to include a waiver request with my application?

I don't think it is really necessary unless you wanted to be safe to avoid request for evidence (RFE) in case some adjudicators at USCIS seeing your past multiple filings fall into an IMBRA.

Girl from Celebes

Female

Indonesia

2014-08-20 01:31:00

I have read before that if it is involved fees to join the dating site it means fall into category of IMBRA. Have you paid a fee to contact her?

Girl from Celebes

Female

Indonesia

2014-08-20 01:07:00

I think you should be just fine. You have had one long time ago, the second one was never approved, and the third one as I believe would be the second one. If you filed multiple petitions within 2 years then you need a waiver for that. But since the first one was long time ago then you don't need a waiver to overcome it.

Girl from Celebes

Female

Indonesia

2014-08-20 01:02:00

loveplanet.ru == International Marriage Broker

If you don't pay, it won't considered as IMBRA.

Girl from Celebes

Female

Indonesia

2014-08-27 23:41:00

loveplanet.ru == International Marriage Broker

http://www.visajourn...d-out-im-imbra/

There is lots of discussion on it, see the link above and my comments in it.

Short answer : no.

Ebunoluwa

Not Telling

Cyprus

2014-08-27 19:25:00

It seems that they have no intention of changing Sec. 204 of the INA that relates to AWA petitioners. Go to www.aila.org and do a search on topic "Sponsors' Amendment to S.744". It is a pdf file, and pages 123 to 126 (line 1), with page 126 giving the government "unreviewable discretion". Thus, if this remains the Board of Immigration Appeals may just put aside or trash whatever amicus curiae they have at hand on why AWA denials should be reviewed by them.

I belive that would be a stretch at this point and bring cuase AILA to appeal such actions by USCIS.

I just read this (if I read the correct document) and there is no mention of the AWA that I read nor that someone petitioning for or appealing a decusion for that petition.

The OP is in a great position at this point to work with in the system and still not have to leave; a good attorney could make this an easier case.

The OP mustr be ready to do lots of leg work forcing the success of the case by obtaining all documents required.

evli1966

Male

Philippines

2013-06-24 06:36:00

100% get an attorney.

An Attorney theat is notably experineced in the AWA.

What others are stating is somewhat true.

All court records, police records, pshycology reports should be certified.

An inexperienced attorney can scew things up quickly as can someone submitting items themselves.

BTW

The government (Bush administration) passed the AWA to protect children and the loose language is interpreted by the USCIS in a way to prevent the approval of family based visas even when no children are involved.

This error was noted and the chnage from immediate denial of the visas to putting the burden of prove no threat to the beneficiary on the pettitioner.

You should note the AWA was passed in 2006 and most successful appeals or approvals are because the conviction was before this was enacted.

With that said without overwhelming evidence showing successful and safe reform as well as the ability to securely support themselve and their applicant the chance is very slim.

Please do not hesitat eto ask questions here some have experienced alot of this and some have been successful.

myself on a fiance visa it has been 4 years in June to this date we are over 60 days since submittal of our RFE.

I am prepared to appeal int he Federal Apeals court which could cost upwards of $20k.

The great part for you is that you are here with the person you love.

(There are roughly 14 million illegal immigrants living in the USA.)

evli1966

Male

Philippines

2013-04-17 15:11:00

#1 get an attorney to advise you

ensure the attorney is AWA experienced - not just saying he or she is.

You will need to appeal and it is best done with an attorney for our cases.

evli1966

Male

Philippines

2013-11-30 14:40:00

http://www.prlog.org...eral-court.html

There is hope

evli1966

Male

Philippines

2014-02-25 17:23:00

Ive had a lawyer since i started the process!! , and i dont know what i can give them in only 30 days time that i haven't already given them =(

Your Attorney must present a notice to extend (if I am not mistaken) and then request a hearing before an ajudicator.
At which time all evidence would be presented again plus any further evidence gathered.

You could have another risk assesment done and Polygraph outside of what was done as a requirment for probation.

Provide information on your professional career which supports yourself and allows you to live what they would call a safe lifestyle presenting no risk to others.

What does your attorney say?

is the attorney a paper pusher for you or will he/she be by your side during this going before the adjudicator?

evli1966

Male

Philippines

2012-02-11 00:22:00

Actually a filing only counts when the Notice of Approval, the NOA2, hits. If you stopped the second one before the NOA2 hit, it does not count, such that your current one is actually #2. I did not see that part when I wrote my earlier post.

You can find out on the USCIS website if you stopped #2 in time to prevent the NOA2.

Edited by Al422, 23 August 2014 - 08:12 AM.

Al422

Male

Philippines

2014-08-23 08:11:00

If this is your third or more, you need the waiver. The request for the waiver is just a letter showing that your first and second were for genuine relationships and simply flopped out of no fault of your own, and that this one is also genuine.

You need the waiver even if the first or second did not come from a fee based website and were more than 2 years ago.

That is what I did on my third, and it flew just fine. I am married to her now. The first and second dumped me over my objection, and I explained all of that in my letter.

If you want, post the draft of your letter here (please remove all names to ensure privacy) so we can comment on it.

Edited by Al422, 20 August 2014 - 07:54 AM.

Al422

Male

Philippines

2014-08-20 07:52:00

Well you seem to have the capabilities and determination to put together a list of cases where the AWA was beat in the BIA, and Im sure it will help you.

You know you can start another thread- dedicate it solely to the postings of cases of successful AWA appeals in the BIA. There are plenty of AWA petitioners floating and lurking on VJ that may chime in and contribute. If the thread ends up being your own personal list- well- shrug- its kind of like paying it forward. Your research is helping someone else in the future at least.

I know there definitely is a place for it here on VJ. (I dont know exactly where or if a mod would pin it somewhere- but they might, as it would be a valuable resource to many)

capri

Male

2013-04-18 10:26:00

Mmm Im not sure exactly what you are asking (?) If you are asking for successful waivers- thats not something you can publicly access. I mean you may be able to search on VJ and find a post or two from someone who posted 'we beat the AWA or got a waiver' but the USCIS does not disclose anywhere names or case #s or statistics about how many waivers are granted.

As for finding specific cases that made it through appeals and the resulting changes in policies- thats a lot of google leg work and I dont know how effective that will be in preparing your evidence- because like above- its really up to their discretion.

Try searching variations of keywords including AWA (spelled out) case law, waiver, appeal, BIA (spelled out), decision, look for lawyer style articles like the ones I linked because they reference decisions and then youd have to google the names and try to find a blog or article specifically about the incident.

The lawyer who represented them will ALWAYS write about a successful appeal because it makes them look good and brings in business. Successful appeals always end up on the net in one form or another and are speckled through out AWA articles and blogs. But it takes a lot of searching and patience.

Heres something but its not going to be very helpful in preparing evidence but it is interesting-

This case got denied and the lawyer was attempting to argue something similar you had voiced concern about- they argued to the Board that USCIS improperly imposed the "Beyond a Reasonable Doubt Standard" in determining whether the petition poses a risk to the intended beneficiary. They argued the standard had no underlying basis as Congress never intended to require this criminal law threshold.

The lawyer goes on to say
"In the decision, the Board specifically asked USCIS to explain 8 items in how they reached their conclusion to deny our client's I-130 visa petition. It is my belief that this is a milestone in adjudication of these petitions because the entire process has not be thoroughly thought through and the Board is asking USCIS to do so."

He attached a copy of the decision/paper.

The comments then say from other posters that no other AWA petitions have been adjudicated since that decision/paper because they are waiting to see the response decision on it. However I do not know how true that is.

You should note the dates on the appeal. The 130 was filed Apr 2008. The AWA denial from the field director was done on July 2010. (so they waited 2 years for a decision) In May 2012 they were still submitting their appeals to the board- if you read the note on the bottom that says we consolidated the appeals adjudicated everything down into this- and we the BIA- dont know how to rule yet until we get some clarification from USCIS on these 8 points- so we'll get back to you. As of today 4/13 I dont see anything else posted from that lawyer about that- so I just dont know what happened to it.. perhaps print it out and inquire with your lawyer? Because as I said 2 other anon posters seemed to think its causing all AWA waivers to be frozen while its pending..

Lawyer blog
http://nodeportation...No Deportation)

This is how to have the doc in a bigger view if you cant click it on the blog site-

http://www.docstoc.c...-Walsh-Act-Case

capri

Male

2013-04-17 23:51:00

^Well I agree with the needing a good attorney. (what I find troubling is I peeked at her blog and it mentioned going for an interview in apx 5 months?- if the lawyer shes using told her shed be having an interview in 5 months and knew she had AWA issues- hes full of ####### and is not a good lawyer and they should consider ditching him- because hes not being upfront about timeframes so who knows what else hes not being 100% about)

I agree USCIS interpreted AWA- but (shrug) what can you do? I mean really- what can one do? It sucks that they took a law that was meant to protect children and made their policies so that someone convicted of picking up a prostitute (which I dont even know should be a crime) is now subject to the same process of guilty until proven innocent and has to go through the same steps.

The only thing I think I may have said that could be somewhat untrue is the there is no appeal from the denial. Its true but it isnt. Theres no standard appeal like there is for other forms/processes. But you can hire a lawyer and spend like you said upwards of 10-20k appealing on various technicalities of policies and case law but the denial itself does not have a standard 'submit this if you disagree' appeal for 300 bucks thats resolved in 6 months or less.

I also agree she does have in her favor that the charge was before the AWA act in 2006.

Heres a couple of links for those that may be interested-

the first- basically the same info in my post above, but in a more professional format- basically describing the offenses that trigger the AWA, what you need to submit to get approved/how they decide that- and how unfortunately you are guilty/dangerous until you show you are not.

http://www.usimmigra...-visa-walsh.htm

This is a link to an article (of sorts-more like a paper or brief) about what seems to be trying to appeal a denial by arguing the conviction was not a qualifying AWA charge. Basically the 'meat and potatoes' of it seems to be USCIS can make whatever policy they want based on the AWA act.
(I dont know if this will open for everybody as its opens in google doc viewer?) if not try searching- www.texasbarcle.com the adam walsh act and it should come up

https://docs.google....vdgK4UDN_-hogXg

The last is also the same format (google doc viewer) its a brief for an appeal- I dont know if they were sucessful or not, because I didnt google the case name to see- but it has a lot of language in it about the act, why they are appealing/how etc.

https://docs.google....hfHp7XIjBiTxI6A

or search for keywords- www.aila.org Amicus Haverly Brief FINAL

capri

Male

2013-04-17 16:55:00

But he has no convictions for violence or Domestic Abuse. So I cannot see why there would be a question of him being a threat to me as there is no prior evidence of him being a threat to a spouse.

I assumed that any questions would relate solely to the offence he was convicted of and refuting any further activities that might be a danger directly related to that offence.

Otherwise it appears that the government here assumes that being convicted of an offence 15 years ago turns a person into a hardened criminal who might break any law in the future ?

Guess we go to the fingerprint appointment for him and wait for further letters telling us what we have to do next. Seems ridiculous to me as there is no link between his past conviction and the situation he is in now with me.

Aha. Well, you somewhat answered your own question and the need for the fingerprints and the court documents. They are basically assuming he is a danger to you until they can determine he is not. Why are they doing this? Well because immigration is not innocent until proven guilty. A lot of the processes are the opposite. The burden of proof is on you. And the point of the act again, is to protect innocents. So they are assuming hes guilty/bad/evil. You have to prove he is not.

His name came up in the system as a 'person of interest' where the AWA was required or may be applicable. So they are sending him for fingerprints to find out exactly what charges there were. Because lots of people have the same name/DOBs ranges. They have to be 100% sure based on fingerprint records that hes the guy that was charged/convicted before proceeding further with AWA stuff otherwise its a case of mistaken identity on their part.

So first step is confirming its him through fingerprints for them. (You already know its him, so you dont have to wait for the fingerprints to start gathering stuff for the next step)

(In the K1 process the K1 petitioner discloses the charges on the K1 petition so they end up waiting a long time in some cases for USCIS to send them for fingerprints- another difference youll find when reading the threads)

So going back a little. They now confirm theres a charge. Either because the petitioner discloses it (K1) or they fingerprint you and confirm it. Now they have to see all the nitty gritty details of exactly what happened. That involves all the dirty details of it- because it wasnt a traffic charge. It was labeled something serious enough to get the SO tag and qualify it under the AWA. So they need the court records. They are going to be looking at the charge and conviction and going to be evaluating whether or not the person is a threat to the person they are petitioning for.

Now the letter is not going to say such. Its simply going to say something vague like- you fingerprints came back under the AWA act, please submit court records from the event. You really only get ONE shot to submit stuff. If you mess it up- its pretty much over. So you need to submit as much as you can showing he is NOT A THREAT. Because if you do not make a good enough case it will be denied. And its very very hard to get an approval on an AWA after youve been denied once on it with out getting assistance from a top notch legal firm.

Basic things you need to include:

Their own sworn affidavit,
A sworn affidavit of the potential beneficiary,
Sworn affidavits of close friends and/or prominent members of the community,
The police and court records describing the crime/s,
Newspaper articles describing the crime/s,
A full psychological evaluation,
Evidence of rehabilitation, and
Any other evidence which shows pose no risk to the beneficiary.

General info:
Adam Walsh Waivers are extremely difficult to obtain. The decision to waive such a conviction is left to DHS, who has "sole unreviewable discretion" to grant or deny an Adam Walsh Act Waiver. "Sole unreviewable discretion" means DHS has ultimate power in these decisions, there is not an appeal process, and there is not a complaint or review process. Such a decision is left completely up to the person reviewing the request and they can deny any application for any reason. In fact they do not even need to provide a reason.

DHS officers have no problem accepting the non-refundable filing fees from a petitioner and turning around and denying their application. Moreover, once an application is denied it makes it all that more difficult to submit it again and get it approved

There are no official statistics on the matter, but the site(s) I found most of the above info on referred to about 45% of these waivers being approved. (if they had competent consul and all of the above evidence)
--

Also it seems you filed the initial forms through a lawyer. Is he not helping you with the AWA papers or does he not know about it yet?

capri

Male

2013-04-17 07:54:00

?

Mmm your question is How relevant is the AWA because we dont have children and dont plan to? Well... I think youre a bit confused because of the name of the act perhaps? It really has nothing to do with crimes against children. Just because the Act is named in dedication of Adam Walsh, its purpose is not to solely protect children but to protect any one who could be considered an 'innocent'. And that includes you.

The point of the Act is to ensure that the petitioner is not a threat to the beneficiary and that the beneficiary is fully aware of the petitioners past.

So according to your timeline it seems you are both in the US. Your husband filed the 130/485 forms. During processing his name came up in the system under the AWA and they are requiring fingerprints on him now.

What you need to establish he is not a threat is the same thing that any one else subject to the AWA needs. Complete court documents. Statements from providers. Newspaper articles. Therapy reports. Affidavits etc.

There are a few threads on VJ about this. The difference between your situation and the other threads is they were attempting to 'beat' the AWA to obtain a visa, and you are seeking to 'beat it' to be eligible to adjust, but the goal is the same- to demonstrate the petitioner (the person who either filed the K1 or the 130 in your case) is not a threat to the alien.
--

I do have to advise you- its good that you have the AP and EAD. Dealing with the AWA can take a long time. Also Im not sure if you realize this, but you are attempting to AOS from a tourist visa... :unsure:

But if you are denied, there is no appeal from that denial because of the visa you are adjusting from. Because of the fact that there is an AWA involved, there is a chance that you can be suspected of marrying your spouse for benefits in the interview. So again, if they deny you in the interview, you cant appeal it, youre going to have to leave the US and apply for the CR1 visa to come back and get another interview overseas and go through the whole thing all over again. Its going to take a looong time. At least a year min, if not more because of the AWA complications.

--

I suggest you read through the AWA threads on here and google search AWA and get an idea of what you need to submit and maybe post back (if you want) what you have so far and then maybe people can suggest what else you may need to cement your case.

capri

Male

2013-04-16 19:54:00

What country did you move to? and did they give you any problems?

A and T

Male

Philippines

2013-06-09 20:07:00

Life might be much better if you can petition to live in Australia, they might be more reasonable than the states when it comes to this!!

A and T

Male

Philippines

2013-04-30 04:18:00

Adam Walsh Act - BIA Decisions May 20, 2014

It seems this guys conviction was for someone under the age of 12. That might be why they really wanted to deny him . But who knows? Notice how they claim that he did not meet the burdern of proof to show he is "rehabilitated" problem is they always say that, they won't list any guidelines and therefore no matter what you submit, they will always claim you did not reach the burdern of proof. Furthermore, the people at USCIS reviewing this are ignoring licenced, educated and accredited psychologist findings. How they can legally do that, i have no idea.

A and T

Male

Philippines

2014-05-31 04:01:00

I appealed my case, and my appeal was accepted, my case was remanded back to USCIS for further processing

A and T

Male

Philippines

2014-03-03 07:29:00

Your Attorney must present a notice to extend (if I am not mistaken) and then request a hearing before an ajudicator.
At which time all evidence would be presented again plus any further evidence gathered.

You could have another risk assesment done and Polygraph outside of what was done as a requirment for probation.

Provide information on your professional career which supports yourself and allows you to live what they would call a safe lifestyle presenting no risk to others.

What does your attorney say?

is the attorney a paper pusher for you or will he/she be by your side during this going before the adjudicator?

I'm not sure what will happen, im waiting to hear from my lawyer

Will keep you all posted, Ive lived in the philippines for the last year, think they would accept a polygraph from the philippines? Guess we will see

A and T

Male

Philippines

2012-02-11 00:31:00

Ive had a lawyer since i started the process!! , and i dont know what i can give them in only 30 days time that i haven't already given them =(

A and T

Male

Philippines

2012-02-11 00:01:00

They claim that written letters from my wifes family, and my family, plus others in the community about my character isnt enough proof.

They claim that my psychological eval that was part of my probation, isnt enough evidence.

Over all they claim all of my proof, is not proof that i "pose no risk"

They say i havent submitted enough proof of rehabilitation of my behavior? (although i completed all my states requirements for probation)

Over all they claim i have no " concrete examples" of rehabilitation , I don't know at this point in my life what that would be?

I have 30 days to appeal =(

A and T

Male

Philippines

2012-02-10 21:58:00

Seems legit.

Avery Cates

Male

United Kingdom

2014-04-11 23:40:00

The multiple filing limitations set forth in the IMBRA have nothing to do with using a marriage broker. They have to do with multiple filings of fiancé petitions. In your case, this is your 3rd time filing a fiancé petition and therefore you are required to submit a waiver request. From the I-129F instructions:

You must apply for a filing limitations waiver if any of the following apply:

a. You have previously filed K-1 petitions for two or more beneficiaries; or

b. You previously had a K-1 petition approved and less than 2 years have passed since the filing date of such previously approved petition.

It doesn't matter if your previous petitions were approved, cancelled, withdrawn, etc. The fact is that you filed them.

I also had to include a waiver request with my petition. You can find a sample of it here: http://www.visajourn...ings/?p=7177435

Zedayn

Male

Philippines

2014-08-20 09:54:00

The "waiver" for permission to apply for more than two K-1 is just a letter that you send with the petition asking for an exception. Getting out of that requirement and doing a CR-1 does not free him of his own history of being a personal immigration portal. The US gov has checks in place to prevent people from becoming personal immigration portals. This visa itself doesn't matter as much as his own past, and either way he will have more to overcome than ever before to prove this is a valid relationship.

Sorry, but restating an error doesn't make it correct. :rolleyes: IMBRA only applies to K petitions, not CR/IR-1. See for example: http://www.ilw.com/a...0206-ellis.shtm

He might have some presumptions to overcome. However, engaging an attorney isn't going to help him, IMO.

Edited by Jon and Sol, 12 April 2014 - 12:35 PM.

Jon and Sol

Not Telling

Philippines

2014-04-12 12:34:00

yes he needs a lawyer because he needs a waiver

You are 100% wrong. A CR-1 is NOT a K-1. The limitation applies to a lifetime limit on K-1 visas. There is no lifetime limit on CR-1 visas.

Quit giving misleading, incorrect advice.

Jon and Sol

Not Telling

Philippines

2014-04-12 11:57:00

Or would I even do the K3 or just this IR1/CR1? That is a new one for me and will need to research that. Does anyone know the process and wait times/success for the IR1/CR1?

Do the CR1 spousal visa. No you don't need a lawyer.

Jon and Sol

Not Telling

Philippines

2014-04-12 09:49:00