biggish data

Limit on K-1s from previous marriage?

Sorry but per the I-129F Instructions that appears to be correct... you would now need to additionally apply for a waiver...

Best wishes on your journey.... love conquers all...

Enigma23

Female

Dominican Republic

2014-04-11 23:26:00

Oh and as an aside.....and again this is just what I've been read/informed......if you get married and go for the spouse visa, the USC criminal record either doesn't come up, or is less of an issue...or something!

Correct because the petition will no longer be relevant for IMBRA but will be under scrutiny in relation to AWA. I am not sure but seems like AWA seems more restrictive than IMBRA.

HollyGolightly

Female

2014-05-13 13:18:00

Someone can correct me if I am wrong, but I believe submitting evidence about prior criminal history in compliance of IMBRA is primarily intended to provide disclosure to the beneficiary. The only time it would be used to deny the approval of a petition is if the petitioner was also asking for a waiver of the multiple filing limitations. Since that does not apply to you, you should be ok. In general, a criminal record does not automatically lead to a denial, but it is a factor when the officer is adjudicating your case. Good luck!

HollyGolightly

Female

2014-05-13 11:48:00

Convicted sex offenders are not qualified to file family petitions
By Lourdes Santos Tancinco

Link here: http://globalnation....amily-petitions

sjk&cjj

Not Telling

Philippines

2014-06-24 20:46:00

It appears to me that a USC with a criminal conviction covered by AWA (however far back in time it may be) will be unable to sponsor a spouse or fiance for immigration if the petition is filed after the enactment of AWA (2006).

sjk&cjj

Not Telling

Philippines

2014-05-30 15:10:00

We were not aware there WAS an AWA or how it relates to visa applications until we received our NOID 13 months after filing our I-130 application. This prompted a lot of research and here is one source which should be required reading for anyone caught in this nightmare: http://www.aila.org/...spx?docid=42682.

This is a legal perspective of the AWA as it relates to the way the USCIS has chosen to implement it prepared by the American Immigration Lawyer's Association.

Read it, hire a lawyer, and make sure they have a copy of it as well.

We are 21 months married now and still waiting for the USCIS to do something on our application.

We offered this information in a previous discussion and it generated considerable vitriol and hatred, which greatly surprised me as I was under the impression that this was a forum to exchange information and assistance.

Truthfully, even you are aware of it and get everything to them, they still find a way to request evidence from you and deny you at the end. I am sorry to say that. I have been through this, send every possible documents to them, and in the end, they ask for the same exact things. It's really frustrating. Good luck!

paustin

Not Telling

2014-05-23 13:01:00

Thank you. thinking of re-submitting what we send in the first place but (not certified) because we already gave them the certified ones and that's all we have. Inquire them if they lost them or what? Why we feel like that letter is so generic that they did not take time to review what we submitted at all. They are asking for the same stuff that we already provided.

Thoughts? If this is denied, we'll do appeal and take it to federal court with an attorney.

Edited by paustin, 01 December 2013 - 03:55 PM.

paustin

Not Telling

2013-12-01 15:53:00

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

paustin

Not Telling

2013-11-30 16:41:00

After almost 2 years, today we received a letter of intend to deny due to the case falls under AWA. We have submitted what we thought is everything, and now they request those things again *sigh*, I am not sure what we should do. This is so disappointing...

1. Certified copies of all existing police report and court records..... (already send that and certified)

2. Trial transcripts (already send that and certified).

3. Any other criminal, etc. (send background check and everything..)

4. The terms and conditions or any requirements set forth by the jurisdiction (send that and completion certificates)

5. Complete copies of all SOR records (we dont' have that in this state).

Ugh.. what do we do at this point? Could someone please advice or provide suggestions? On 11/15 the online case said they reopen the case but the letter dated 11/22, so that means they already made decision after that online case status update.

Thanks!

Edited by paustin, 30 November 2013 - 02:21 PM.

paustin

Not Telling

2013-11-30 14:20:00

not trying to discourage you, if your case involves AWA, save your both time some grieves and stress. It's going to be super hard and time consuming. I am not trying to be negative here. I have been through and it hasn't been easy on both of us. The case is still f**** pending. If you can move to live with your partner, that will be ideal. Otherwise, good luck on this if you decide to go with it.

paustin

Not Telling

2014-05-23 12:55:00

Remember the Haverly Case Amicus Curiae...well here is the decision from the BIA http://www.justice.g.../vol26/3800.pdf

Those whose conviction is before the AWA...here is the decision ...http://www.justice.g.../vol26/3802.pdf

What does this mean? Does that mean any AWA that happened before 1976, USCIS should not deny anymore?

paustin

Not Telling

2014-05-23 12:51:00

American fiance has domestic violence charge - please help!

You said that he got scratches from it and he was hurt worse than her. That sounds like "battered" to me.

I'd check it. He's already reported the crime earlier in the document. It seems like a valid defense. I don't see it as an automatic disqualification...if anything, he is being open and honest about what happened.

Regards,

Bill

Bill and Vicky

Male

Indonesia

2014-07-29 15:35:00

Remember the Haverly Case Amicus Curiae...well here is the decision from the BIA http://www.justice.g.../vol26/3800.pdf

Those whose conviction is before the AWA...here is the decision ...http://www.justice.g.../vol26/3802.pdf

So, in the first one BIA argues that the decision of the adjudicators in the USCIS is final and was meant as to be final by the Congress to eliminate Judicial review, like in terrorist cases? So, how then to argue the denial because of not meeting the standard of proof? That sounds like a vicious circle when for the Utilitarian interests (interests of the greater number of people) the AWA petition are presumed to be denied and there is no one who can look the decision over and see if it had a chance, so the decision is final???

kazuava

Female

2014-06-23 01:04:00

Ugh. Does not bode well for current AWA cases unless the conviction is pre 2006.

Unfortunately, it does not look good to anyone. If to read carefully toward the argument leads to:

"... We therefore conclude that the Immigration Judge erred in

terminating the removal proceedings. Accordingly, the DHS?s appeal will

be sustained, and the record will be remanded for further proceedings.

ORDER: The appeal of the Department of Homeland Security is

sustained, the decision of the Immigration Judge is vacated, and the

removal proceedings against the respondents are reinstated.

FURTHER ORDER: The record is remanded to the Immigration

Judge for further proceedings consistent with the foregoing opinion and for

the entry of a new decision."

So, the Judge terminated removal based on retroactive application, but it was later reactivated.

kazuava

Female

2014-06-23 00:55:00

I feel so sorry about that!
That is what they did to me: nothing is good enough, and statements of us and others is not a proof of not being a threat. But they felt that is OK to refer to my husband's ex-wife saying that she was "concerned" about his behaviour, which was somewere in old Police report.
THey don't have any dustise in Adjudicating AWA cases, and they what to deny them outright (hope that folks, whose cases are at Vermont will be treated more professionally). Also, I hope that Appeals, which are pilling up, will straighteneded situation out once and for all.
What gets me the most is why to wait so long to deny anyway!?

Meanwhile, I admire your will to be with the loved one, even if that mean US Citizen move to Phillipines. I wish you to be strong during this new stage of your case development.
The appeal is a usial next step. And the nice thing is that the notice of an Appeal has to be send withing 30 days, but the Brief may follow withing next 30 days. which gives you a little more flexebility. Evli1966 had an interesting post about appearing before an Adjudicator, I wonder what your lawyer will say about that.
We appealed.

Again, good luck!

Edited by kazuava, 12 February 2012 - 04:10 AM.

kazuava

Female

2012-02-12 04:01:00

Sorry to break this news and link...we ourselves are devastated...

Remember the Haverly Case Amicus Curiae...well here is the decision from the BIA http://www.justice.g.../vol26/3800.pdf

Those whose conviction is before the AWA...here is the decision ...http://www.justice.g.../vol26/3802.pdf

eagerly

Not Telling

2014-05-21 22:12:00

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.

eagerly

Not Telling

2013-05-03 16:12:00

http://crimmigration...gy.aspx?ref=rss

How about this phrase...."deport a noncitizen for a crime committed by someone else" Link provides The BIA's Adam Walsh Act Trilogy: Seems they are preparing for another amicus...wonder why this cant be brought to Congress if there are plans of reforming the immigration laws.

Edited by eagerly, 05 June 2014 - 09:41 PM.

eagerly

Not Telling

2014-06-05 21:33:00

Remember the Haverly Case Amicus Curiae...well here is the decision from the BIA http://www.justice.g.../vol26/3800.pdf

Those whose conviction is before the AWA...here is the decision ...http://www.justice.g.../vol26/3802.pdf

eagerly

Not Telling

2014-05-22 08:34:00

loveplanet.ru == International Marriage Broker

Well this website's primary business is not the introduction of a USC to a foreigner, so it seems that the answer is 'no' - as Ebunoluwa mentioned. So I'll check the "No" box and move on.

adair

Male

Russia

2014-08-28 00:09:00

loveplanet.ru == International Marriage Broker

Ok I'll take a look, thanks!

adair

Male

Russia

2014-08-27 20:30:00

loveplanet.ru == International Marriage Broker

Hi all-

I did a search on this but didn't see anything, sorry if it's a repeat.

In reviewing the I-129F, I am a little unsure about the International Marriage Broker question. I met my fiancee through loveplanet.ru. It's a dating website, much like match.com, and is really intended for Russians to meet other Russians. They don't prohibit foreigners from joining, but that isn't its purpose (from what I have gathered anyway). So my initial response to this question is 'no', but I don't want to have an RFE later because the USCIS considered it as an IMB. So does anyone have any experience with this?

Much thanks!

adair

Male

Russia

2014-08-27 18:52:00

right now I still have no information on what is happening with my AOS application

they did biometrics on my husband the USC in April, to presumably make sure he was the person who is in their records as an offender.

We have not heard a single thing since. I don't want to poke the bear yet but I'd like to know something ....

Meanwhile our health is not good and this is just an added stress ..

AussieNemesis

Female

Australia

2013-07-05 23:23:00

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!!

I doubt it ... Australia has no desire to import people with criminal records ... which is strange since we started as a place to dump convicts from England LOL...

AussieNemesis

Female

Australia

2013-06-10 10:30:00

Just a note to say I intend to follow up on this and look for information and Legal Precedents in a few weeks.

My mother has come to visit from Australia for a month so we're busy showing her places and stuff.

If anyone has information to share please message me here or email me if you wish to.

thanks.

AussieNemesis

Female

Australia

2013-04-27 17:34:00

Yep that's pretty much what I meant.

Cases where people have gone beyond USCIS and into a court of law and won.

If there is a precedent in a case where the situation is similar to mine then I can show it to my lawyer and get them to determine if it is grounds to argue for a waiver on the basis that there is a legal precedent for such a waiver in similar circumstances.

The more cases I can find I think the better my chances of beating this. And I would hope that the more information there is the better other people's chances too if they find themselves in this unfortunate situation.

Perhaps compiling a reference page for people facing this is a possibility in the future .. who knows.

AussieNemesis

Female

Australia

2013-04-18 00:57:00

Thanks for those links.

Apart from doing what people are recommending and getting our documents and evidence together I am thinking of searching where permitted for legal precedents where individuals have won against this law - in the hope that there are previous rulings that can be used by other petitioners ...

If anyone is aware of any legal databases that are accessible to the public, or of any cases where there has been a favorable ruling in an AWA case can you post them here or point me to them ?

Thanks

AussieNemesis

Female

Australia

2013-04-17 18:09:00

Thank you all for your advice.

I will get with the attorney asap and see what happens. I doubt she is experienced with AWA waivers though. Mostly she does employment migration not family migration.

I don't even know how to get certified copies of the court docs as they are in a different state to the one we live in. Will make my own inquiries on that and try to do as much of the document gathering as possible ourselves rather than pay an attorney's assistant to do it.

I appreciate the support, and I have a feeling I will need more of it for a while ...

His conviction was pre 2006 so that may at least help a little.

AussieNemesis

Female

Australia

2013-04-17 15:54:00

The lawyer ought to have been aware of this as the conviction was disclosed on the initial forms we sent in. Obviously there would be no point in not disclosing it as we knew they would check.

Still it might be nice if they actually earned their fees. LOL

AussieNemesis

Female

Australia

2013-04-17 11:08:00

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.

AussieNemesis

Female

Australia

2013-04-17 02:56:00

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 ?

AussieNemesis

Female

Australia

2013-04-16 18:02:00

We just received a notice that my husband (the USC) has to be fingerprinted because of the AWA.

I know his past, I know why this would pop up in the system, he is a registered SO.

However, I have no children and I won't be having any.

Therefore, how relevant is this AWA? Can we ask them to take that into account - that there are no children in the home and there won't be any from the relationship? He also has court documents stating he is allowed unsupervised visitation with his natural children and his nieces and nephews.

What do I need to know to combat the AWA?

thanks

AussieNemesis

Female

Australia

2013-04-16 16:37:00

I appealed my case over a year ago and still nothing from them. I am 5+ years deep in this with an amazing attorney. I just can't believe this. Does anyone ever have any success?????

CanadianLady

Not Telling

Canada

2014-08-31 23:56:00

Cases forwarded to VSC

My file has been there for over a year. I am 5 years deep in this process. SMH

CanadianLady

Not Telling

Canada

2014-08-31 23:54:00

Ugh. Does not bode well for current AWA cases unless the conviction is pre 2006.

Uhoh

Not Telling

2014-05-22 13:57:00

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

could you please how long did it take send Appeal from to BIA> how long BIA approved your appeal and remanded it back to USCIS?

minipie

Not Telling

Hong Kong

2014-04-07 03:08:00

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 =(

any update news about your appeal review? did they transfer your appeal to BIA?

minipie

Not Telling

Hong Kong

2013-11-29 14:17:00

Cases forwarded to VSC

My file has been there for over a year. I am 5 years deep in this process. SMH

I thought you are appealing?

minipie

Not Telling

Hong Kong

2014-09-09 01:43:00

Hi paustin,

AWA is not IMBRA, if I understood everything correctly. The Adam Walsh Act is for sex offenders, that's not our case! I know it's hard to get a visa if you have an AWA case, I red that a lot in here. Good luck! There is always a solution if both partners want the same things.

C&I

Not Telling

2014-05-30 02:14:00