biggish data

3.5 years later we have recieved our RFE with intent to deny last week.

My attorney is at a loss as we sent everything available to him and myself.

We are submitting eevrything again.
The only thing they have done is cost me a few thousand more in money.

It seems they try to wait you out then weed out people who are not as financially able to meet their BS.

goodluck all

evli1966

Male

Philippines

2012-11-09 15:40:00

Include all the evidence you can when you file again this time. As to try to avoid an RFE , submit all evidence that he is safe. Get a polygraph if he can, before submitting

After submitting all evidence the wait time for most is 2.5 to 3 years and for some more.

The majority of all time is spent in Background checks or at least listed as such as there is no transparency as to what happens to any claim AWA or not.

The Agency USCIS has no time limitation as to when it must present background findings or complete it search.

I do not tell you to frighten you but to prepare you an your husand for a long process which does not have any guarantee as to the decision that will be made.

Learn from the past; live for today; Hope for tomorrow.

evli1966

Male

Philippines

2012-06-28 14:07:00

It's one of those things that, while forgiven and done serving your punishment, you still have to continue to live with the fallout and consequences of your previous actions. These restrictions are in place for a good reason, even if not specific to your case. As far as meeting your fiance, there are still ways around having to fly to her country. It is harder, yes, but that's one of those consequences.

While I agree with consequences you must realize these are not consequences caused by their actions but mandates/penalties added retroly to their judgments.

Slippery slope my friend.

How would you like to have NSA knock on your door to remove your loved on ebecause of a misdemeanor from 20 years ago is now Federal crime and they decided it is best that person should not live with you.

Consequences or added punishment or....

I will state that if the registery were to be fixed to contain the actual sexual predators (diagnosed by doctors not law makers and angry victims) then I would support the no travel laws.

But until that happens the rising support for reform will continue as they add more and more poeple to this bogus registry and I will be against any law that restricts peopel on the registry.

evli1966

Male

Philippines

2013-07-16 23:50:00

not sure if I understood things right...the Philippines is denying entry to US visitors who are RSO only? The OP mentioned process undertaken within the US. Is it really the Philippines stopping them to allow US visitors with sex crime records to enter or USA has negotiated not to allow people with such records to enter? The Philippines should apply it to all visitors not just to US visitors.

ih there is no reports of other nationalities being stopped. . whether they are or not we do not know .. is this lack of communications or is it just not happening?

evli1966

Male

Philippines

2013-07-02 05:14:00

not sure if I understood things right...the Philippines is denying entry to US visitors who are RSO only? The OP mentioned process undertaken within the US. Is it really the Philippines stopping them to allow US visitors with sex crime records to enter or USA has negotiated not to allow people with such records to enter? The Philippines should apply it to all visitors not just to US visitors.

This has been in the works since the introduction of the international megans law which failed. The USA controls tge visas from these countries so arm twist them to comply with their way of thinking also ..I could go on politically but when a large country threatens a smaller one they look for someone to protect them and there are costs...

evli1966

Male

Philippines

2013-07-02 05:11:00

While I agree that not everyone who is a RSO would pose a threat to anyone regardless of the country it would seem that 'most' ARE! The whole point of someone being a RSO is the nature of the crime that they were charged 'guilty' with. Most (I've seen many statistics) people who fall under this are indeed a threat to children, teenagers, adults, pretty much anyone! I don't like to judge people but sexual crimes are some of the worst ones a person can commit but I certainly understand what your trying to say. We all pay for the things we do but some pay more than others but that's the world we live in.

One more thing, a person being 'trapped in the United States' will NEVER be a bad thing in my opinion. Look at all the people who are trying to get in and live here and I bet most of them really wouldn't have a problem if they couldn't ever leave!

I disagree most are not a threat as every study has indicated.

Although I was never a sex tourist (please forgive the so called discription) many men not just RSO and not just americans...Asians, Asutralians, Europeans, Middle Easterners travel to southeast Asia including the Phillipines to participate in this.

No excuse just fact.

I do agree someone that is currently on probation/parole should not be traveling but if USA wants to mandate 10, 15 , 25 year registration on people then the registration should not be public nor international unless and investigation is opened from another country regarding illegal actions of someone there. someone given life registration has been deemed dangerous and should be watched at all times...keep in mind there are people placed on the registry as such for minor offences.

If the Phillipines wants to stop the sex tourists then they need to stop the political corruption from pulis to judge to senators then crack down on the bar owners and the girls selling themselves.

You say why the girls because just as it is here in the USA there is human trafficing and there are the women who sell themsleves without being forced to do so. So to stop human trafficing and protect the victims you must stop or control the legal selling of sex as in Nevada.

BTW if you stop the girls here I do worry that the kidnap scams from other 3rd world countries will increase trapping these women overseas against their will.

As for being trapped in the USA I spend more money than alot of people earn in a year in the USA maintianing a townhome and my fiance in the Phillipiines and then traveling to be with her 40 days a year. Why; because I love her and the USA citizens/USCIS are controlled by fear mongers and I refuse to be subject to their BS.

I am not registered but BS laws like this are forced by the USA and as we all know once they pry a little they go for more.

Edited by evli1966, 24 June 2013 - 07:03 AM.

evli1966

Male

Philippines

2013-06-24 07:00:00

Well you see it is a bad thing because due to the Adam Walsh Act, anyone that is an RSO can't petition a Spouse , without meeting extreme criteria which is currently arbitrary. Causing many families to be tore apart. You can see many people here under IMBRA have been waiting 3 and 4 years for some sort of response on immigration cases.

And yes, being "trapped" is a bad thing. People have the legal right to travel and in a way this prevents that legal right. Maybe we will see some sort of class action lawsuit regarding it.

Anyone ever convicted of a Sex crime (crimes listed in the AWA) must meet the extreme criteria which is arbitrary to petition a spouse.

This is whether they registered or not.

evli1966

Male

Philippines

2013-06-24 06:44:00

New IMBRA Enforcement has me worried!

I just got my NOA2 and did exactly what Filipino Cupid advised me to do, which was to explain how they were exempt. And it worked.

Al422

Male

Philippines

2013-12-06 12:51:00

New IMBRA Enforcement has me worried!

A lot of sites don't need it. There is a total exemption from IMBRA docs if the site is open to non US clients on an equal basis with US clients and charges non US clients the same fees. The one I used, Filipino Cupid, is such a site and exempt. When they told me about it I thought they were blowing smoke, but then I read the exact regulation they cited, and they were absolutely right.

Al422

Male

Philippines

2013-11-20 18:37:00

So?

It seems you lack an understanding of courts and jurisdiction. That is OK, but there is more missing here than I can teach you. So you can either take my word for it that you can't use the US courts to divroce somebody who never set foot in the US, or not. If you choose to not believe me, so be it.

To the OP: I stand behind my advice. Go for the waiver. I think you will get it, especially in light of the despicable conduct of your most recent ex. It benefits both of you in that it protects your legal rights better and it gets her here faster. And if it fails, you still have the CR-1 route open to you.

I got my waiver, easy and fast. And I heard of much tougher cases where the guy got his waiver too. You should get yours.

Al422

Male

Philippines

2014-04-12 17:54:00

I see no reason why you could not get divorced ion the US.

If the wife never enters the US, she is not subject to the jurisdiction of the US courts.

Al422

Male

Philippines

2014-04-12 16:34:00

One caveat about marrying her in the Philippines: I hope this is the true love you have been searching for and you indeed stay married till death do us part.

BUT you are batting 0 for 2. Let's face it, you don't have a good track record in the marriage arena. And now you are talking about marriage in a country that has no divorce and where a judicial annullment costs a fortune and takes years. What will your contingency plan be if the relationship goes the way of your two priors before she makes it to the US? You can't sue her for divorce in US courts until she is here. In order to marry anybody else you will have to go to the Philippines, hire a Filipino lawyer and pay and wait whatever it takes to get an annullment there.

I am not suggesting this will ever happen; just pointing out a worst case scenario and one that is within the realm of possibilities. You will be in a much better position regarding your own legal rights if you do the K-1 route. Waivers are not that hard to get, really. The worst possible result is that you don't get one and still have the CR-1 route open to you.

I pictured myself in that scenario I painted had I gone CR-1 with either of my former fiances. In each case I would have had to return to Russia and get a Russian divorce through a Russian lawyer. Instead I just withdrew my petition, closed the books on them, moved on and thanked myself for doing K-1 instead.

Al422

Male

Philippines

2014-04-12 15:32:00

Waivers are not that hard to get.. I had 2 prior K-1s, and both of them blew up in my face when my former fiances changed their minds after the triggering event, the NOA2. Despite that, I got a waiver for K-1 #3, easy and fast.

Now every situation is different, so I am not stating definitively that you will get yours easy and fast. A difference I see here is that 2 ladies who would not have qualified for a green card got them as a result of your actions and decisions. My green card score, on the other hand, is ZERO.

The mechanics of getting a waiver takes the form of a letter you submit to USCIS along with your usual I-129(f) filing, which I assume you are a pro at by now. (I certainly am.) Explain to them that the first two were indeed bona fide relationships, explain how you fell in love, how happy you were in married life, how you had every intention of staying married till death do us part, but it just did not work as you had hoped. It would also help to tell them what you learned from these two relationships that you will use in #3 to reduce the risk that it will suffer the same fate.

I ran my proposed waiver request letter past the members here, and most told me it was too long (3 pages). Maybe it was too long and maybe it was not. But one thing was for certain: It worked.

Good luck to you, and hope I was able to help.

Edited by Al422, 12 April 2014 - 12:53 PM.

Al422

Male

Philippines

2014-04-12 12:52:00

#1 I was NOT convicted of anything; adjudication was witheld on the felony battery on a child charge.
#2 At no time ever did my case involve anything even remotely resembling or having to do with child pornography.

I suggest you read more carefully prior to making uninformed posts.

I also have a case with adjudication withheld, but i believe that counts as a guilty

A and T

Male

Philippines

2011-06-28 19:13:00

How long has it been since the "offense" occurred? and have you been in any trouble since? How old are you and your finance',? Does she have any kids?

A and T

Male

Philippines

2011-06-28 00:20:00

Agreed if you are from Canada why not petition him to Canada? I would guess its much easier since they dont have AWA

A and T

Male

Philippines

2012-06-29 20:04:00

Include all the evidence you can when you file again this time. As to try to avoid an RFE , submit all evidence that he is safe. Get a polygraph if he can, before submitting

A and T

Male

Philippines

2012-06-20 04:08:00

Nope, they informed before they left and were still denied.

A and T

Male

Philippines

2013-05-20 19:24:00

Well you see it is a bad thing because due to the Adam Walsh Act, anyone that is an RSO can't petition a Spouse , without meeting extreme criteria which is currently arbitrary. Causing many families to be tore apart. You can see many people here under IMBRA have been waiting 3 and 4 years for some sort of response on immigration cases.

And yes, being "trapped" is a bad thing. People have the legal right to travel and in a way this prevents that legal right. Maybe we will see some sort of class action lawsuit regarding it.

A and T

Male

Philippines

2013-05-20 06:11:00

But you have to realise not everyone on this list has bad intentions when visiting. You could be on this list for a wide range of things , its not good to just instantly judge a person without all the facts of the case or without comparison to laws of the philippines. (the Philippines should review what law was broken in the states and determine if at the same time period it would have violated its own law)

A and T

Male

Philippines

2013-05-20 02:21:00

Source: http://www.gao.gov/a.../660/652194.pdf

Read this document carefully ,

"NTC uses passenger data collected from the Passenger Name Record (PNR) and the Advance Passenger Information System (APIS). PNR data are collected when an individual books a flight, for example, from a travel agency or airline. Pursuant to regulations, APIS data are collected and sent by airlines as individuals check in for the flight and no later than the moment the aircraft?s doors are closed and secured for the flight (or no later than 30 minutes prior to that moment, if transmitted in batches), and by cruise lines 60 minutes prior to the ship?s departure from the United States and, for incoming vessels, at least 24 hours (at least 96 hours for voyages of 96 hours or more) prior to arrival at the U.S. port of entry.

"to determine whether a registered sex offender is on a particular flight, NTC determines whether any of the passenger data, such as name and date of birth, match any of the data in the FBI?s NCIC. However, NCIC may not always have complete information to enable NTC to determine if there is a match, in part because jurisdictions may enter information incorrectly or not at all because certain fields are not mandatory. In this case, NTC checks electronic public sex offender registries?which are not always up to date?to collect missing information, or calls relevant registry officials?which could take additional time.

"Specifically, FBI officials stated that, in collaboration with other IWG member agencies, they are developing a process that will send an automated notification to the U.S. Marshals? NSOTC and registry and law enforcement officials in the jurisdictions where the sex offender is registered: (1) when a registered sex offender has purchased an airline or cruise ticket for international travel, (2) 1 week before the registered sex offender is scheduled to travel by commercial air or sea transport, and (3) when a CBP officer queries that person?s biographic information at a U.S. port of entry, such as any U.S. airport.26

So mostly if you are an RSO, you are trapped in the United States it seems.

I also now know of 2 people personally that have been denied entry in the last few months. Trying to visit girlfriend/wife in the philippines . I hope something will change soon to allow people to prevail and be able to have a life, and loved ones together.

Edited by A and T, 19 May 2013 - 11:52 PM.

A and T

Male

Philippines

2013-05-19 23:47:00

It seems you lack an understanding of courts and jurisdiction. That is OK, but there is more missing here than I can teach you. So you can either take my word for it that you can't use the US courts to divroce somebody who never set foot in the US, or not. If you choose to not believe me, so be it.

To the OP: I stand behind my advice. Go for the waiver. I think you will get it, especially in light of the despicable conduct of your most recent ex. It benefits both of you in that it protects your legal rights better and it gets her here faster. And if it fails, you still have the CR-1 route open to you.

I got my waiver, easy and fast. And I heard of much tougher cases where the guy got his waiver too. You should get yours.

Sorry - you're dead wrong. You can indeed divorce someone who has never set foot in the U.S. using U.S. courts. :rolleyes: I'm a law school grad, I've studied jurisdiction extensively - which didn't touch on this at all. :no: However, this definitively answers the question:

From http://www.philippin...g/FAQS-MAIN.htm

Question: Are there foreign divorces that are recognized under Philippine law?

Answer: As a rule, divorce is not recognized in the Philippines as a mode of dissolving marriage. In cases however where a Filipino citizen contracts a marriage with a foreigner, a divorce validly obtained thereafter in a foreign court by the foreigner spouse, i.e. the foreigner spouse initiated the divorce proceedings, such a divorce will be recognized under Philippine law (Article 26, paragraph (2), of the Family Code). The foreign divorce will have the effect of capacitating either the foreigner spouse or the Filipino spouse to remarry under Philippine law.

And no, the Filipino spouse does not need to be in the country, not do they have to have been there. This is actually an exceedingly common scenario.

Edited by Jon and Sol, 12 April 2014 - 07:40 PM.

Jon and Sol

Not Telling

Philippines

2014-04-12 19:39:00

Can you marry and file for a C1r, to get around the IMBRA issue?

utopia2004

Female

United Kingdom

2011-02-17 18:28:00

You should come to Miami and see the kind of people we have living here illegally. It would boggle your mind.

jgvmd1968, have you ever found the real denial reason that you satted you did not get a chance to view it because you were overseas? What is the reason of denial? Insufficient document or ??

paustin

Not Telling

2012-01-27 11:46:00

New IMBRA Enforcement has me worried!

Take a look at my recent post on this:

http://www.visajourn...s/#entry6698465

I just filed for I-129F myself, so we will see how USCIS interprets it,

but based on the languages they used to described IMBRA requirement

actually many online dating sites would not fall under IMBRA.

I found many posts on this site where they claimed "NO" IMBRA on their I-129F

and they got their visa approved just fine.

Read over the my post and the IMBRA requirements carefully.

Also, call your dating site and asked them if they fall under IMBRA.

I think chances are, they don't.

DualityOneness

Male

China

2013-12-18 09:47:00

Missing Imbra Consent Form Question 35a

I know this is really confusing, but most online dating sites do not fall into IMB category.

If the site offers same service to both sex and charges same amount, then highly likely

it doesn't fall into IMB.

You may want to call them and amend the application to say "NO" to IMB.

DualityOneness

Male

China

2014-02-21 11:50:00

IMBRA and criminal records

You didn't state clearly, but looking at your profile, you are intending to petition for a K1 visa,

then you will need to submit I-129F (and other documents).

If you read the IMBRA requirement very carefully here:

http://www.uscis.gov...i-129finstr.pdf

But to be sure, you can ask the agency/site where you two met as to whether they fall under IMBRA.

But based on minimal description you provided, it wouldn't be IMBRA at all.

Also, DUI is awful record to have, worse yet, life threatening habit that have the potential wreck the lives of

you, your future family, and unfortunate recipient parties that you could get into accident with.

If my family member were considering marrying repeat DUI offender, I would try to convince them out of it firmly.

But, hopefully its all history and you've sobered up, right?

As bad as DUI is, I don't see any mention to report those records in I-129F filing.

So I think you may be completely OK.

However, I can see on USCIS site that they will run background check on you,

so I don't know if they will look deeply into this and cause impact to your K1 visa processing.

I'm thinking not.

Best of luck!

DualityOneness

Male

China

2014-01-06 17:08:00

AWA: denied / approved / waiting

Hello for everybody!
I decided to clarify a picture. What happens with petitions which fall under AWA? If you are one of us, or know somebody who went/going through it, please, tell were you approved, denied or you are still waiting?
Please, tell whow long did it take or taking?
I know, timelines is a great source of info, but I attempt to put it all in one place.
I hope that will be helpfull info not only for my restless mind but for many other people.

I can start.
1 case: denied.(Got RFE at the interview with 30 days timeframe. Didn't met the deadline. Denial decision in 6 month. Total time 11 month.)
2 case. Pending. (18 months from filing to interview. 5 months since interview - no RFE, no decision... nothing. Waiting. Total time 23 months so far.)

kazuava

Female

2010-01-08 01:36:00

Yes, when we got denied everything was denied too: work permit, I485, travel permit. I believe you could reopen, because I remember someone did that and they also were denied based on AWA. You say that the second layer wants to "start everything over... from the very beginning to refile all we had" - we reviled after our first denial and all it did is three more years of hopes and denial again. You can appeal now - you disagree with the decision, right? Why to stretch? Unless changes are made to Awa or the way it is applied and adjudicated a chance to be approved on the USCIS level is slim.

But please get more lawyer's opinion!

Only court can order you to leave, so before that no one come search for you.

Replying from scratch will keep you in status while you case is pending, and the court hearings will be postponed - I had this kind of thing going for 3years, and if you are approved on your 2 case, the first goes away, and you ar good, but if you are denied, you back in the same position. Appeal also will keep you from deportation.

kazuava

Female

2013-08-09 03:53:00

While I agree that not everyone who is a RSO would pose a threat to anyone regardless of the country it would seem that 'most' ARE! The whole point of someone being a RSO is the nature of the crime that they were charged 'guilty' with. Most (I've seen many statistics) people who fall under this are indeed a threat to children, teenagers, adults, pretty much anyone! I don't like to judge people but sexual crimes are some of the worst ones a person can commit but I certainly understand what your trying to say. We all pay for the things we do but some pay more than others but that's the world we live in.

One more thing, a person being 'trapped in the United States' will NEVER be a bad thing in my opinion. Look at all the people who are trying to get in and live here and I bet most of them really wouldn't have a problem if they couldn't ever leave!

dobbietoo

Male

Philippines

2013-05-20 05:22:00

I disagree most are not a threat as every study has indicated.

Although I was never a sex tourist (please forgive the so called discription) many men not just RSO and not just americans...Asians, Asutralians, Europeans, Middle Easterners travel to southeast Asia including the Phillipines to participate in this.

No excuse just fact.

I do agree someone that is currently on probation/parole should not be traveling but if USA wants to mandate 10, 15 , 25 year registration on people then the registration should not be public nor international unless and investigation is opened from another country regarding illegal actions of someone there. someone given life registration has been deemed dangerous and should be watched at all times...keep in mind there are people placed on the registry as such for minor offences.

If the Phillipines wants to stop the sex tourists then they need to stop the political corruption from pulis to judge to senators then crack down on the bar owners and the girls selling themselves.

You say why the girls because just as it is here in the USA there is human trafficing and there are the women who sell themsleves without being forced to do so. So to stop human trafficing and protect the victims you must stop or control the legal selling of sex as in Nevada.

BTW if you stop the girls here I do worry that the kidnap scams from other 3rd world countries will increase trapping these women overseas against their will.

As for being trapped in the USA I spend more money than alot of people earn in a year in the USA maintianing a townhome and my fiance in the Phillipiines and then traveling to be with her 40 days a year. Why; because I love her and the USA citizens/USCIS are controlled by fear mongers and I refuse to be subject to their BS.

I am not registered but BS laws like this are forced by the USA and as we all know once they pry a little they go for more.

not sure if I understood things right...the Philippines is denying entry to US visitors who are RSO only? The OP mentioned process undertaken within the US. Is it really the Philippines stopping them to allow US visitors with sex crime records to enter or USA has negotiated not to allow people with such records to enter? The Philippines should apply it to all visitors not just to US visitors.

eagerly

Not Telling

2013-06-28 10:50:00

Were they denied entry because the RSO failed to inform the law enforcement officials in their jurisdiction of the plan of leaving the US and will be travelling to another country?

eagerly

Not Telling

2013-05-20 09:47:00

Any current AWA affected couples out there?

Without a conviction, how would it fall under AWA?

novedsac

Not Telling

2014-03-24 20:13:00

Some states want to see proof that during an absentia divorce the other spouse was not 'reachable', with returned mail etc.
Newspaper announcements are also used. It depends on the state.

Yeah, it does add extra expense and time, but much less than if the spouse was present and contesting the entire thing.

novedsac

Not Telling

2014-04-12 19:28:00

It seems you lack an understanding of courts and jurisdiction. That is OK, but there is more missing here than I can teach you. So you can either take my word for it that you can't use the US courts to divroce somebody who never set foot in the US, or not. If you choose to not believe me, so be it.

To the OP: I stand behind my advice. Go for the waiver. I think you will get it, especially in light of the despicable conduct of your most recent ex. It benefits both of you in that it protects your legal rights better and it gets her here faster. And if it fails, you still have the CR-1 route open to you.

I got my waiver, easy and fast. And I heard of much tougher cases where the guy got his waiver too. You should get yours.

So utterly wrong on the understanding of divorce.

First of all, divorce is a State issue whilst immigration is a Federal issue. Every State has residency requirements for eligibility to file and receive divorce. Every State requires one spouse to have met those residency requirements to file and be granted a divorce. No State gas a requirement that both spouses meet residency requirements. Divorce courts don't consider immigration status at all in terms of granting the divorce (though they may in terms of child custody and, perhaps, spousal support). Divorces are granted with one spouse in absentia all the time.

One can most certainly get a divorce if married in another country and their spouse fails to return to the US with them, as long as the filing spouse meets the residency requirements of the State filed in.

In fact, one could get divorced most anywhere in the world - I hear the Dominican Republic can grant a divorce over the course of a weekend, though I don't know if both spouses need to be present in DR.

Edited by novedsac, 12 April 2014 - 06:43 PM.

novedsac

Not Telling

2014-04-12 18:41:00

I understand your frustration and disappointment. You feel that your conviction for battery on a child makes no sense because you never came on contact or communicated with a child. But to answer your question of what you did wrong....You got convicted of a felony. From the perspective of USCIS it goes deeper because your crime directly involves violation of the AWA even if it was simply battery which it was not. My suggestion is that you understand the seriousness the issue of child porn online. It is not a victimless crime. Without a market these kids can't be exploited. It is up to those who find this stuff interesting to do their part to stop it. In dealing with the USCIS you can file an appeal. But I would suggest you undergo some sort of counseling so you can show that you are reformed. An appeal is not likely to be successful without it. If you have any other convictions at all your chances of success are going to be significantly less. I'm not sure if you are able to sponsor a marriage visa without AWA problems but you should look into that also. Best of luck to you and your fiancee.

garmar

Male

Philippines

2011-06-27 22:42:00

@evli1966,thank you for the reply.just keep your faith to God.Everything have purpose and there is time for everything. We just live according to what God's plan for us.Have a blessed day.

sweet42

Female

Philippines

2013-07-13 08:42:00

@evli1966, your love was great,can you tell me how you handle your relationship with your fiancee in the Philippines?I think we are in the same boat.pls. inform here if your petition was been approved.hope you have a great day. God bless both of you.

sweet42

Female

Philippines

2013-07-12 20:44:00

oh, my God that means I cannot see my fiance again in person.

sweet42

Female

Philippines

2013-07-13 01:18:00