biggish data

SkinTest for K2 - SLEC manila

Hi I read in a group forum that the Skintest for K2 derivative in SLEC-MANILA is only Wednesday. Is this TRUE??

I will appreciate inputs for those my fellow Pinay who have K2s and undergone skintest medical in Slec..

Planning on May 6 to have our Medical, I have K2, and I am confused if we should go on Monday or Wednesday..

Thanks!

lufthgiled

Not Telling

Philippines

2013-04-30 09:45:00

Hi all, it's been more than 6 months now, and I still have not got the biometrics appointment. What's going on? Should not I be getting that soon after I filed the k1 petition?

They said i should be hearing from them by feb. 15th according to customer service, but so far nothing. no case status update no mail anything.

We are almost the same...We filed the K1 last September 2012 and it will be five months this coming 24th and our case is still in initial review..My fiance called the lady this morning and told him that we will be hearing something soon about the case...And she added about the processing times...it is 5.5 months since we filed the case..Hopefully, we will both get an update soon about the medicals and interview...We have to be patient and have faith...to god be the glory!...Good luck to us and god bless...Just don't lose hope..thank you..

storminnorman

Not Telling

Philippines

2013-02-15 13:53:00

I just got the bio appointment today. It's been almost a year! What happens next anyone knows?

paustin

Not Telling

2013-05-02 15:36:00

We are almost the same...We filed the K1 last September 2012 and it will be five months this coming 24th and our case is still in initial review..My fiance called the lady this morning and told him that we will be hearing something soon about the case...And she added about the processing times...it is 5.5 months since we filed the case..Hopefully, we will both get an update soon about the medicals and interview...We have to be patient and have faith...to god be the glory!...Good luck to us and god bless...Just don't lose hope..thank you..

Are you under AWA too?
Petitioner here.

paustin

Not Telling

2013-02-15 17:26:00

Hi all, it's been more than 6 months now, and I still have not got the biometrics appointment. What's going on? Should not I be getting that soon after I filed the k1 petition?

They said i should be hearing from them by feb. 15th according to customer service, but so far nothing. no case status update no mail anything.

paustin

Not Telling

2013-02-15 13:07:00

Hi Music 678, we sent in our reply to the NOID. You do not have an email so that I can respond to you.
Please respond to my email so that we might correspond.

CanTex

Male

Canada

2010-04-06 14:47:00

AOS Application Transfer to Vermont

We filed AOS I130 & I485 in June 2010. Had our appointment in August 2010. Received RFE for certified
court documents (we had just copies). Sent in Certified Copy. Received NOID in October and they gave
us 30 days to respond. We sent in pysch report, Affidavits, letters, Polygraph. Just this week 2.5 years
later we got our letter transferring our case to Vermont.

Does anyone have any idea now what??? How long before we may hear of an approval or denial? Or will they
send us for another appointment?

Any information would be appreciated.

CanTex

Male

Canada

2013-04-06 20:57:00

Denial of I130

When we filed, AOS, EAD & AP, it was sent to Chicago. When we went for biometrics, 2010, it was San Antonio, Tx.

Nothing happened besides the NOID, until this year in April 2013, when we were advised that our case was transferred

to Vermont. So almost 3 years. Then on Monday, July 2013 we got a denial email. Still do not know what the denial

is for tho. AWA or the AOS??? They say it's in the Notice - cannot even hire a lawyer until we know what to tell them the

denial is for And they only give 30 days. So yeah, very stressful - got a lawyer lined up, if we can appeal, but if it is due

to the AOS,no denial appeal right? Just another day in the good old USA. I could go on about our life and all our responsibilites

about work, parents poor health, what we are needed for, etc. But what good is that. Everyone assumes that a Sex Offender

is just that. From morning to nite, just preying on anyone and everyone Gawd, it just kills me that mistakes happen, people

make mistakes and not even against little children that are so precious. But A HUNDRED YEARS FRIGGIN' later we are living

life, have not harmed anyone, and it will definitely take away from the family unit should the visa not be approved. So sad about

all these invisible lines around the world - where we can live - who we can marry and not worry about separating loved ones.

Okay that's my rant

Will let everyone know what the letter says when we get it.

CanTex

Male

Canada

2013-07-10 15:39:00

hi kazuava,

My son is almost 15 months and we do have plans to have another child, how far are you along with your 2nd?

Our deadline is fast approaching and I am getting anxious that we are not going to be able to provide enough proof. The therapist that I spoke with said that to me as well, that he does not see the connection between my husband's conviction to me since I am an adult. Of course the government is just taking a sex offender's rights away by not being able to petition, and it just adds to the prejudice that they have to face their entire lives no matter what the circumstances were behind their offense. The therapist also said it would be hard to do an evaluation for my husband that he has shown rehabilitation when he was not required to get treatment, there is no basis to do the evaluation on. They're just making it very difficult.

In case of a denial, I do plan to fight and make an appeal no matter how many times it may take to do so. The only problem with applying over and over again is that you have to pay the filing costs too. I just hope that through the appeal they will still let me renew my work authorization.

Hello!
Our therapist did general threat eveluation to an adult subject, and spouse, which is me. THose tests (4 hours of tests my husband told) can be done on everybody. And he is going to say that there is no correlation beteween a conviction and any threat to me and since therte was no treatment ordered there is not more needed to be done now. Me too, worrying about meeting a deadline, and worrying if USCIS is going to like all what we send, because they do conplicate things there, and I feel like they wouldt like to agree that no treatment was needed and he is psychologycly healthy... That is not what THEY think. Really, if they cared, they read police records and court transcripts they requested earlier. Where it also says that no treatment ordered. THat really speaks a lot about risk level.

As for us, I'm about 17 weeks along now.

I do know, if to reaply, you better have you medical done before reaplying. I mean, just to go and take a new one, just to keep it no older then 1 year. Because if medical is older then 1 year, its no good anymore. But after denial you have 30 days to act, wich is not enough to make an apointment to certified for immigration dactors and have papers on hand. Then, without medical, you can't apply for I485, and without it, you can't apply for work permit. All we aplied was I130. So, no work for me

But you said that you will go through appeals, if you have too. I DO think that is smarter!!! Because, if reaplying you have to go through the same office, through the same prosess...
But appeals are more expensive if to do it with lawyer. And I can't imagine doing it without one!!! But that is a way!

Menwhile, I hope our petitions get approved without extra hassle! And the same for the rest of us.

Edited by kazuava, 25 May 2010 - 04:00 PM.

kazuava

Female

2010-05-25 15:59:00

That isn't so crazy a fear, in California unless you have legal documents specifically allowing someone convicted of a sex offense can't live with their own kids.

Oh mY!!!
THat makes me feel so scared.

I'm trying to figer out what will happen if I have to leave. My kids (I have another on a way!!!!) will have to stay with dad, simply, because they are under different rulles, they are US citizents? And will on Court be able to ask Judge for a leave day anough for Divource and Custody battle over??

Or I will have to hope my husband give me kids voluntaary?

I also wonder if this Californis LAw is it only about new convictions or it may go retroavtively?

I think, if they do this law in other states and aply it retroactively, that is going to create a great mess!!! But I'm still so scared about what is going to happen.

Edited by kazuava, 25 May 2010 - 02:34 AM.

kazuava

Female

2010-05-25 02:34:00

Hi everyone. We fall under the AWA as well and we just received our NOID last week, so right now we are trying to gather enough proof that my husband is no risk to me. We were given 87 days as well. We filed our petition 2yrs ago, April 2008, we were married in March 2008. My husband was not required by the parole board to get any sex offender treatments so now we have to find a psychologist that will do his assessment, they said it would cost around $2000 for everything. I am just wondering, what will happen if our petition gets denied? Will they deport me? Are they really going to separate a mother from her husband and child? I can't get any sleep because of this as I am scared as to what will happen. I know my child who was born here can petition me but that in not until he is an adult.

Hello! I feel for you! I also have a daughter and another on a way!!!
He isn't even petitioning for you child. SO, US born child is beyond the reach of this law. I do know, that if you are denied there is a number of appeals you may go through, or you can reaply again and again. You are good for as long as you don't miss a deadline for action. After a denial 30 days are given to act. tHen if you don't do anything, you will have to go through court, and you kin'd of agreeng that you are subject for remuval.

THat is right, it used to be different, but now US sitizen cjild can petition for a parent only when he is 21.

The only thing I hope, that if we are denied now, and loose appeals, I will be able in a court to call to a judje feelings and to ask to postpone my leave day enough to have divource and custody battle over. Unless my husband will give me kids wilingly.

Frankly, my biggest consern about leaving kids with him, besides broken heart, is that another law will come to live when they will say that ex sex offenders can't have kids now and they will be taken to a foster family. I know, that sounds crazy, but a few years ago AWA the way it applies to immigration would sound like crazyness. Like, guy who spent 21 month for a crime 16 years ago can't petition for his foreigh wife?? Well, he can, but good luck to be approved.

2nd. My husband also was not ordered any treatments. Our lawyer said that if he was not ordered, then it was not considered nessesery based on nature of crime and bunch of tests he had to pass to evaluate his need for treatment. Lawyer said that that is not nessesary to go on treatment for out of pocket cost now. General evaluation and cover letter he is going to prepare with referenses that treatment was no ordered, ex. parole officer statement and both of us statemnts should be enough... That is what we are sending...

My husband went to psychologyst. Psychologyst himself said that he doesnt see a connection between his conviction and being a threat to me. And he is going to state it in his letter, plus results of tests for general therat evaluation my husband took. Also he is going to meet me in person and have this in his statement too...

I hope that is going to be good enough.
It costed us 1800, but he wanted it upfront.

Again, I feel so much for you!! How old is your child?

Best of luck to you!!!!!!!

Edited by kazuava, 22 May 2010 - 01:32 AM.

kazuava

Female

2010-05-22 01:28:00

I noticed after I submit a post, that link doesn't work. If anybody curious, just google USCIS - Guidance for Adjudication under the Adam Walsh CPSA .

kazuava

Female

2010-04-17 02:38:00

Hello for everybody!
First, I want to thank you everybody for sharing status of your cases.

About myself... We are gathering evidence for NOID.

What really worries me is after people sent proof the case goes in another long wait period! THat is crazy. Like jaz33 sent it JAN LAST YEAR! With all respect to Gov, if jaz33 is a threat suspect, please, deside upon it sooner, so his wife is not going to be hert! Isn't this a logic you would expect? I'm kidding about you, jaz33, being a threat. Hope you get a joke, I just was upset about that wait! And "fridays" you keep hearing about.

But, for instance, there are certan categories who are getting to the US trough very quick prosess, because of a danger on their land. That is very understandable. But why then they can't work faster on AWA cases? If USCIS implys that I need to be saved from a danger of my husband, please do it! It's almoust 4 years now, 2.5 year old child and another on a way... While I don't have a work permit for over 2 years now, me and our daughter totaly depend on him on everything: food, closes, my bills... In this economy its being spoken on every corner what kind of a trategy when one member of a family loses a job (God save his job!!!), but here for 2 years since denial I cant even try go to work! 2 years he pulls his growing family by himself. Doing good. If he could take advantage of me, there would not be any better apportunity that now, thanks to USCIS. Isn't that a bit of proof in his favor?

If there are any USCIS employees reading through posts (there was such a thought spoken somewhere) please, get those cases out of a dusty pile and do something. Denial is not a bad decision. It's a decision, at least. Like our lawyer says, there are more chanses on appeal that the law will be applied. That is so hard to proof that somebody is a danger! Even if he or she is! AWA filer presumed to be a danger because of his past convictions. THat is according to USCIS - Guidance for Adjudication under the Adam Walsh CPSA , not even AWA itself. (http://***removed***...hread.php?t=360). Regardless of people neative feelings, that is not going to hold in a court. Petitioners do their homework trying the best to show that they are not going to commit any future crimes... Ant then a cerk in USCIS decides he is not convinced?
That is nutts. For any other CRIME, even a KILLING(!) until proven guilty you are innosent.
I feel good for people who where denied. They still have hope! I personally would prefer to be denied quickly on this stage then wait forever! Then we would go to appeals. First appeal is paper appeal. ... But then 2nd appeal is when you actually will be seing a judge and case will be listened!
And then there is Supreme Court (no money for it at least for us

Well, of course, I hope there would not be a denial, but everything goes smooth this time

)

Also, I notised, that if USCIS really feels that denial as a right decision thay don't sit on it for too long, but otherwise....... That is just a conclusion, based on not enough facts to be called truth. But it seems to me like that. And those people DO have a chance in a court house!

For those who wait for months and months... I decided for myself that after 3 months after we send supporting docs for us, I go to Infopass. And then every month! That is what moved my case last time. I hope it works again!

USCIS, please, if you think I need to go home, do it sooner. For my and children safety! Is't safety and well being of applicants is one of the main consernes? The more time I'm here, the more difficult is to get back, the more connectiona are lost.

And the last thing. Something to thing about.
There was a psychological experiment. 2 groups of people were shown the same picture of man in separate rooms. To one group he was described as a very bad man, criminal, etc. To the 2nd one the same guy was described in a positive way. Examinees were asked to tell if they could see signs of it by looking on a picture. Well, both groups found some. Like, his eyes were bright and open, face looked like a man you could trust. Or his eyes were evil, he looked like a drinker.
The test was about suggestibility. The fun part was before teacher started a lecture, he did it on us, students at that time, as well

Good luck for everyone!

Edited by kazuava, 17 April 2010 - 02:33 AM.

kazuava

Female

2010-04-17 02:28:00

Hello for everyone!
Just a quick update on my case.

March 10th we got new biometrics apointment for my husband, called about it becase he already did biometrics for this case, and got the answer that it expired, he needs to do another one. Appointment is in a next few days (we had to reset it because of a VERY short notce: only 3 days before appointment!)

But a few days later we got something better! NOID finaly! Hooray!
From what I understand now, that is inevitable step for AWA petitions. The only thing is that normally people get NOID papers right at the interview, or very soon after it. I did infopass appointment in Feb and I believe that was the only reason why may case started to move on!
I wish to know why it was sitting dormant for 2 years, but suspect that is going o be a left as a mistery.

Big thanks to Infopass and an Immigration officer whom I saw there.

Happy Easter for everyone and good luck with your application!

Edited by kazuava, 04 April 2010 - 05:15 AM.

kazuava

Female

2010-04-04 05:14:00

Hello for everybody!
For those who are interested, I have a few updates to post.

On 22nd I had my 3rd Master hearing on remuval prosedures started on me after 1st denial. Judge asked if there are any results on my 2nd case, and because there was none, reset hearing for August. Nothing else we didn't expect. Our layer before the 1st Master hearing told that we wouldn't need him there, unless we want. He said it will be being reset untill any news. Special THANKS for him here because his honesty saved us a lot of money. All those 3 hearings, which was 5 minutes each, by the way, we made without lawyer by our side.
Prosecutor said to judge that delay may be caused by the fact that USCIS is currently reweing their prosedures and guidelines applied to AWA.

On the same day I had my 1st InfoPass appointment. I resently learned about this servise and I liked it.
My 1st qwestion was if there are any news on a case. THe Lady said that since my interwiew (it was in August 2009) nothing was done and there was not even a person assignes to work on my case yet. Recognizing the long time since the case was filed, she said "she will move it in a proper location, so somebody will be asigned to start working on it". And she thinks, that in 60-90 days we should get something on mail, probably RFE, she said.
On my qwestion if she would advise to sent any proff in our favour ourself before getting RFE, she said, she would wait, because RFE will provide some good info we may use.

WEll, I was so glad we had this InfoPass appointment, it may be that somebody will finally start working on my case. Please, let it be a reasonable person! So, I will be checking mail and hope for the best.

May be Infopass appointment is something everybody else should consider doing? At least to find out if the case is being worked at all yet? Plus, that is a great opportunity to ask whatever you want and get an answer from the 1st hands!

Best regards for everybody.

kazuava

Female

2010-02-25 02:13:00

kazuava, what will i do if they will deny me??what will be my plan b??i really don't know what would i do next.. now, i will be renewing my work permit on the first week of feb this year, is there really a miracle in getting approved??if i would be denied later, can my husband still file for another petition and petition me??what are the forms and the steps..please keep in touch..

Hello, tel_raider!
Let me start from correcting my last reply to you.
I said that they can't deny without stating a reason. Notice of Intent to Deny may simply state that "the USCIS intended to deny petition because he was ineligible to file a family-based immigration petition under the Adam Walsh Child Safety and Protection Act" (from one of the posts). Unless your husband "proves beyind any doubt that he poses no threat to benefisiary".
There is a chance you will get such a notice, like me and anybody else. In that case the only way you will get approved is by providing strong evidence. You know his case better. Starting from your individual situation think what you can provide. But I found 2 very good lists of proff in a threat Adam Walsh Act was beat. They got APPROVED! THat is a good news. So, what I would suggest is save up money, come up with letters from yourself that you knew about it before you got married, himself with his explanation and his feelings about past and future, relativer, friends... May be those you can do now, to save you presious time in future. And if you get NOD get to costly polygraph, psychological exam, etc.
One guy wrote me he got 87 days deanline to send proff.
THat is your plan A: to do what you have to do. Your petition is still alive.

If you miss a deadline and is denied because of it. Reaply! THat is the best! As for forms - regulas, just like 1st time, but we attached certified copies of police records and all of it WITH it. With explanation letter.
If you got denied because your proff is not sufficent... If what info you told about your husband past is exact, you sould be approved. Stalkind etc, isn't a good thing, but in comparathing with what it could be is nothing.
But in the worst case... We think that the beat way to appeal will be to Fed Court, because from what it reads that the ajudication of him being a threat is not appeable. In case that happens we will not take chanses with deportation court but go to Fed Court. (lawyer will be necessery at this step, and I may be wrong, YOu may be able to appeal to immigration court. When I was denied there was something about appeal withing 30 days, I think. But the point is that you may appeal, but you want to get a result in your favour. I know, our layer thinks that Fed Court is the best option, but we haven't discussed that a lot because he hoped we still get it without it).
That is why, save up money. 10 000, but 15 000 should be a goal, and should cover Fed court as well. Or at least do your best! And in the end you may and up spending only 1/3 of it! I really think you will be fine without any appeals to Fed court which is 10000 out of those 15 000 of what I wrote above (all aproxamate). WHat a nice downpayment for a new car left :blush:

How are your interview for work going? THAT should be your 1st priority now! Get work, get money + work will help you forget you worries at least for part of a day!
YOu should get your work permit again.
Believe! It will be OK!

kazuava

Female

2010-01-23 05:13:00

Hi Kazuava,

Thank you so much for the information that you shared. I am new to VJ and mostly reading threads. My husband is an AWA petitioner and he went on to have biometrics last week. We also went to have infopass appointment a few days after the biometrics for us to know what really happened to our case coz the lawyer that I've asked said that it is unusual that the petitioner have to go biometrics, she thinks it's an error. When we went for the INFOPASS appointment, even the person we talk to there was also shock about it. He said, he never had an experience about it. The guy in the appointment look at his computer and told us that USCIS sent us Notice of intent to deny and we are still waiting in the mail. Do you think, it is their new policy? If it is, why they only do that to AWA petitioners and not to other felons like for example murderers?
Please if you have more informations about AWA petitioners petition, I will be grateful and thankful for you sharing it.
Godbless always.

hello, music678!
In January 2002, USCIS started to conduct background security checks on all petitioners in addition to the beneficiaries. After adopting Adam Walsh Act, according to USCIS - Guidance for Adjudication under the Adam Walsh CPSA, if during background check there is a hit on any sex related crimes, fingerprinting is scheduled to clarify it. If fingerprinting proves it wrong, case is prossesed is normal, if proves the crime took place, it will be analized if it falls under AWA.
YOu know, your case does. So, what you went through is not unusial, but normal in AWA cases world. We had to do the same, both times.
THat makes me question the knowledge of your lawyer. He may be a great lawyer, but not knowledgebke in a case of AWA. And in future you may need a lawyer. THat is just a thought, but you may what to check out now, while you don't need help for atterneys who have an experience in AWA or at least have an idia and will be willing to play this game.
About your next question, I have only a guess. I think, THe NOD1 is sent in all cases after it's clear that they fall under AWA. In this NOD you may get the request of sertified copies of police records, court dispositions, etc. you will be given a deadline. PLEASE meet it! Or you WILL be denied! USCIS doesn't have to take into account any of your stuff you send after deanline.
Then USCIS should look under microscope in your case to see the nature of a crime to decide if your husband poses a risk to you.

Here you come to a point where you need a good advise not from me.
Looks like to get those police records is just another step for USCIS. THat may sit on a case after getting all of it for a long time. I think, the best is to sent WITH police records and etc., supporting documents that he is not a threat. THe best lists I found in a thread Adam Walsh Act was beat.
Your husband has only one chance to prove he is not a threat. The desision in not appeable! (That is unfare, I think...) SO, be really serious when you deside to send your proff.
Because we sent all police rec, etc WITH our petition, and, frankly at the interview the officer was totaly unfamiliar with them. She had only knowledge of my husband commiting a crime. So, now we are waiting for a letter from her where she said she would state what she wants to see as a proff. My husband as well as lawyer, because of a precausion, don't want to spent thouthands of dollars on a proff untill they see a request of any kind. After readind forum, I have an impression that we sould get a NOD with option to prove "beyond any doubt that he doesn't poses any risk to benefisiary". Without details of what exactly they want to see. But, we are waiting for allmoust 6 month for this letter, I guess, we can wait more.

THough, frankly, I tend to think that the beast thing to do is to prepare strong proff, like those guys did and send, because eventually you will have to send it anyway. After USCIS gets that, they will have something to work on. THat sould speed it up. The cons: it may be expensive.

But after sending prof you are approved, or not. And from what we understand, because the estimation if he is a threat to you is not appeable (in immigration guidance), you best shot is to appeal in federal court.

I may be sound in a confident mannear, but that is still an oppinion, and God save me if I misunderstood something from my discussion with my husband about what is going on and what can be.

As for you last comment... I agree. Murders? What about people who was charged with bitting wifes and children? And finally, what does it have to do with us, adults? Our husbands will not be any safer for public if we are deported. rehabilitation also means sucessfull reinregration into sosiety. And the whole AWA (not only in immigration point of voew) is a big obsticle for it.

Good luck!

P.S. What is your timeline?

kazuava

Female

2010-01-23 04:25:00

kazuava, im on a tourist visa too, last march 24, 2009 we filed for an adjustment status and submitted all papers needed. yes, i was able to have a decent interview with an immigration officer.the interview went pretty good, no doubt of a bonafide marriage, and he even disclosed to me that my husband was guilty of stalking, violation of protective order and indecent exposure. i know everything right from the start before we got married anyway. sadly, that officer didn't even approve us. 3 weeks after, he called me up and sent me a letter stating that "he wants all my husband's court despositions,hearings, arrests and police records within 30 days, certified. my husband ran around the county trying to sacrifice his job to get all the papers and running after time. luckily, we were able to beat the deadline. after a month and 15 days, we received a letter from the uscis stating that my husband's convictions falls under AWA. luckily, we were able to beat the deadline again. right now, i have my ssn and my work permit. i struggled a long way thinking bout my green card everyday and even suffered when i was reviewing my nursing test and luckily passed it, i am now a registered nurse with bunch of interviews this month. i can't even concentrate sometimes. i am just asking God to grant my green card. we did not submit a polygraph test, it costs too much, would i still get a chance to be approved????

hello, tel_raider. reading your last post, the 1st thing comes in mind, be patient. YOur case is going through the typical AWA senario. Now, cince they determined that your case falls under AWA, they will have to make a decision if HE is a theat to you. The good thing is, that so far your case was moving pretty fast. But now you are at a critical stage. You are also at the same stage I am. We sent all courrt capers and so on WITH our petition. At the interview, IO spent most of the time going through those papers with my husband and, apparently half of then were missing, so she was taking our copies, we had with us...
My interview was 5 months ago and IO said she will send us a request for what she thinks is a proff of my husband being not a threat to me (those papers are not a proff, they get IO an adea about what happened in your husbands past).
And the reason I went to this forum was to find out from those AWA petitioners who got approved, if they sent proff by themselve or they where waiting for USCIS sent a letter requesting it. Unfortunatelly none of those people reply.

They already accepted your petition, evaluated it and stated that it's under AWA. Thay can't deny you just because of it. But now there are decisions to make: wait for any kind of actions from USCIS, thinking, that eventually something going to happen and USCIS is a serious organisations and they will not have cases pending forever, or act yourself.
Act yourself, means to sent all proff you can. But here you have to be carefull, because AWA petitioner has only one attempt to prove he is not a threat. And, that is scary. You would think, that if you send not enough, USCIS would simply ask for more, but I'm afraid that they may simply deny, using that as a cause (like, well, you havent proved for us anything.... F..k you.).
Readung through forum, I have seen people proving themselve not a threat. What they sent is impressive. Yes, they did polypraph too. So, if you decide to act first, make sure you treat it seriously.
Otherwise, wait, live your life (they haven't deny your already, they will not too. With all that mess, they still need to state why thay are denying you. Just because your husband is AWA petitioner is not a reason. That is why USCIS changed their policy to NOT accept AWA petitions an a 1st place, because after accepting, things complicate. I thing, that is why AWA cases are on hold for such a time, because that is not that easy to deny, but they are undesirable for processing... Here I have to say that I saw a recent post of a guy who were denied. I really want to write him, I wonder what is stated in a reason for denial. In my denial it was "refusal to comply", when we missed deadline, but not AWA itself. It can't be!)
So, the worst what can happen it a LONG wait... And I mean LONG... You have your work permit and nurse licence. CONGRATULATIONS!!! I know, it's sounds hard but you will get used to a day going after day with no news... That's why, don't get crazy. You can do everything what a person with a green card can, and in a year if you have to, you can renew you work permit.

So, for now, I thing just wait. But it may make sence wait with perpose: save up money for expensive evaluations, work on gathering proff, get in touch with those who got approved! Consult your lawyer about if to send proff on your own.

Another thought PRO sending proff yourself is, that in USCIS guidelines states that the burden is on AWA petitioner to prove he is not a risk (crazy, even murders are assumed to be innosent untill proven guilty in court. And to prove theirs guilt is a prosecutor duty!). What is unclear for me is will we, you, somebody else ever see a request for that prove, or our cases are going to be pending for undefinite time?
That is a ? for your lawer, but I want to hear also from people who went through it!

Our lawyer recomends to wait, but my case is still differend then yours, because I have this courts hearing going on, and I saw that judges were unhappy to keep resetting them. So, may be that will make USCIS move. Otherwise, we have faith in law suits if we have to go through them. Lets say I got denied 2nd time (not yet

), then Master hearing on the 1st case will finally not reset, but held. On it individual hearing will be set and that is where we ARE GOING TO WIN IT!

Reading through forum, 90% of cases like ours are pending. That's why, with your lawyer help it may be a good idea to send proff of him not being a risk for you on your own.

So, don't act like the worst had happened. What state are you at? In my state I found a polygraph place for less then a 1000. Set a goal for 10 000 to save. With your work you can! Put yourself together and make it through interview! 10 000 Enough for all proff. More than enough. And hopefully in the end you will not need to spend it all on it on this #######!

I will keep your posted!

kazuava

Female

2010-01-15 15:38:00

I would look into getting an attorney. The immigration people seem to be screwing people around a lot lately.

Hello, Why me!
Could you tell what do you mean by "screwing people around a lot lately"? DO you have some facts to share?
What do you think can lawyer do at that point? (file in fed court isn't an option for us)
Thank you.

kazuava

Female

2010-01-08 00:45:00

my husband was convicted of stalking and indecent exposure..would i still get a chance of being approved after the things we submitted like counseling, community service in the dump site for 40 hours, community service in the church and a letter from me and his friends and pastor stating that he pose no harm or risk on me, on january 18 it will be a month old since we submitted every paper work that they need and the good thing about it, we were able to beat the deadline.. i suffered sleepless nights thinking about my greencard..pls help me..

Tel Raider, I assume that all of it was against minors and falls under AWA.
YOu have said you managed to beat the deadline? Congratulations! So, I assume, you were invited on the interview? Could you give more info about your journey? When did you apply, what steps were taken since?
As for your qwestion, you submitted it only month ago. USCIS isn't that qwick even with the very good and clear petitions. So, hate to tell you, but be prepare for wait. Don't waist your energy on worrying! That's not going to help! You have done all you could and did it good, you met the deadline!
Read my last post to cls0881. You may find something interesting for you to!
What is your lawyer saying?

kazuava

Female

2010-01-08 00:42:00

We hired an immigration attorney from International Institute of Metro Detroit. Cause we live in Michigan.
So far we like him because he is giving honest advice and the organization charges a reasonable fee.
He does not give us a lot of hope but he will help us appeal in case of denial. He knows it's a difficult task and he did his homework. We submitted every evidence we could according to his advice.

I am not sure if it's worth spending money on a private lawyer. Most of the private lawyers we talked to, in Michigan and Chicago, are not familiar with the AWA effects on petitioners. yet they want $1700 - $3000 for filing, excluding the fee for an appeal. We could not afford that budget. So we went with IIMD.

I did a search on International Institute of XXX and found that there is an International Institute of Los Angeles. Their website:
http://www.iilosange...immigration.htm

Looks like they are non-profit

I am not associate with them. Hope this helps you.

Hello cls0881 and other guests!
THank you for info!
I'm sure in the end result you will get your green card! Hopefully, sending proff right away will save you from denial, otherwise, I have a feeling after reading posts on this web sites, petitions gets approved, but unfortunately people have t go through a lot of trouble. But... what can you do? AWA prohibiting from applying for wifes, and other family bases petitions has not much to do with protecting children (when there are children it,s different), but what is more unfare is time USCIS takes to get any kind og desision on those cases or simply move to a new step, like send interview notice!
As for me, I would prefer to get denied, then wait for so long.

My husband and lawyer say that USCIS can stall it, but if case gets to court (denial), it's easier to get it approve there.

What I whant to say to everybody, in case somebody gets denied and deside to reaply, like we did... For God sake, file for work permit! We decided to save and filed only I130, to get my husband approved as a petitioner, which is the biggest trouble in AWA cases, but nobody knew how long would it be. And I really want to work, but I can't apply for work permit untill I130 is approved. I could be working those 2 years!

At the same time not sure if reaplying is good idea. Lawyer said they didn't have base to deny, reaply and we will get approved, it's cheaper and sooner they to go through courts system. Well, it took a YEAR to get invitation to deportation courts, but even longer to get interview on our 2nd case.

As for private lawers, I agree. Our lawer is one of the best in our state in immigration law (we didn't use a lawer when filing, only after denial) But he doesn't have any AWA experiense.
He says it's wrong, they didn't have basis to deny, case will not hold when it goes to court, that's why USCIS stalls it, or they would deny us long time ago. And he recommends to wait, we will get approved. He also was sure we get approverd before I get court papers. He looks as things as they sould be, but AWA petitioners are a very spesial group... They a treated like s...t. I don't think USCIS had been deciding if my husband is a theat to me for 2 years. That is when they say their prosessing tomes are 5 month for I130.

Summarizing, I didn't see denied cases on forum, I have seen approved and they were people like you, who submit profe! I wish you luck! (I do think it's sort of luck - to get a decent, thinking person to prosess your case, not like those I had to meet. So pray for that!) But what I see the most is wait and a lots of wait.

I don't think the court will be the worst thing! It may cost a lot, but judge have to consider a AWA in a whole picture with Constitutuin, Bill of rights, and many other laws. Judges are aware of the arguments around AWA and they decide upon USCIS case, not doing judging upon all SO. The lawyer will represent a case and will not let unfare treating happen.

Also, I'm thinking about writing to http://www.ci.northf...ightscommission
and http://www.aclu-mn.o...grantrights.htm

there is a very interesting resource: http://sosen.stormno...n...1&Itemid=11

I will keep you posted!

Edited by kazuava, 08 January 2010 - 12:29 AM.

kazuava

Female

2010-01-08 00:27:00

QUOTE (cls0881 @ Dec 23 2009, 12:23 PM) <{POST_SNAPBACK}>

Kazuava, I don't have a driver license because I have not learned how to drive since I came. I only applied for a state ID card. It's gonna be a long wait after my husband does his fingerprints. Our lawyer told us we might have to wait for as much as 2 years to hear a decision. If USCIS moves faster than that I would definitely update you guys here.

I hope your hearing in Feb goes well.

2 years... A long wait, but seems that is invitable. I wish you to be strong and have a good result in the end!
You mentined bebore, you got a layer from a nonprofit organization. What is it? Do you like him? Do you think it's worth spend money on private lawyer? Is he recomending to do anything, or wait first for USCIS action?

Sorry, again a lot of qwestions

P.S. Merry Christmas and happy New Year!

kazuava

Female

2009-12-30 00:31:00

QUOTE (nonversation @ Dec 19 2009, 11:38 PM) <{POST_SNAPBACK}>

I think you might need to hire a lawyer that specializes in immigration, if you have lived with him 3 years, that should be proof enough. I think you might could even file a lawsuit if you provide them with everything requested and it still goes no where.

Any decision between 2 adults should not be the place of the government to try to tear apart a marraige/loved ones

As far as I know, we can file to a Federal Court now, but that is VERY expencive. The filing fees are small, but the lawers will charge a lot of money for something like this.
Other than that... Our lawer says (he is an immigration lawer, supposelly a good one), not much can be done right now which will get the result. He told us to write to a director of the USCIS and include a copy of a letter to an Immigration board (I think that is it, not sure, need to ask my husband tomorrow). We should get some reply.
And he thinks that deportation court can kick USCIS moving, because they will not be happy to reset master hearing all the time for not a good reason (USCIS inaction is not a good reason) and my case nay be closed in court, meaning victory to me in the very best case.
But, however, so far he recomends to wait (my next court is in Feb).

I myself would prefer more active actions, but the lawer himself calls it waisting money! That slows me down.

Is there anything can be done without filing lawsuits?

Edited by kazuava, 23 December 2009 - 03:17 AM.

kazuava

Female

2009-12-23 03:12:00

QUOTE (cls0881 @ Dec 19 2009, 06:56 PM) <{POST_SNAPBACK}>

I like your last 2 paragraph saying that if they are worried that your husband is a threat to you how come it took them almost 3 years to process your case and yet not able to make a decision. You and your child would have been living with a threat for 3 years if your husband is really a threat. I totally agree with you.

When we submitted our paperwork, we included the standard forms and on top of that the certified court records, recent psych report (3 months), letter (affidavit) from me stating that he is not a threat to me and a detailed narration of our love story, letters from friends, etc. But we did not submit a polygraph because money was tight. We did hire an immigration attorney from a non-profit organization though. Most psychologists we contacted wanted 4-figure prices for the psych report. But we were lucky to find one for 3-figure...

So far we have not received any request for evidence from USCIS in the mail. When we submitted the paperwork at the beginning, the lawyer recommended us to submit all of them and avoid counting on USCIS to send us the request for further evidence, because its not guaranteed that the USCIS would send us the RFE. If evidence is not sufficient (at least the listed ones they need), there might be a chance for the application to sit there with them for years without any actions or decisions. Our previous petition for a different visa was like that for 3 years.

I am worried after reading your story. I am scared that USCIS won't renew my EAD next year if they do not give us a decision on my adjustment of status application. I really think that the applicant or beneficiary should be allowed to work while the case is pending but hey who knows what the US government is thinking.

tHank you, cls0881 for a warm reply!

I don't think a renuval of your work permit will ba a problem as long as your case is pending.
I have read your story in your profile. That is perfectly normal what they sent your husband for fingerprints. I was digging on line and found USCIS step-by-step prosedures what to do in case of AWA petitioner. I know, if you stated the fact of ex sex conviction why bother to do that? But no, thay have to confirm the fact through FBI check and get the basic of his case...

http://www.californi.....dam Walsh.pdf

Hopefully, after revviewing all of it, they will sent you an interview notice promtly. Theoretically, they should treat you normal, may be reqwest a few more things, but get moving anyhow! And I trully wish you that! THat is a problem with my case, that they stall! I also read about your 1st petition which you wisdraw later. I hope this one will get moving!

I'm really curious, those people who got approved, did they USCIS do their job, or they had to push evidence and etc themselve?

YOu sent some evidence. that is good, We also sent police records, our lawer said that was enough at that time.

What I hope, is our letter to a director of USCIS will get them moving. If not, in Feb I have Master hearing again (deportation after denial of a 1st case), and the judge will not like that he will have to reset a hearing for a 4th time for not a very good reason. Deportation court can't do a hearing on me untill my 2nd case is pending, thay are waiting for the results. I hope, that will do something. On my last hearing judge was not happy with USCIS taking such a long time.

We have a lawer, supposely a very good and experiensed immigration atterney. I don't know... He recomends to wait and for some reason recomends NOT to ask for individual hearing when we are next time in court... I don't know his reasons, but that is deffenenly not money, because it would cost us about 10000 for him to represent us there. (I hope it will never get to individual hearing either. We don't have such a money, espessially with me not working for all that time and a baby.)

You have your work permit that is so good! YOu will be able to prolong it, I'm sure.
Did you get your drivers license? I'm curious, because now they do an exparation date on drivers lisenses for non-citizents in my state. The date is when visa expires. What was with you DL? Or Michigan doesn't do that?
(If it doesn't I should go there and get one!

DMV in Minnesota doesn't want to issue me DL because my J1 visa expired 3 years ago)

kazuava

Female

2009-12-23 02:57:00

Hello for everybody!
Let me tell my sitution friefly and ask your opinion or advice.
I was on visitors visa in the US when merried my husband in October 2006, by now we even have 2 years old daughter together...
My husband falls under AWA. Our first petition was denied because of "refusal to comply" (we didn't met 30 days dedlines to send certified copies of polis records, court dispositions, etc. we were requested on interview). Soon I will have 3rd deportation Master hearing, 2 others were reset because of pending 2nd case (about 2nd case in just a second).
After denial our lawer advised us to reaply sending all those records with our new petition. Since then 22 months passed and we haven't got a desision yet. We had interview 4 months ago. THe officer who held interview stated that she doesn't qwestion out marriage , but need profe that my husband is "an examplary citizen and not a threat to anybody" and she will send us a letter saying what kind of a profe she wants. His interview was an hour, milne- 5 minutes she and didn't ask ANYTHING wich can be used to determine if he a threat to me. She didn't ask about our life together either. Only if I knew about it and a few questions about myself only. Before letting me go, she took my passport to make a copy like she said "to close the case". Such an approach worries me.
Like I said, she haven't sent us any letter requesting for information so far.
We recently sent a letter to Director of our sate USCIS. Letter basicly explaining current situation, long wait, positive things my husband did cince his crime (which expired 12 years ago), everything can be verifeed with his ex parol agent. Also we were asking to send a request for more profe or grant I-130.

We sent a letter a few days ago, so no update about it yet. A couple of days ago I found this website and I was surprised to see that there are a lot of cases involving AWA. I saw a list of documents some people used to prove that they are "not a threat", that is an extremely usefull! Thank you SO MUCH fo sharing your experience!

But here I have a few questions.
Guys, did you send all supporting dociments (polygraph, statements...) by yourself, without a request of USCIS or you waited for Notice of Denial?
My husband never was ordered for tretment, so he can't give a record of its sucsessful completion. DO you think that may be a problem, or a letter from private psychiatrist is enough?
Let me ask those who had to go through it: how much did it cost you to obtain a statement from psychiatrist and is it done in one session or over period of time? How mush is a polygraph?

In general, what do you think? Why does it takes so long or that is normal? Like I have said, it had been 22 month.

And just a last comment. I think that is funny. They denied me 1st time and taking their time 2nd time because he is supposely a threat. Meanwile me and our daughter have been leaving with "a threat" for over 3 years olready, being totaly dependend on him (my work permit was revoked and 2nd time I haven't applied for it because baby was only 4 months then and we were short on money at that time. Of, how much I regret now! Also I can't get drives lisence, well, I drive anyway...). Just... Nice way to be protected, I guess.

Sorry for the long post and GREAT THANK YOU for any replies. Good luck!

kazuava

Female

2009-12-11 01:49:00

We hired an immigration attorney from International Institute of Metro Detroit. Cause we live in Michigan.
So far we like him because he is giving honest advice and the organization charges a reasonable fee.
He does not give us a lot of hope but he will help us appeal in case of denial. He knows it's a difficult task and he did his homework. We submitted every evidence we could according to his advice.

I am not sure if it's worth spending money on a private lawyer. Most of the private lawyers we talked to, in Michigan and Chicago, are not familiar with the AWA effects on petitioners. yet they want $1700 - $3000 for filing, excluding the fee for an appeal. We could not afford that budget. So we went with IIMD.

I did a search on International Institute of XXX and found that there is an International Institute of Los Angeles. Their website:
http://www.iilosange...immigration.htm

Looks like they are non-profit

I am not associate with them. Hope this helps you.

2 years... A long wait, but seems that is invitable. I wish you to be strong and have a good result in the end!
You mentined bebore, you got a layer from a nonprofit organization. What is it? Do you like him? Do you think it's worth spend money on private lawyer? Is he recomending to do anything, or wait first for USCIS action?

Sorry, again a lot of qwestions

P.S. Merry Christmas and happy New Year!

C0881

Female

2010-01-05 17:42:00

C0881

Female

2009-12-23 12:23:00

C0881

Female

2009-12-19 18:56:00

Hi Music 678, we sent in our reply to the NOID. You do not have an email so that I can respond to you.
Please respond to my email so that we might correspond.

We also sent in our NOID reply last January, received notice informing us to wait for 60 days, after 60 days, no notice or anything so we called the hotline, informed us to wait again for 45 days, but sent email inquiry instead. just the same, we received a reply telling us that our case was forwarded to the supervisor for adjudication and to wait for another 30 days...our case falls under AWA and been waiting for 2 years too. we sent in our reply the ff: polygraph test, psychologist evaluation, records from probations/courts, letters from friends/employer/relatives.......the 30 days waiting is now down to 8 days...i hope they can finally make a decision on the POSE NO RISK issue and give us an answer soon, and hopefully it's a good one..the waiting was just too long..whew!

pumpkin29

Female

Philippines

2010-04-06 22:46:00

We sent ours last Novemebr 2009, and no reply still. We received an email stating that it is in the process of review. And being an AWA filer, it would take some time to come out of a decision.

eagerly

Not Telling

2010-04-07 07:26:00

Denial of I130

When we filed, AOS, EAD & AP, it was sent to Chicago. When we went for biometrics, 2010, it was San Antonio, Tx.

Nothing happened besides the NOID, until this year in April 2013, when we were advised that our case was transferred

to Vermont. So almost 3 years. Then on Monday, July 2013 we got a denial email. Still do not know what the denial

is for tho. AWA or the AOS??? They say it's in the Notice - cannot even hire a lawyer until we know what to tell them the

denial is for And they only give 30 days. So yeah, very stressful - got a lawyer lined up, if we can appeal, but if it is due

to the AOS,no denial appeal right? Just another day in the good old USA. I could go on about our life and all our responsibilites

about work, parents poor health, what we are needed for, etc. But what good is that. Everyone assumes that a Sex Offender

is just that. From morning to nite, just preying on anyone and everyone Gawd, it just kills me that mistakes happen, people

make mistakes and not even against little children that are so precious. But A HUNDRED YEARS FRIGGIN' later we are living

life, have not harmed anyone, and it will definitely take away from the family unit should the visa not be approved. So sad about

all these invisible lines around the world - where we can live - who we can marry and not worry about separating loved ones.

Okay that's my rant

Will let everyone know what the letter says when we get it.

If the petition I-130 and AOS was filed at same time, you will probably get two denials. For what reason, we still do not know. However, if your case was moved from Chicago to Vermont..then it must be an AWA case that was process by Vermont Specialized AWA Team. You are the second case that I have read were Vermont has denied. When an AWA case is denied by Vermont, that really would be scary for the rest of those whose cases are in the field offices.

Cantex, the I-130 and AOS have different Receipt Numbers. Have you check in the Case Status if it was the I-130 or I-485 (AOS)? If none, you would probably get the letter a week or two.

Edited by eagerly, 11 July 2013 - 04:10 PM.

eagerly

Not Telling

2013-07-11 16:04:00

IMBRA Criminal Record Question

I have a criminal record consisting of simple assault and tamper with property both of which I plead guilty to. Will this effect my i129f petition. Do I have to check yes on the criminal line even though these crimes are not in the list on the form or instructions. And if no, do I still have to send police reports and court records with the petition. I do not have any child, sex offences. I don't have any domestic violence offences. Please advice.

iawait

Female

India

2013-05-16 18:02:00

Long wait....

thank you, everyone for the comments.have a wonderful day and God bless.

sweet42

Female

Philippines

2013-06-13 19:28:00

Long wait....

yes,although it was a police sting but we can still consider a crime. Mistakes happen and sometimes we regret it for lifetime. I cannot judged anybody because I'm not perfect.

sweet42

Female

Philippines

2013-06-13 08:03:00

Long wait....

My fiance filed our K1 visa petition last March 2012 and he got NOA1 last April 2012. After that they send mail that our petition was transferred to Vermont Service Center so that they can speed up the processing.Last May 2013 they send a mail that my fiance will go to the his nearest USCIS office and they got his fingerprints. By the way, He was a Registered Sexual Offender and suppose to be they will remove his registry this year but the officer told him that it will be removed after 5 years. Well, I hope somebody can give me an answer for this long wait. Thank you and God bless everyone.

sweet42

Female

Philippines

2013-06-12 20:16:00

Where Are The I-129F Apps Being Sent?

Yes, I understand how it all gets into the system. From what I understand, the applications have been getting processed faster if you submitted after a certain date this past year and basically, others that applied sooner were still having to wait longer because it went to the normal processing center and not a different center due to a backlog. Again, I don't know if this is applicable to the K1 visa apps.

rkair

Male

Colombia

2013-05-07 12:32:00

Where Are The I-129F Apps Being Sent?

Hello! Are all of the I-129F petitions being sent to the applicable service center? I had heard some other petitions were being sent to local processing centers, etc. due to a backlog and was curious if this was applicable to the K1 fiancee packages. Thanks if advance for your feedback!

rkair

Male

Colombia

2013-05-07 11:27:00

I sent you an email.
Thanks

Hi Music 678, we sent in our reply to the NOID. You do not have an email so that I can respond to you.
Please respond to my email so that we might correspond.

music678

Male

2010-04-24 13:49:00

Hello for everyone!
Just a quick update on my case.

March 10th we got new biometrics apointment for my husband, called about it becase he already did biometrics for this case, and got the answer that it expired, he needs to do another one. Appointment is in a next few days (we had to reset it because of a VERY short notce: only 3 days before appointment!)

But a few days later we got something better! NOID finaly! Hooray!
From what I understand now, that is inevitable step for AWA petitions. The only thing is that normally people get NOID papers right at the interview, or very soon after it. I did infopass appointment in Feb and I believe that was the only reason why may case started to move on!
I wish to know why it was sitting dormant for 2 years, but suspect that is going o be a left as a mistery.

Big thanks to Infopass and an Immigration officer whom I saw there.

Happy Easter for everyone and good luck with your application!

Hi Kazuava,

Sorry for the late reply. My AOS is still pending. We went to Infopass appoinment 2nd week of january 2010 and the officer said that our case was being forwarded to a specific person who will handle our case and he said that NOID is on the way in the mail. We receive the NOID 3rd week january (87 days to comply) and we send all the necessary documents that they ask from us on MArch 20, 2010. We sent it certified and signature return with tracking #, unfortunately, we lost the receipt and tracking # and its almost 3 weeks, we still didn't receive any return signature. We asked USPS if there's any way they can track our mail, unfortunately they can't without the tracking #. Our deadline is on friday, April 9, 2010. We are really nervous, so lastnight, we get all the documents all together again but most of them are copies only because we sent all the originals on the first mail. We sent it today and hope to hear from USCIS. We sent polygraph test ($250), letter from the the county sheriff, certificate of completion of the therapy, letter from the probation officer, letters from family and friends, pictures, emails etc. I will update if anything happens. Thank you guys.

music678

Male

2010-04-06 13:45:00