biggish data

We filed our I-129F petition with AWA waiver request on June 13th, 2012. How long before we can inquire USCIS about its status? It's like no update nothing on the status online.

I can't speak of anything concerning AWA, but I-129F petitions are currently being adjudicated at a 5 months average. Some more, some less, but I think you have quite a while before hearing a peep from USCIS.

TnJ

Male

Philippines

2012-08-21 13:47:00

Does a person who has domestic violence can get visa K1?

You posted this yesterday and received some good advice.

http://www.visajourn...an-get-visa-k1/

Good luck! :thumbs:

Bumbero

Male

Philippines

2012-12-21 21:07:00

Does a person who has domestic violence can get visa K1?

Was this question discussed exhustively earlier today or earlier in the week if my memory serves me right? But anyhow, I wouldn't take the advice on this forum as sacrosanct - it's best to listen to advice on here carefully and make a good decision out of what you hear or read.

That said, regarding your situation, you will be better served by consulting with a lawyer. You can still shop around and get a good lawyer for less than the 2grand figure you quoted. Remember, if one is NOT a lawyer, they cannot provide you with precise advise on a specific legal issue involving an immigration process. That's a no-go area for non-expert(s).

Seek a person with the requisite expertise and you will be glad you did in the end!

Good luck to you both!

Boggy1974

Male

2012-12-21 21:06:00

Does a person who has domestic violence can get visa K1?

Talk to a lawyer my friend...That way the attorney can navigate the nitty gritty of the process for you both. The attorney also has the requisite expertise to deal with your situation. More importantly, the attorney can best explain the process and s/he can naviagte and counter appropriately to the delicate issue of the charges.

Your question about which process is "harder"; I-130 or I-129F... I honestly believe you will be better off pursueing the I-130 route. My experience tells me the I-130 is somewhat a simpler/easier path if you take the time to gather the right documentation. Ofcourse every case is unique and different and depends on it's own circumstances that's why you both need to go consult with an attorney right away.

Goodluck and I wish you the very best!

Boggy1974

Male

2012-12-21 09:38:00

IMBRA

i think thats not imb sis, and your answer there was right .

-=Mai and Timmy=-

Female

Philippines

2013-03-14 23:53:00

Have you complained to the Ombudsman yet? This is what got my case finally moving, when i filed my complaint i listed all of the service request numbers and steps i had done . You can file it online

http://www.dhs.gov/x...ure/cisomb.shtm where it says case assistance .

Just filed my complaint

evli1966

Male

Philippines

2012-03-26 23:57:00

My lawyer said that it is about 6 to 12 months wait with BIA before someone even opens a file, because they are behind.
We appealed in Jan 2012.

Ok

I am at 2.5 years now that is 12 months then they open the file

18 months of back ground checks

Is 18 months long enough?

evli1966

Male

Philippines

2012-03-26 22:26:00

Have you complained to the Ombudsman yet? This is what got my case finally moving, when i filed my complaint i listed all of the service request numbers and steps i had done . You can file it online

http://www.dhs.gov/x...ure/cisomb.shtm where it says case assistance .

I will do so thanks

evli1966

Male

Philippines

2012-03-24 21:17:00

I am still in Visa Processing Limbo (Back ground checks--2.5 years and running)

I wish I could give you an answer

evli1966

Male

Philippines

2012-03-16 22:51:00

evil, what is your RFE if I may ask?

Very standard

If you intend to prove you are nto AWA then you send evidence refuting the allegation.

If you are AWA and you intend to send evidence you are not a threat then you submit evidence as the following:

1. ALL court records including all minutes and disposition (they all must be certified)
2. All criminal arrests made no matter the disposition of the case(s);
3. all Attorney records for any case (my attorney destroyed records after 10 years.

4. All records of the SORB or in my case SOMB (Sex Offender Managment Board) they do not keep records once you complete registration; they are purged form the system. I feel bad for those that live in the AWA states. I went to each city I lived in and obtained the registration forms I have 3 that could not be found from the first year.

5. Any SO treatment programs you completed. Unfortunately most clinics destroy any files after 7 years.

6. Any Risk Assesment that you would be given; I was never given one so I paid for one in 2010 for this petition. (now they want it certified) BTW it can not be done in 87 days if you work full time.

7. Any letters from family and friends stating you are not a risk (must be notarized)

8. Notarized letter form you and your significant other stating all disclosure and that she feels safe and me stating I would never harm her.

9. eveidence of you doing good works in the community (what if you travel for work as I do every week)

10 any evidence that would show you are not a threat to her.

My original attorney was fired recently after recieving the RFE as he was very ignorant of what to do. Many items on the list were submitted but not notarized or certified. My new attorney is more expensive $3500 just to respond to the RFE and the inital filing of the appeal in the federal appeals court.

If it gets to court I could be looking at $10-20K more.

I am very confident in what this attorney tells me and will not disclose much but after discussing with him our options he was very educated and honest.

The first thing he stated was there are no guarantees.

The second the AWA is unconstituional.

the remaining items we discussed will remain confidential.

If you are interested in the attorney I will provide his information as it was provided to me.

evli1966

Male

Philippines

2012-12-19 19:01:00

I am getting this update today:
On October 4, 2012, we transferred this case I129F PETITION FOR FIANCE(E) to another office for processing and sent you a notice explaining this action. Please follow any instructions provided on the notice. We will notify you by mail when a decision is made. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.

Does this mean they transfered this to Vermont Service Center - the long wait one?

This is normal.

The long wait will start now as the background checks begin.

after your second service call in 6 months envolve the Ombudsman and your Congressman maybe it will help.

We recieved our RFE last week 3.5 years after submitting same timeline as kazuava.

evli1966

Male

Philippines

2012-11-09 16:31:00

Please protect your feelings and emotions.

Most of our petitions are or were readily accepted I think it is required and they want the cash you are paying.

The they review and schedule Biometrics(finger prints) of the AWA petitioner.
Then there is an AHA moment in their process were they realize you are telling the truth and you are sent to the BackGround checks dept.

Here in the Back ground checks dept there is no transparancey or checks and balance as to the true nature of what they are doing.

I can not tell you how long it will be as we are still in back ground checks and there are no other criminal activities in my past ( I have the 1 offense; 1 charge; no longer have any requirments from the government) and we are

3 years 2 months running in back ground checks.

so prepare yourselves for possibly a long ride.

evli1966

Male

Philippines

2012-08-21 21:16:00

What exactly is the AWA Waiver? I have never found a form for this.

I do no tthink there is an official form.

It is a written document requesting a waiver from the AWA due to indvidual situations.

It is best written by a knowledgeable attorney who can back the waiver up if litigation is needed.

evli1966

Male

Philippines

2013-02-26 23:16:00

Pleas what's going on now? Did you find a lawyer in A?rizona? did you find any good criminal pshchologist in AZ? do you need a licensed polygraph examiner?

we are going to appeal just search a lawyer fron California... Please help if you some.

Here is who I am using.

$3500 to respond to RFE and file AWA waiver (yes this is needed)

You do most of the leg work or you pay much more than that if you can get sonmeone to do it.

Nicholas Misiti

The Trump Building
40 Wall St., 28th Floor
New York, New York 10005Phone: (212) 537-4407
Fax: (212) 537-4027
Email Address: MisitiGlobal@MisitiGlobal.com

evli1966

Male

Philippines

2013-02-26 01:53:00

We are looking for an attorney, just really hard to find an attorney that even knows about AWA

First we all understand to soem degree your frustration and are willing to help if we can.

Where are you in the process?
try and fill in your timeline.

You say you have been fighting for 3 years so to what stage are you in?

You mentioned a possible criminal background for yourself; do you have any felonies?

Have you actually seen read the court documents for his arrest and conviction? (not throwign doubt at you but you have to be 100%)
Have there been any other allegations (not charges) ever where DCFS would have been involved?

As for an attorney it is expensive and difficult to find one with that type experience especially with alot of interpretation being done by the UCIS adjudicator.

There is lots of information and help here please be patient.

We need to know where you are at in the process before we can actually help you.

evli1966

Male

Philippines

2010-05-27 17:46:00

Hello Crazytime did you have a questions we could possibly help you with?

evli1966

Male

Philippines

2010-05-27 16:44:00

Whats the point of your lawyer if she/he doesn't know anything about AWA? I mean you might as well file it yourself and save the money.

Although an Attorney with experience handling AWA cases would be preferred any attorney that would ensure everything is filed accurately, on time and would most likely prevent you from hurting your case in someother way should be used.

To be honest from my internet search, reading these forums and talking to my attorney there are few attorneys that have what we would consider experience. The law being so new (with consideration of the changes in 2008) that it would be hard to find one.

The issue is not with the law and an attorney understanding it but with a government employee who is being forced to make a decision that was not meant to be theirs to make. (Whether or not an AWA filer is a threat to there soon to be or already spouse and or their families.)

evli1966

Male

Philippines

2010-05-10 07:36:00

I can not give to you any advice in regards to your process I have no experience except for our K-1 process we are still in.

I will say the need for an attorney is there; as with any complicated case I recommend hiring an immigration attorney.

Some would say you do not need an attorney and that may be true but for us having the attorney lowers the stress levels and has helped our process move somewhat quicker than others by being proactive.

Also being new here some may ask what the offense was that made your husband an AWA filer; I do not believe this matters as much and a competent attorney should tell you the risks.

Read through the posts here on VJ and learn what other AWA filers did to be successful.

evli1966

Male

Philippines

2010-04-30 14:02:00

Questions about Adam Walsh Act in regards to juveniles

I would not file without consulting a lawyer first!!!! And don't just hire any lawyer get one that specialises in AWA. If you file without this you could be doomed its best to make sure this is done right the first time. I wish you luck, update us here with the progress

A and T

Male

Philippines

2013-01-14 19:06:00

My wife and I just a got a polygraph today and we have an updated psych report, this will be part of our appeal. Wish us luck!

A and T

Male

Philippines

2012-03-28 07:14:00

I am still in Visa Processing Limbo (Back ground checks--2.5 years and running)

I wish I could give you an answer

Have you complained to the Ombudsman yet? This is what got my case finally moving, when i filed my complaint i listed all of the service request numbers and steps i had done . You can file it online

http://www.dhs.gov/x...ure/cisomb.shtm where it says case assistance .

A and T

Male

Philippines

2012-03-17 06:30:00

For those of you denied under the adam walsh act, and have appealed how long have you been waiting so far for a response ? How long is the process estimated? Thanks

A and T

Male

Philippines

2012-03-16 08:21:00

My appeal is also pending a very long time now, ive contacted the ombudsman again to no avail

A and T

Male

Philippines

2013-02-14 20:11:00

I originally filed July of 2009, still waiting on my appeal

A and T

Male

Philippines

2012-08-21 22:58:00

HI Everyone,
We just got the Intend for denial notice due to the AWA. I just can't believe this. We knew NOTHING about this.
Does ANYONE know of a good lawyer in Arizona that can help us with this. Finding a lawyer with any AWA experience is not working out.
We only have 75 days to prove that my husband is not a threat to me or our kids, even though I think the last 15 years that we have been together with no issues should be enough proof.
This is crazy. HELPPPP.

My lawyers website claimed they had other cases before and could help but i dont feel they have done much to help me at all. So do really research your lawyers. This guys blog, he seems to have had success with a few other cases

http://nodeportation.blogspot.com/

Seems professional, Wish I would have used him instead.

With that said, all you need to do is submit proof that your husband/wife is not a threat and completed all requirements , hasnt got in trouble etc. if you read this thread you will see examples of what is required. You got 1 shot to make it, so good luck!

A and T

Male

Philippines

2011-06-17 11:09:00

VISA APPROVED!!!...wheww! what a journey

Great news! You guys are going to have a wonderful Christmas/New years together! The long journey will make you stronger you can bet! I hope we get the same news soon

A and T

Male

Philippines

2010-12-02 16:32:00

Rs2,

There is a memorandum posted on USCIS.gov regarding what types of evidence USCIS **might** consider proof that the petitioner poses no risk to the beneficiary:

http://www.uscis.gov...shact020807.pdf

includes but no limited to certified court records, police reports, sentencing reports, psychological therapy during prison time and after prison time, psychological assessment/report recently, community services, letters from friends and families...I would also suggest a statement from the petitioner and the beneficiary. But it really depends on how they interpret your evidences. I wrote a 7 page affidavit to show them my understanding of my husband's conviction. But USCIS's denial letter says that my statement shows insufficient understanding of my husband's crime. We submitted the psychological assessment done by a licensed psychologist but USCIS says that just one-hour assessment is not enough...and my husband was not ordered to take therapy programs after discharged but USCIS says he submitted no documentary evidence that he attended programs after discharge. Discharge is DISCHARGE, right?

well, i hope the above link helps you...You really need a lawyer..

Wow, "We submitted the psychological assessment done by a licensed psychologist but USCIS says that just one-hour assessment is not enough...and my husband was not ordered to take therapy programs after discharged but USCIS says he submitted no documentary evidence that he attended programs after discharge"

I guess USCIS know better than a licensed psychologist? thats an amazing one to me. If a licensed psychologist, who went to college for many years determines you have no problems , and you complete all requirements for your state, that should be it. If you do what is required by the state, then you have followed the law.

Maybe a class action lawsuit for discrimination is needed

A and T

Male

Philippines

2010-06-22 16:01:00

It was a non-violent case, he got involved with a minor who lied about her age and the mother filed a case against my husband when she found out about it. He was convicted, did time for 2 years, was on parole for another 3 yrs and now he has been released from parole since Dec of 2009. We do have a lawyer but she is not familiar with AWA and ours is the first one that she handled. She thought that AWA only affected K-1 filers. The clinical psychologist told my husband it would cost around $2,000 for the psych evaluation. As part of his parole, he was not mandated to see a therapist since his parole officer didn't see it necessary and he was profiled as a non-violent person. He did see a therapist for a few sessions and did a polygraph test as well before he was released. I'm basically counting on letters of recommendation from family, friends and employers to get us through this.

Whats the point of your lawyer if she/he doesn't know anything about AWA? I mean you might as well file it yourself and save the money.

A and T

Male

Philippines

2010-05-09 22:10:00

Thats great Jeff can you tell us what you went through? step by step? It would be excellent! What was your charge and how long ago was it?

A and T

Male

Philippines

2010-04-22 21:05:00

Does a person who has domestic violence can get visa K1?

thank you for advice, but will it have influence to my adjustment of status? i mean his domestic violence charge.
now im confuse what is the meaning of IMBRA? he doesnt want to read coz .

Novel,

He absolutely should seek out an immigration lawyer. Domestic violence is a huge deal when applying for a K-1 visa, regardless of whether or not it is "just a misdemeanor". IMBRA is in regards to domestic violence and sexual assault charges and is a specific part of the application, which he will have to familiarize himself with. I can't understand why he wouldn't want to read it or understand what he's going to me up against.

This type of charge IS a big deal whether he believes it or not. Again, echoing the advice of others who have replied to you, seek out an attorney.

BaBamSam

Female

United Kingdom

2012-12-21 05:16:00

Does a person who has domestic violence can get visa K1?

Dear All of members...
I just join in VJ because i concern about my visa k1 process. Im Novel from Indonesia. I and my fiance will submitt fiancee visa in this Feb'2013.
First we wanted to submitt the petition in Dec'12 but because he cant get his police record until Jan 20, so we postpone till it completes.
My question: Is it possible for us to get visa K1? because his criminal background. He has domestic violence in WA and drug problem in OR.

Also we will use co-sponsor because his income doesnt meet with the qualification. He has works part time and has financial aid from his collage.
Will the USCIS look his work in the past?

Thank you.

Hi Novel.

First, if you submit the petition in December (this month) you are unlikely to get it approved/denied for about 6 months (sometimes longer, very occasionally earlier) so you would not get the visa by February. You are best case looking at August 2013.

Second, the criminal background will almost definitely be an issue. I'm sure some people here on VJ will be able to advise you on that.

Third, some embassies accept a co-sponsor and others do not. It is entirely dependent on the embassy you are interviewing at. He will still need to submit the proper income/financial forms at the interview regardless of whether or not he meets the requirements.

BaBamSam

Female

United Kingdom

2012-12-19 22:32:00

RFE hard copy on hand

yay....RFE copy on f's hand today..simple and easy fix..he failed to answer part c question 2..will send it first thing monday morning!! i hope noa2 will be sent out fast once they receive it!!To God be the glory!!

Great job...now come on NOA2 :thumbs:

wilfon

Male

Philippines

2013-03-16 21:35:00

IMBRA

I met my fiance at filipinocupid.com also ^_^

I read their rules & agreement and they clearly stated there that they are not IMB ^_^

you are clear!

emmandenn

Female

Philippines

2013-03-15 03:42:00

Does a person who has domestic violence can get visa K1?

Thank you..
today he has called attorneys and the attorney said the cost will be 2000 dollars. wow he doesnt enough for paying.
what should we do know? keep to continue the visa k1? or what?

Novel,

Here is an IMBRA forum thread you should read and why posters recommended the CR-1 route instead of K-1.

http://www.visajourn...-with-a-felony/

dandk

Male

Indonesia

2012-12-24 13:44:00

Does a person who has domestic violence can get visa K1?

Again, he will need to meet with an immigration attorney. VJ is primarily for people who can handle this process on their own. Your case is clearly not something that should be done without consulting with an immigration attorney.

Novel,

Your fiance should take the advice of the posters in here to consult an immigration attorney. K-1 Visa process takes 2 different Departments approvals. Your petition may get approve by USCIS but it may also get denied by the Department of States based on those criminal record. You should read IMBRA forum section to see if there are others in similar situations like yours.

dandk

Male

Indonesia

2012-12-21 01:36:00

RFE hard copy on hand

Good to know that they are processing September.

kari81

Not Telling

Ghana

2013-03-16 19:16:00

This is great man, tell us your experience from start to the interview process? How long id it take you to complete?

Angie Y Shane

Male

Colombia

2010-04-24 00:54:00

DUI

yaaaay... thank you so much

i see you are a filler from August 27???? still waiting for noa2? me too i got my noa1 in August 28th

karola

Male

Poland

2013-01-21 14:02:00

DUI

hi...just wondering... my fiance ( petitioner) has 2 duis .... my question is if someone had the same situation and was applying for a fiance(e) visa... we went to the USCIS office before sending the i 129f form ...immigr.officer looked at his criminal recor and said its not a problem.... so im just making sure....

anyone knows something?

karola

Male

Poland

2013-01-21 13:37:00