K-1 PETITION DENIED, NOW TRYING K-3

[RadioDJ_33 0]

Hello all,

I filed for the K-1 Visa on 1/2008. Because of a AWA related offense in my past, our petition was denied 7/2009, despite submission of evidence that I did not pose a threat to her. The documents I submitted included a 2 page letter from a Psychologist I went to after my offense that specifically stated he believes I do not pose a threat, AND a statement from my then fiancee that she knew about my history and was not concerned about her safety.

We got married on my recent trip to China and now we are going to try the K-3 Visa. I know USCIS will still ask for RFE for the AWA, but I don't know if we have a better chance to get the waiver since we are married now. Is there anyone here that has had a petition denied becuse of the AWA?

Will an Immigration Attorney be able to do anything to help us? Any input or opinions are welcome.

[KarenCee 3]

I'm not sure that filing a K-3 will negate the issue USCIS had with you that caused the K-1 denial. If I am not mistaken, you will have to deal with the AWA issue even with the K-3.

I would, if I were in your place, hire a COMPETENT immigration attorney.

[Peace be still 6]

You got to get through the USCIS first. If you can't get through to them, then hang your hats up and move to China.

[Penguin_ie 5,986]

I do think a lawyer would be a good idea. These things can be overcome, but not all the time, and it might be a long fight. There is at leats one example of a VJer who beat the Adam Walsh act, here: Adam Walsh Act got beat!

[brlukath 1]

Before hiring a lawyer, you may think about WHY you were denied. YOU may think you don't pose a threat to your SO, but what does the law define as a threat? If the law is not on your side, you may be wasting your money. If you really think you have a strong case that you are not a threat (maybe your AWA offense was statutory rape of a 17 yr old when you were 19...), get a good lawyer who has experience with the immigration consequences of criminal convictions.

[daboyz 36]

Look here:

http://www.visajourney.com/forums/index.ph...t=0&start=0

[NigeriaorBust 4,087]

Marc Ellis is a great immigration lawyer that operates out of Vietnam. I am not sure if he handles Adam Walsh cases but he is worth giving a call. I know that there is a huge range of offenses that get you caught up in this, some are minor and others indicate that the person should never be allowed to be close to women or children for the rest of their lives. Maybe you can PM someone here that made it through. I know there have been a couple, one took years so you are looking at a long long process probably.

[Malrothien 6]

As Sister Bertie Mae said, your AWA will not go away with a K3 application.

[baron555 934]

Hello all,

I filed for the K-1 Visa on 1/2008. Because of a AWA related offense in my past, our petition was denied 7/2009, despite submission of evidence that I did not pose a threat to her. The documents I submitted included a 2 page letter from a Psychologist I went to after my offense that specifically stated he believes I do not pose a threat, AND a statement from my then fiancee that she knew about my history and was not concerned about her safety.

We got married on my recent trip to China and now we are going to try the K-3 Visa. I know USCIS will still ask for RFE for the AWA, but I don't know if we have a better chance to get the waiver since we are married now. Is there anyone here that has had a petition denied becuse of the AWA?

Will an Immigration Attorney be able to do anything to help us? Any input or opinions are welcome.

Nope, you have to build more evidence that you are not a risk to her or any children. Look to the IMBRA forum for posts about some folks who have been successful. If you can't build a case, then your only option is to move out of the US

[CanTex 1]

After being denied did you not Appeal? I would think that that would be available to you instead of getting married and going through the whole process again?

[Old Dominion 26]

If you present better evidence this time, USCIS has the opportunity to overlook that offense under provisions of the AWA, depending on the nature of the offense. It has done so before as witness "I Beat AWA".

[Peace be still 6]

Marc Ellis is a great immigration lawyer that operates out of Vietnam. I am not sure if he handles Adam Walsh cases but he is worth giving a call. I know that there is a huge range of offenses that get you caught up in this, some are minor and others indicate that the person should never be allowed to be close to women or children for the rest of their lives. Maybe you can PM someone here that made it through. I know there have been a couple, one took years so you are looking at a long long process probably.

If I would have listen to Marc Ellis my husband would not be here right now. Yah I paid a $200 consultation fee, and thank goodness I did not take his advice. If Marc Ellis did you some good well then good for you, but as far as me, all he did was give me bad advice.

[youtube 0]

definitely an attorney is +++++

it's not a negative and you will need all the help you can get.

being married doesn't get you out of the woods. You still have to address the NOIR and it's in your records.

you still can get whited even through you are married.

good luck

Edited September 5, 2009 by youtube

[baron555 934]

Hello all,

I filed for the K-1 Visa on 1/2008. Because of a AWA related offense in my past, our petition was denied 7/2009, despite submission of evidence that I did not pose a threat to her. The documents I submitted included a 2 page letter from a Psychologist I went to after my offense that specifically stated he believes I do not pose a threat, AND a statement from my then fiancee that she knew about my history and was not concerned about her safety.

We got married on my recent trip to China and now we are going to try the K-3 Visa. I know USCIS will still ask for RFE for the AWA, but I don't know if we have a better chance to get the waiver since we are married now. Is there anyone here that has had a petition denied becuse of the AWA?

Will an Immigration Attorney be able to do anything to help us? Any input or opinions are welcome.

Marrying now does not reduce your AWA offense. What was that? Can you build more evidence that you are not a threat to your wife and any children?

[Carlawarla 1]

Hello all,

I filed for the K-1 Visa on 1/2008. Because of a AWA related offense in my past, our petition was denied 7/2009, despite submission of evidence that I did not pose a threat to her. The documents I submitted included a 2 page letter from a Psychologist I went to after my offense that specifically stated he believes I do not pose a threat, AND a statement from my then fiancee that she knew about my history and was not concerned about her safety.

We got married on my recent trip to China and now we are going to try the K-3 Visa. I know USCIS will still ask for RFE for the AWA, but I don't know if we have a better chance to get the waiver since we are married now. Is there anyone here that has had a petition denied becuse of the AWA?

Will an Immigration Attorney be able to do anything to help us? Any input or opinions are welcome.

What type of offence did you commit? What was your sentence? How long did you attend therapy? I'm aghast that a Psychologist gave you a letter. I was a sex offender therapist for 26 years until my retirement 2 years ago. I would be brought up, in my country, to an ethics committee had I ever written such a letter. I may have written a letter detailing a risk assessment and used words such as a "low" (and defined same), or a "manageable" risk, but that's as far as I would ever be able, and even that would be open to interpretation to the governing body of ethical conduct. For sure, a Psychologist would be open to his/her disciplining body governed by their State, if they wrote up such a letter and could possibly lose their license to practice. Again, without knowing the details of the offence, the level of responsibility you took, the State's approved and sanctioned certified treatment that you participated in, and exactly what the Psychologist actually wrote, then I can't say for sure.

There is a forum here called Waivers, and a link posted earlier from someone who has had their petition approved by USCIS, however I don't know yet whether they have gotten to the Consulate/Embassy stage of their journey, which I suspect may still be denied, but again, it all depends on the offence, the age of the victim, the level of responsibility of yourself, the treatment that ensued, the duration of the abuse etc.

Getting married won't change anything at this point, unless you can overcome what specifically they didn't like about the "evidence" you provided thus far.

Edited September 9, 2009 by Carlawarla