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Anyone heard of a K1 petition filed by sex offender being approved?

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If subject to the Adam Walsh Act then the bar is extremely high to get a petition approved.

I've seen many couples in that situation choose to move to a foreign country rather than continue the near-futile attempts to bring the alien here.

Edited by Hypnos

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Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

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If subject to the Adam Walsh Act then the bar is extremely high to get a petition approved.

I've seen many couples in that situation choose to move to a foreign country rather than continue the near-futile attempts to bring the alien here.

So you have never heard of one approved then?

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I have not.

Which isn't to say it hasn't happened, but...


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

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I recall a few users here posting there AWA being approved after a very very long time.

This is the only thread that comes up in the search here- its from 2010 http://www.visajourney.com/forums/topic/277330-got-approved-k-1-awa-filer/, but the search here hasnt worked right for a long time. I know theres been others since cause this is definitely not the couple I was thinking of..

Theres also plenty of attny websites boasting successful petitions.

Honestly though all that is pretty much meaningless. Everyones case is different. In regards to AWA it does not matter what the statistics are- what the guy next to you sent it. The are looked at on an individual basis.

For many though it can seem hopeless because the wait is so long, so like Hypnos said they chose to move to elsewhere rather then being apart. But in no way is it a definite 100% denial rate.

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I recall a few users here posting there AWA being approved after a very very long time.

This is the only thread that comes up in the search here- its from 2010 http://www.visajourney.com/forums/topic/277330-got-approved-k-1-awa-filer/, but the search here hasnt worked right for a long time. I know theres been others since cause this is definitely not the couple I was thinking of..

Theres also plenty of attny websites boasting successful petitions.

Honestly though all that is pretty much meaningless. Everyones case is different. In regards to AWA it does not matter what the statistics are- what the guy next to you sent it. The are looked at on an individual basis.

For many though it can seem hopeless because the wait is so long, so like Hypnos said they chose to move to elsewhere rather then being apart. But in no way is it a definite 100% denial rate.

Thanks for the info. If, in fact, no petition has ever been approved, that would not be meaningless.

Moving elsewhere isn't really an option either, as part of AWA requires RSO's to report international travel 21 days beforehand. ICE then informs the destination country of the travel plans, then the destination country refuses entry. Hopeless is the word.

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*** Thread moved from K-1 Process forum to the IMBRA subforum, where such issues are more often discussed. ***


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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I dont know if you want to share your timeline or story. Or simply posted here looking for general information... Not sure if you have an attny or not. Guessing you do not or your attny would have given you a more positive outlook on approval rates. Im also assuming you have been waiting a long time based on your tone of hopelessness.

There are many posts on VJ regarding AWA. Like I stated before the search feature on here is a bit wonky from the last upgrade. Youll have better luck using google and the keyword visajourney and AWA etc. Or if you know how theres a way to use google to search the VJ site exclusively for keywords like AWA + k1 etc. Tons of threads will come up.

Its my understanding that for an AWA petition the main thing they are looking for- and its the basis for all marriage based petitions, is are you able to make a truthful statement. Ie- I did not enter into this marriage for immigration purposes only.

Anyone that has documentation that they have lied to the police (or authorities like a court) or impeded an investigation, or lied to obtain a benefit (like staying out of jail) is going to be found- in plain English- untrustworthy, and not able to make such a statement and be believed and therefore denied. Any kind of lie in an official capacity is going to be held against you.

So without knowing the specifics of your case- which you do not need to share. I can only say, from my observations those who have gotten approved have certain things in common like having plead guilty or taken some kind of deal, cooperated with the investigation, did not lie under oath, etc.

This is why they take so long and review and comb through every detail of the case file. They are looking for something to show or not show your ability to be truthful.

They look at the case/event from all angles. Any media coverage, police files, court files etc. So it is helpful for the petitioner to submit any and everything they have showing they were truthful -or rather never lied through out the process.

The keyword here is truthful. Do not minimize the event or make excuses for it. It is what it is. If it was telephone solicitation of a minor- then it was. You were caught. You plead guilty or remained silent and accepted the verdict. I dont know. I honestly do not care. You accepted the punishment, went through the counseling and did all that they required of you. You have not been in trouble since.

So petitoiners are encouraged to send in all files they have, any media articles they have, etc. It saves USCIS from having to dig them up. Character references from people are very useful as well.

However if your case does not fit into the above mold of 'truthfulness' and it was a long and awkward investigation/arrest and trial with drama and lies and tears. Then yeah, you can expect to be one of the denied statistics.

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lol. See. Approvals do happen.

Because of the controversial nature of the topic and privacy concerns- most looking for advice and support on the matter post in the section that the mod moved your topic to (IMBRA) and ask something like- anyone thats been approved or currently have a petition active please message me- and keep in contact via the pm system here- rather then on the public message board.

Rather then starting a new thread you can add a message like that here and perhaps others in the same boat will contact you. Or seek them out by sending a brief message to them through the pm system. As long as you are respectful and not spammy youll be fine. VJ is a community based forum. Most are willing to share and help others. (most)

---

Also- a marriage based visa is not the only way to a GC. One can also obtain a GC through employment. Have you looked into whether or not your intended qualifies that way?

--

And regarding the comment made about travel plans/ICE/visa refusals etc. Im only commenting because your statement somewhat contradicts Hypnos who is highly educated. I understand you have personal first hand knowledge- but its limited (to yourself). Take a look at this blog post which is attempting to collect data-

https://constitutionalfights.wordpress.com/international-travel/

Just like the US there are no hard rules for denying or allowing entry/visas in regards to RSOs, its discretionary. So to say RSO's are not allowed travel period is simply wrong. They can be, and have. It just can be hard.

Its the same concept for moving to the other country. Its difficult because you would be applying to live there as a criminal from the US. The US of course would have no problem letting you go, its just does the other country want you? Some people have found countries to take them. Was it the country their intended spouse was from or a third country? Who are these countires? What was the specifics of the cases? I dunno. Its not the point. Youd have to scrawl through the VJ archives and research it. The point is people have reported giving up on the AWA process here and moving from the US to another country rather then continuing the process.

--

Hard can sometimes seem impossible.

Many people post on here when things are very tough.

I really hope you are able to find peace and strength to make it through the process. Best of luck to you.

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Its my understanding that for an AWA petition the main thing they are looking for- and its the basis for all marriage based petitions, is are you able to make a truthful statement. Ie- I did not enter into this marriage for immigration purposes only.

Not really.

The biggest issue under the AWA is to be able to show that the petitioner poses no danger to the alien. Not "minimal risk", or "low risk", but "no risk". This is what trips most people up, because it's an extremely difficult thing to be able to prove.


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

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Its not easy getting approved with AWA a small percentage does

with a very good atty, and they look at if the woman has minors kids,

have the accused done intense therapy, was it a one time charge

(of course its usually more than once its happened) =caught, Is the

female at child-bearing age & how horrific was the abuse. Probably

getting an atty that specializes in that would be the best bet

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