K-1 PETITION DENIED, NOW TRYING K-3

[A and T 82]

Can you tell us about your case? what you were charged with, and when it was?

Also once denied, did they say what would be sufficent proof?

They are not very clear when it comes to "sufficent proof" Other than a psycological eval, and letters from people that know you , and her saying she knows about the charges/past. What more could they want?

My wild guess is it depends on the case , was this a consensual act?

if it were a non-consensual act, I could see it being a problem.

Did you hire a lawyer? how long have you been off of probation? More details. So Far 1 case has went through, its my understanding more have (that just aren't listed here on the net, or this website)

[RadioDJ_33 0]

Yeah....I know the AWA isn't going to go away just because we got married and are going to file a K-3. I plan on providing more evidence this time, including a polygraph that shows I have not reoffended since I have been off parole, as well as documentation that I was in a rehabilitation program during my parole. I was not able to submit the info about the program I participated in for the K-1 Petition. I believe part of the problem with the denial was the fact that I did not submit enough evidence. By the way....I am not naive enough to think that the USCIS actually cares about the USC petitioner, or the beneficiary. To them...we are just names on a piece of paper.

The bottom line is....if the K-3 is denied, then we have already planned on me finishing my Degree and moving to China. It just makes me angry and sad that I may have to leave the U.S. to be with my wife just because of what I did. I served my time, and I am still being punished. My offense was not violent in nature, nor do I have any history of violence. When I was arrested I was a Jail Officer and was working on a career in Law Enforcement.

I have already contacted many attorneys, and am in the process of choosing one that best fits my needs. The only thing I can do is prepare the best I can, and then leave the rest to a higher Power. Everything happens for a reason!

[Angie Y Shane 2]

Listen, what you need to do is this,

1)Send in a copy of a updated polygraph, pertaining you have not committed any other sexual offenses since completing treatment or probation. TRUST ME....

2) A letter from your wife that she is aware of your past, and how she feels about it. And do not doctor the letter for her but let her speak in her honest words.

3) Your sex offender status, meaning are you a public risk? This means do you have to register as a tier 1,2.3? Any web site forum notification? If you have committed a statutory rape, or a sexual misdemeanor then probably not. THIS IS VERY IMPORTANT.. THIS CLASSIFIES YOUR COMMUNITY STATUS.

4) Letter from your paster? As for treatment well her is the thing. It does not mean much. No treatment provider can say you are not a risk. I know that from experience. Maybe a risk assessment and a prior PSI Pre-sentence Investigation.

5) A letter showing remorse for your crime & the victim. In others words you victimized someone and you have paid your debts to society, etc, etc. Not being in any denial of your past. You are already, guilty.

I beat the Adam Walsh act. The reason for my victory was all above. You have to file a family based petition whether you file a K-3, K-1, or a green card petition. You have to do the things above.

Sincerly,

Shane

Edited September 14, 2009 by Angie Y Shane

[greg55 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.

try Reeves and assc. in San Fransico they are a international imag. firm they are good but expensive as well

[C0881 2]

Hey RadioDJ33, any news from you? My husband's petition falls under AWA too. I am adjusting status in the US and anxiously waiting for USCIS's decisions everyday.

[SuperDuper! 230]

"The Adam Walsh Child Protection and Safety Act (Pub.L. 109-248) was signed into law by U.S. President George W. Bush on July 27, 2006. The legislation organizes sex offenders into three tiers and mandates that Tier 3 offenders (the most serious tier) update their whereabouts every three months with lifetime registration requirements. Tier 2 offenders must update their whereabouts every six months with 25 years of registration, and Tier 1 offenders (which includes minors as young as 14 years of age) must update their whereabouts every year with 15 years of registration. Failure to register and update information is a felony under the law. It also creates a national sex offender registry and instructs each state and territory to apply identical criteria for posting offender data on the Internet (i.e., offender's name, address, date of birth, place of employment, photograph, etc.)"

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Here is to wishing another beat down on Adam Walsh. This law goes to far and ruins more lives than it protects. Good luck and no worries! Peace.