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beautiful_hope

Any help me please? My case has been denied due to adam walsh act

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Filed: K-1 Visa Country: Vietnam
Timeline

Hello All,

My case has been denied due to Adam walsh Act. The 2 main reasons are that my fiance didn't provide the proof of 3 years of counselling and 2nd is that his D.U.I.We have submited all the evidences to prove my fiance doesn't posk risk to me, However, my fiance didn't submit 3 years of counselling as it was a part of his sentence. He was convicted of possession child porn 10 years ago. He aslo submited the evidences of alcohol treatment..I dont undestand why they still deny us? What should i do now ? Should we appeal now? Please show me how to contact with human rights group and ACLU? I'm so panic and deeply sad. i love my fiance till death. Please anyone there help us? Please Please Please

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Filed: AOS (pnd) Country: Jamaica
Timeline

Is he the beneficiary? Or the citizen? It seems like he is the beneficiary.

I'm sorry, but you state that he didn't complete/submit evidence of 3 years of counseling that was a required part of his sentence for his child porn conviction?????? And you don't know why he was denied?????? Can he complete the counseling now? He really should have gotten the counseling handled. There's no way to know if completing this counseling would have helped. I'm sure that any sore of crimes against children would be a HUGE red flag in any immigrant petition. With a child porn conviction, I think the issue is his danger to children NOT you. To top it off he had a DUI in there somewhere.

I guess you could appeal, but I'm not sure how successful that would be. Good luck. Sorry you're going through such pain. :(


3/13/11 Mailed AOS package (i130, 1485, i765)

3/15/11 AOS package received w/ signature

3/18/11 Checks cashed. Received text/email notices. Package sent to NBC.

3/19/11 All apps touched.

3/23/11 Received i797C Notices for all apps. RD: 3/15/11 PD: 3/17/11

3/26/11 Biometrics appt notice received for i765 for 4/20/11

3/29/11 Biometrics appt notice received for i485 for 4/21/11

4/20/11 Biometrics completed at Brooklyn office on 60th St for i765/i485

5/5/11 EAD (i765) APPROVED!!! No text, email, or website updates.

5/13/11 Received EAD in the mail. Applied for SSN.

5/19/11 Received SS card in the mail. Good work SSA!

5/23/11 Mailed change of address forms: NY to NJ.

5/28/11 Moved to NJ.

6/1/11 Text/email stating interview is 6/30/11!! Yay!!!

6/3/11 Received hardcopy of NJ interview notice at new address.

6/6/11 Received receipt for change of address.

6/30/11 APPROVED!!!! Review coming soon :)

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Filed: AOS (apr) Country: Philippines
Timeline

Just to err toward the side of mainstream caution here -- I certainly don't know you or your fiancé, so I wont pass judgement -- but his litany of prior offenses and convictions clearly has tipped the scales out of your favor.

Others that know more of the consulate in Vietnam may be able to offer more of a local perspective, but any mix of sexually-oriented child exploitation and alcohol-related convictions is a tremendous strike against you. I could be wrong, but I don't imagine the ACLU or appeals process would be of much avail.

It's difficult, but look at it this way -- in many states a child pornography conviction is a Class I felony. Which means your fiancé is a convicted felon. Which means he has no particular rights to appeal.

And even if that is not literally the case the USCIS is forced to make a character judgement at times and infer from the background of the Petitioner and Beneficiary certain patterns that may or may not indicate a potential for fraudulence or future issues. It is not difficult to connect those dots...conviction for sex crimes...conviction for alcohol abuse...finds girl in Asia...possible exploitation, human trafficking, or related problems.

It's a sticky situation. You by all means can attempt to appeal, but I wouldn't get too hopeful. I'd rarely say a skilled immigration attorney is in order, but if there ever was a time this'd be it.

Good luck. Keep us posted.

Even a Skilled Immigration Attourney would say NO.

Not completing Treatment there would be No Way for the Attourney to ask for a Waiver to be grated. That would be Proof of Treatment. There is none. No matter what. It is a Felony. The DUI would'nt be so important but throw that Felony in for that Conviction. I'm Sorry, it's over.

Again, I'm sorry.


TIM/MAV K1-JOURNEY
3/27/2007....We first met on myspace
1/30/10 ......My Honey proposed
8/15/10 ......He visit Philippines(2wks) & met my family
12/17/10 ....USCIS received the Filed I-129F for K1-visa
12/21/10 ....Received hard copy,NOA1
5/25/11.......Received RFE
6/09/11.......NOA2 approved
12/07/11.....Visa fee paid at BPI

6/11/13.......2nd visa fee payment
7/10-11/13.. Medical Exam completed@St.Lukes Clinic
1/15-16/14.. 2nd Medical exam updated
1/21/14...... k1 interview-Visa Approved
.....................................................................
8/29/14...... Submitted AOS application
10/03/14.....Biometrics
01/07/15.....Received my EAD card

01/31/15..... I got my SSN from the mail

04/20/15......AOS Interview - Approved :star:

4/24/15 .......Got the Driving Permit Card

4/30/15 .......Green Card Received :) (Exp.4/20/17)

http://youtu.be/BVf45EcdFwQ

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Filed: AOS (apr) Country: Philippines
Timeline

Option: Get treatment. Show Proof. Have an Attorney submit the request for Waiver. This will require Filing allover again.


TIM/MAV K1-JOURNEY
3/27/2007....We first met on myspace
1/30/10 ......My Honey proposed
8/15/10 ......He visit Philippines(2wks) & met my family
12/17/10 ....USCIS received the Filed I-129F for K1-visa
12/21/10 ....Received hard copy,NOA1
5/25/11.......Received RFE
6/09/11.......NOA2 approved
12/07/11.....Visa fee paid at BPI

6/11/13.......2nd visa fee payment
7/10-11/13.. Medical Exam completed@St.Lukes Clinic
1/15-16/14.. 2nd Medical exam updated
1/21/14...... k1 interview-Visa Approved
.....................................................................
8/29/14...... Submitted AOS application
10/03/14.....Biometrics
01/07/15.....Received my EAD card

01/31/15..... I got my SSN from the mail

04/20/15......AOS Interview - Approved :star:

4/24/15 .......Got the Driving Permit Card

4/30/15 .......Green Card Received :) (Exp.4/20/17)

http://youtu.be/BVf45EcdFwQ

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Filed: AOS (apr) Country: Philippines
Timeline

SORRY GUYS I MEAN MY FIANCE HAD COMPLETED OF 3 YEARS COUNSELLING BUT WE DIDN'T SUBMIT IT. HE WAS ATTENDING THE CLASS WITH THE THERAPIST WHO EVALUATED HIM TO BE EXTREME LOW RISK TO ME.

OK. This brings into Question: On your 129-F did you report this? Also it says to attach documents. If it was 10 years ago. did he return to the Therapist and ask for a statement saying he is no risk to you? I'm a bit confused.


TIM/MAV K1-JOURNEY
3/27/2007....We first met on myspace
1/30/10 ......My Honey proposed
8/15/10 ......He visit Philippines(2wks) & met my family
12/17/10 ....USCIS received the Filed I-129F for K1-visa
12/21/10 ....Received hard copy,NOA1
5/25/11.......Received RFE
6/09/11.......NOA2 approved
12/07/11.....Visa fee paid at BPI

6/11/13.......2nd visa fee payment
7/10-11/13.. Medical Exam completed@St.Lukes Clinic
1/15-16/14.. 2nd Medical exam updated
1/21/14...... k1 interview-Visa Approved
.....................................................................
8/29/14...... Submitted AOS application
10/03/14.....Biometrics
01/07/15.....Received my EAD card

01/31/15..... I got my SSN from the mail

04/20/15......AOS Interview - Approved :star:

4/24/15 .......Got the Driving Permit Card

4/30/15 .......Green Card Received :) (Exp.4/20/17)

http://youtu.be/BVf45EcdFwQ

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Filed: K-1 Visa Country: Vietnam
Timeline

Sorry, we forgot to attach this since we dont know. On November/2010, he went to therapist who he has already evaluated him that he is extrem low risk to me. Now my fiance is going to ask him a letter to state that he had completed of 3 years couselling.

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Filed: AOS (apr) Country: Philippines
Timeline

Sorry, we forgot to attach this since we dont know. On November/2010, he went to therapist who he has already evaluated him that he is extrem low risk to me. Now my fiance is going to ask him a letter to state that he had completed of 3 years couselling.

That will help alot. However, you never indicated if this was reported on the 129-F. Thats important.


TIM/MAV K1-JOURNEY
3/27/2007....We first met on myspace
1/30/10 ......My Honey proposed
8/15/10 ......He visit Philippines(2wks) & met my family
12/17/10 ....USCIS received the Filed I-129F for K1-visa
12/21/10 ....Received hard copy,NOA1
5/25/11.......Received RFE
6/09/11.......NOA2 approved
12/07/11.....Visa fee paid at BPI

6/11/13.......2nd visa fee payment
7/10-11/13.. Medical Exam completed@St.Lukes Clinic
1/15-16/14.. 2nd Medical exam updated
1/21/14...... k1 interview-Visa Approved
.....................................................................
8/29/14...... Submitted AOS application
10/03/14.....Biometrics
01/07/15.....Received my EAD card

01/31/15..... I got my SSN from the mail

04/20/15......AOS Interview - Approved :star:

4/24/15 .......Got the Driving Permit Card

4/30/15 .......Green Card Received :) (Exp.4/20/17)

http://youtu.be/BVf45EcdFwQ

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Filed: K-1 Visa Country: Vietnam
Timeline

That will help alot. However, you never indicated if this was reported on the 129-F. Thats important.

Sorry, we didn't report on I-129F since we don't know it's adam walsh act" speficific crime against with minor" because my fiance hasn't abused any minor. He visisted me 2 times. Should we attach more our photos on his 2nd trip as we have celebrated traditional ceremory for this appeal, so they can see we come from real love, not fraud. I know VietNam is well-known for fraud. But we love each other so truly and deeply. Should we get more letters? letter from his son and from his ex wife? Is it help?

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Filed: AOS (apr) Country: Philippines
Timeline

Sorry, we didn't report on I-129F since we don't know it's adam walsh act" speficific crime against with minor" because my fiance hasn't abused any minor. He visisted me 2 times. Should we attach more our photos on his 2nd trip as we have celebrated traditional ceremory for this appeal, so they can see we come from real love, not fraud. I know VietNam is well-known for fraud. But we love each other so truly and deeply. Should we get more letters? letter from his son and from his ex wife? Is it help?

OK. Lets get real here young lady. Thanks for being honest though it took some time. Here are the facts .

1# Adam Walsh Act Applies and a Denial.

2# Full disclosure on the 129-F about background and/or Convictions.

3# Denial that this never happened.

4# Fraud on the Petition.

Pictures will not do any good nor your relationship.

Visit a Good Immigration Attorney.

Good Luck.


TIM/MAV K1-JOURNEY
3/27/2007....We first met on myspace
1/30/10 ......My Honey proposed
8/15/10 ......He visit Philippines(2wks) & met my family
12/17/10 ....USCIS received the Filed I-129F for K1-visa
12/21/10 ....Received hard copy,NOA1
5/25/11.......Received RFE
6/09/11.......NOA2 approved
12/07/11.....Visa fee paid at BPI

6/11/13.......2nd visa fee payment
7/10-11/13.. Medical Exam completed@St.Lukes Clinic
1/15-16/14.. 2nd Medical exam updated
1/21/14...... k1 interview-Visa Approved
.....................................................................
8/29/14...... Submitted AOS application
10/03/14.....Biometrics
01/07/15.....Received my EAD card

01/31/15..... I got my SSN from the mail

04/20/15......AOS Interview - Approved :star:

4/24/15 .......Got the Driving Permit Card

4/30/15 .......Green Card Received :) (Exp.4/20/17)

http://youtu.be/BVf45EcdFwQ

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Filed: AOS (apr) Country: Philippines
Timeline

I'm Unsure of Vietnam Culture. But, you stated a traditional ceremony. I'm not sure if that means Married ? UNSURE. Just thinking, you can't have a K-1 Petition if your Married. Still confused I guess. Vietnam Members will know that answer. Not me.


TIM/MAV K1-JOURNEY
3/27/2007....We first met on myspace
1/30/10 ......My Honey proposed
8/15/10 ......He visit Philippines(2wks) & met my family
12/17/10 ....USCIS received the Filed I-129F for K1-visa
12/21/10 ....Received hard copy,NOA1
5/25/11.......Received RFE
6/09/11.......NOA2 approved
12/07/11.....Visa fee paid at BPI

6/11/13.......2nd visa fee payment
7/10-11/13.. Medical Exam completed@St.Lukes Clinic
1/15-16/14.. 2nd Medical exam updated
1/21/14...... k1 interview-Visa Approved
.....................................................................
8/29/14...... Submitted AOS application
10/03/14.....Biometrics
01/07/15.....Received my EAD card

01/31/15..... I got my SSN from the mail

04/20/15......AOS Interview - Approved :star:

4/24/15 .......Got the Driving Permit Card

4/30/15 .......Green Card Received :) (Exp.4/20/17)

http://youtu.be/BVf45EcdFwQ

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Filed: AOS (apr) Country: Philippines
Timeline

No we haven't got married yet, just pre-marriage tradition ceremony!

Wow. Loved the Picture


TIM/MAV K1-JOURNEY
3/27/2007....We first met on myspace
1/30/10 ......My Honey proposed
8/15/10 ......He visit Philippines(2wks) & met my family
12/17/10 ....USCIS received the Filed I-129F for K1-visa
12/21/10 ....Received hard copy,NOA1
5/25/11.......Received RFE
6/09/11.......NOA2 approved
12/07/11.....Visa fee paid at BPI

6/11/13.......2nd visa fee payment
7/10-11/13.. Medical Exam completed@St.Lukes Clinic
1/15-16/14.. 2nd Medical exam updated
1/21/14...... k1 interview-Visa Approved
.....................................................................
8/29/14...... Submitted AOS application
10/03/14.....Biometrics
01/07/15.....Received my EAD card

01/31/15..... I got my SSN from the mail

04/20/15......AOS Interview - Approved :star:

4/24/15 .......Got the Driving Permit Card

4/30/15 .......Green Card Received :) (Exp.4/20/17)

http://youtu.be/BVf45EcdFwQ

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