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

[Helen Louise Pile 80]

My friend says: "LIfe's rejection is God's protection."

I like this.

Certainly takes on a while new meaning in the context of a convicted sex offender trying to bring over a young woman from Vietnam to marry.

Geez.

OP: people have given good advice on what steps to take now. Others have passed judgement. This is a very sensitive topic and people have a strong feelings about it.

Remember it is possible that you do not know everything there is to know about this story or this man. You are young and may want children at some point, so you need to know this man is safe and his past shows that there is something for you to be concerned about.

I wish you well, whatever you do from here. Stay safe.

Helen

Edited June 19, 2011 by Helen Louise Pile

[Adil & Jeanne 296]

No way can a therapist guarantee this and the danger is to children.

Low Risk is still a risk.

If you ever got a visa to marry him, I would be surprised.

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.

[gretchen_darren 67]

I am not referring to being expunged from USCIS and DHS. I am referring to court records of his case. He may have made a deal where if he completes counseling, his record may be cleared. It depends on the public defender and judge. This may have been the case for One DUI if he stayed clean for a number of months or years. Not sure. Also, noting from her timeline, there WAS an RFE last May. All I know is, HE HAS to be HONEST with HER. Tell HER everything and accept what she does and chooses to do. If they stay together, he MAY have to chose to stay in America without her or leave to live there with her. All I can say is they need a really, really good immigration lawyer at this point. Their issue is one where none of us can help them. I wish them the best of luck. But frankly, it looks like the goose is cooked, and it stayed in the oven way, way too long.

[happywife 4]

i read this post and am thinking about it in the other way. you love your fiance to death and he loves you too. you can not get a visa, why not just ask him to move to your place and live together forever. where there is love where is heaven.

[JimVaPhuong 4,863]

There's an awful lot misinformation or misunderstanding in this thread. This post contains the best advice I've seen so far.

You are best to post here http://www.visajourney.com/forums/forum/126-imbra-special-topics/

With the rest of the Adam Walsh Filers such as myself, see my timeline? Its not an easy process. Read through the adam walsh cases , since you got and RFE I assume, you have to quickly gather as much evidence in his favor as possible and submit.

Without pointing out any specific posts that contained misleading or incorrect information...

Sex offenders are required to register their address whenever they move. That information is publicly available. The OP would be doing neither a favor to the public nor a disservice to her fiance by posting any information about him because anyone who wants to find this information can do so. You can find information on sex offenders living near you at the Department of Justic NSO public website:

http://www.nsopw.gov/Core/Portal.aspx?AspxAutoDetectCookieSupport=1

The questions in section C.2 of the I-129F have to do with the IMBRA, which is about disclosure - not denial. The Adam Walsh Act is something entirely different - it's about sex crimes involving children. Someone with a conviction covered by the AWA is not eligible to submit any family visa petition. Getting a waiver is possible. The thread linked in the post I quoted above contains stories of people who have gone through the process, and some have been successful.

Finally, we don't know the circumstances surrounding what the OP's fiance did. There is a huge amount of porn on the internet. It's not possible to know the ages of every model or actor/actress depicted in those photos and videos. It's not like they pose with their ID cards. Title 18 of the federal law requires that producers of sexually explicit material verify the ages of the people depicted in their work, and that they keep the proof of age on file. There have been many cases where young people have lied about their age and used false ID in order to make money as porn models and actors/actresses. Anybody remember Traci Lords? She went into the adult film business as an actress when she was only 15 years old using a fake ID. She even appeared in Penthouse magazine when she was only 16. Would everyone who purchased that particular issue of Penthouse be classified as a sex offender?

The point is that it's illegal to possess this material, even if you were unaware that the persons depicted were under age. We don't know the exact nature of the material that the OP's fiance had, nor if he was aware that the material depicted children who were under age. The fact that a professional psychologist confirmed that he wasn't a danger is a pretty good indication that he's not a potential child molester.

[garmar 0]

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

[~ameriptian~ 54]

I don't have any K1-related advice to offer you on your case...

But as a beneficiary who has been in the US for almost a year and half now, I can say -out of experience- that the adjustment phase is by no means easy... Have you asked yourself if you want children with your fiance? What if you have children together, will your children be able to have a healthy childhood? Will your children be able to make friends, or invite friends over? Will he ever be able pick-up/drop-off your children from school or even be around a school? What if you are never able to make a friend of your own? What if you move and everybody in your neighborhood/whole town knows you are the fiancee/wife of a sex offender? Do you think he'll ever be able to get a good job...advance in a career??

Marriage is a big responsibility and a FULL-TIME job, moving to a new country is big decision, being away from your family and where you were born and raised is definitely not for the weak...are you willing to accept another strain for the rest of your life...?

I am by no means trying to judge your relationship, or question your love for your fiance... But, as many people here, I am just trying shed some light to what you are up to.. Love before marriage is all rosy and lovers imagine that everything is perfect in their own little worlds, but things are not quite rosy all the time in some marriages..

Ask yourself all these questions and MORE, and weigh your options... You are a responsible adult (just like your fiance is), and you choose in which direction your life goes...

Good luck!

[garmar 0]

My understanding is that your fiance is not eligible as a k-1 petitioner because he is convicted of a sex crime. An appeal might have had a chance had he not been dishonest on the 1-129. that is strike two. Also since it is in question whether he has completed the terms of his sentence that is strike three. I understand that love conquers all but this is a hard one to beat. Unfortunately with the availability of child porn via the internet he obviously got into something very dangerous. I won't question his motives there as I don't know him but I hope you have. I would suggest you obtain a complete copy of the "discovery" (evidence against him in the conviction). This might give you a better idea as to what the uscis is looking at.

[garmar 0]

THANK YOU ! YOUR FIANCEE IS BEAUTIFUL TOO ! . I DO LOVE MY FIANCE TILL DEATH. WE HAVE TO TRY TO WIN THIS APPEAL WITH ALL AFFORTS NO MATTER THE RESULT WILL BE . THANK YOU FOR GIVING ME GOOD ADVICES !

[Stephalex 2]

You are best to post here http://www.visajourney.com/forums/forum/126-imbra-special-topics/

With the rest of the Adam Walsh Filers such as myself, see my timeline? Its not an easy process. Read through the adam walsh cases , since you got and RFE I assume, you have to quickly gather as much evidence in his favor as possible and submit.

I think she got denied, I don't think there was any RFE issued, it was flat out denial..

[BSquared 9]

Not that I am pro sex offenders... I am simply choosing not to judge. --- As Jim stated, his picture/address/info are all online. In PA - court dockets are also available online - so you can look up the basics of every court hearing. (Unsure about other states.) AND, her fiancé could have had 1 or 2 pictures on his computer. He didn't need to have tons of pictures to get caught or in trouble. He could very well have commited a seperate crime (or someone else in the household for that matter), where a search of his home was conducted, his computer was evidence - and then of course led to the porn conviction. Happens ALL the time on L&O. Either way - the OP asked for guidance pertaining to her case - not how to be told to run away. She knows the story - she's capable of running if she wants. -- Again, as Jim stated, Adam & Thet gave great advice.

America is surely not the only country full of 'sick minds'.

Edited June 20, 2011 by BSquared

[beautiful_hope 0]

HELLO ALL,

I think you guys are minsunderstanding about our case and my fiance. I'm sorry if my English is still limited to explain you better. We didn't read the I-129F carefully so we forgot to report and attach documents on there regarding my fiance's crime. My fiance wasnnot fraudent. Certainly, we received NOID and we submited all the evidences that we found:

1/ Court record

2/ Police background

3/ Evaluation frm psychiatrist who was aslo therapist that my fiance was attending the sesstion. He has affirmed that my fiance has completed 3 years of counseling in the evaluation document. He has confirmed that my fiance is successfully discharged from treatment and never been precribed psychotropic and he can deserve moving on his life. After interviewing with him, he already confirmed that my fiance's crime is extremely risk. However we forgot to attach the document of 3 years of counselling. We will contact with the court to find this. It's helpful for our case with regard to this appeal.

4/ Evaluation from alocohol treatment

5/ Letters from my fiance that he plead guitly, from his mother, his sisters

6/ Letters from my and my parents

7/ Certified copies Disposition

However we still received notice of Deny because they said they my fiance didnt prove himself post riskto me. The first reason that he didn't submit document to say that he completed 3 years of counselling while the counselling was a part of his sentence. If he didn't complete this, he couldn't have been released from his parole officer. And 2nd reason that he got one D.U.I, uscis still think he migt be risk to me if sometimes he just drinks beer. They don't believe that my fiance's a social drinker now although therapist has mentioned this in the evaluation document. According to me, my case would be approved if we submited full of documents. We have found a thread that may hep Adam Walsh Act who can able to win the appeal where AAO analyse the case why they deny. Here is the link:

http://www.uscis.gov...009_02B9204.pdf

After reading this, i understand fully why my case was denied. The letters can help but not a lot. The official court documents are really important and nessary.

Herein, I would love you guys to respect my fiance because he deserves a better life. He's not someone who is so danger as you judge. You haven't met him in person and how you conclude harsh decision?

I definetely that our relationship have grown up from love, not i want to go to American and have GREEN CARD. I did ask him to move here with me if he wants. However he can't leave his son because he wants to be responsible with his until he is 18. I confirm he's a very response man. If he were a risk, his ex wife wouldn't let his son to stay with him every weekend. She knows exactly that my fiance posts no risk to his son. I have chatted with her on facebook and she confirmed this. His son loves him so much and not want him to live alone anymore.

Let me explain about our relationship. I have been chatting and emailing with him on the internet about 1 year before he decided to visit me because I think he wanted to make sure that I'm really serious this and not looking for a way to go to USA. We had great time for his 1st trip. He met my parents and my cousin, my aunts and my uncles.. We engaged on my birthday. He stayed her in 2 weeks then he came back usa on 2/2009. Due to fianial issue, he couldn't fill in k1 visa until 2/2010. On 1/29/2011 We got pre-wedding tradition ceremony on his 2nd trip. He stayed there with me and enjoy Tet holiday with my family. People that he is very friendly and nice. Of course I have noticed his behavious that I couldn't find any sign of risk and danger. Oppositely, he very respects me and my family. I aslo have a little niece and I noticed that he didn't do any bad on her. Oppositely, he's very friendly and likable. I have noticed every his behaviours and defintely I never find any sign of violent, abuse........

The main reason that he was convicted of possesion of child pornography because he was involved to a group that he wasn't aware it's illegal actions. He did feel guilty with this. He was serving one year in jail and completed treatment very well. At that time, he divored with his wife because she was cheating him with anothere man. He was melacholy and lonely. That's why he was involed to illegal group. The D.U.I came from after his ex gf dumped him and left for his friend.. My fiance said that he did make big mistakes and he's learing this very well. Now he just drinks at home sometimes. When he was here with me, he tried to refuse drinking beer. Throughout 4 years relationship, I affrim that my fiance is very honest, very decent and how he adores me ! I aslo have a very good relationship with his mom and his sister. I aslo email to his friends to know about him. My fiance is a hard worker and he is working as technician in 4 years and a half and often travel for works. One of his neighour who is working for the police can write a letter to confirm that my fiance isn't risk to everyone around.

My fiance isn't rich and we can't find a full-time good immigrant lawyer. We can show the pdf to him to see what he will consulate. He can help us to write a brief.. Now we are trying to collect more evidences and courts documents ... because I found that my case could have good chance if we submit enough evidences that they need. According to me, I need to re-write a letter to say about his behaviors.

P/S. It's helpfu if you guys can give us good advices. I know my choice and he's best choice. Don't adjust someone if you just base on the criminal background. A GREAT MAN DOESN'T MEAN THAT HE'S NO RISK. I found many great men who ARE so sick in Mind. I never want to judge someone who is bad or good until you're around him and contact him enough long to conclude thiS. Again, I'm so sorry if i didnt explain enough about my case and my fiance. But DONOT JUDGE about my man ! This is my husband and I donot want you guys to think badly of him. He derseves to be respected like normaly everyone !

Edited June 20, 2011 by letanni

[TiklingGuy 211]

People on here say sex offenders cannot change. That's not true. People can change if that's what they want to do. What about being saved by grace through Jesus Christ? There are tons of people out there that committed terrible crimes that will inherit truck loads of riches in heaven because they accepted Jesus and lived a godly life after they were saved. that's just one example. One terrible mistake in life can be hard to forget sometimes, but what if this man has tried everything he can possible do to run from that crime and move on with his life? Look in the mirror and remove your own plank first. What god thinks of you is what counts. I know some people believe different than me and that's ok. I respect other people view, but that's mine. Good luck to the OP, I hope you find peace with this situation.

[NY_BX 397]

People on here say sex offenders cannot change. That's not true. People can change if that's what they want to do. What about being saved by grace through Jesus Christ? There are tons of people out there that committed terrible crimes that will inherit truck loads of riches in heaven because they accepted Jesus and lived a godly life after they were saved. that's just one example. One terrible mistake in life can be hard to forget sometimes, but what if this man has tried everything he can possible do to run from that crime and move on with his life? Look in the mirror and remove your own plank first. What god thinks of you is what counts. I know some people believe different than me and that's ok. I respect other people view, but that's mine. Good luck to the OP, I hope you find peace with this situation.

I believe that we are ying/yang; we're all good and bad at the same time. So, yes I agree that we all should look ourselves in the mirror before blaming others for our shortcomings. I do also believe that in this particular case, the man apparently has done everything possible to do things right. However, that was not the question. The question was not geared towards marital advice, although some of us felt the resopnsibility to shift ther focus to a more objective view. The question is about how to overcome her I-129F denial. Mostly everyone here has told her that it is an uphill battle. He was NOT forthcoming in the initial petition and he did NOT submit all the required paperwork. Those are the facts.

So, I'm sorry but what God thinks does counts for everything else, except any legal proceedings like this one. America= separation of church and state. Besides, he did submit a letter from clergy, I believe. Didn't help.

Let's keep it real because I'd hate to ask for advice and be blindsighted by uplifting messages that won't help me solve the problem. Not to say the positive input is not appreciated, but constructive feedback should always be welcomed.

I too wish her good luck and find peace in every situation.

[TiklingGuy 211]

For sure there are penalties and prices to pay for your crimes. Society will disown you for outrageous and horrible crimes such as child molester. And those penalties should be enforced strongly. But keeping unforgivessness in your life will stop you from becoming everything God wants you to be. I don't know the whole story behind this mans crimes so I cannot say, but this man has a heart, and I feel that judgement should come only from the one that truly knows every single bit of the situation, and that is God. But God will forgive this man, if he asks for it. If god can do it, so can we. I keeped unforgiveness in my life towards someone that hurt me very badly in the past, it really brought me down for a long time. Once I learned that I needed to forgive that person, the dark hole in my life went away and now I feel that I can fulfill this great life God has for me! I do agree to protect children from child molesters, protect with love in your heart, not hate. Lol I agree to, this conversation is not topic. He should have disclosed the information and he possibly got a different result. But if penalty is he cannot bring a foreign fiancé because of past crimes, then the penalty should be enforced. My views only pertain to us as people. But the law is the law and it is in place for a reason.