Help with AWA

[Rbhp58 0]

Hello. 

I am currently filling in an I-129f form for myself and my British fiancée. Please can anyone help / advise ..

this is embarrassing but I’m at a loss and wondering if it is a lost cause. 8 years ago I was arrested and jailed 6 months for sleeping with a minor I was 21, the girl was 17, my fiancée knows and has always known about this. My criminal record was recently expunged in 2016 and I had hoped this was enough. Though now I look into it a lot more, I realise it’s not enough at all.

I sadly can’t afford the $$$$s a good immigration lawyer costs to help with the waiver process. What I’m asking is has anyone been in this situation /know how unlikely / likely I am to get a waiver without help of a fancy costly lawyer. We are both truely devastated and heart broken. We had even put down money for a deposit on a wedding booking. Thank you in advance

[Boiler 43,397]

Can you move to the UK, not sure what the regulation there would be.

[Tom169 54]

Near enough impossible without a good lawyer and many years of work. 

[Rbhp58 0]

Thank you for your reply..It has been considered but I have another 2 years till I finish my degree. I’m ex military and being paid to retrain so I cannot transfer. Feel in a mess.

[Boiler 43,397]

When you finish your degree?

[Rbhp58 0]

It has been an extremely trying 3 years travelling back and forth for both of us. I can’t imagine another 2-3 years long distance, 

[evli1966 88]

Not impossible but without knowing the legal jargon needed to be put in writing and how to submit the waiver and all follow up work it will be incredibly difficult.

Time frame will be counted in years for an approval if given. (Took us 8 years for visa approval and now over a year and still counting for the green card)

 

Saving grace for you both is she is a citizen of a country that is allowed to travel to the USA on a tourist visa obtained electronically...staybis 90 days at a time.

 

As for you traveling; if you are on the registery then I am surprised you made it into the UK with the IML label on your passport.

If you do not register then you can travel to visit as well.

[geowrian 22,335]

Agreed...without the patience and money for an experienced immigration attorney to handle your case, overcoming an AWA offense is just not something that happens. The options are to either fight the case for a waiver with an attorney (expensive and will probably take years), live elsewhere together, or don't pursue the relationship (not suggesting this...just saying it IS an option).

 

If you choose to fight it, she can still visit in the meantime. Heck, she may even be able to try for a student or work visa (not easy, but IS an option) to allow you to be together for a few years while you either fight it or work on other living/residency arrangements.

Edited December 27, 2017 by geowrian

[Etamkoos 100]

I understand you are unable to afford the process of legal fees, however, perhaps you can afford a consultation with one who has a knowledge of waivers that can advise you of probability, timescales, estimate costs and have an option of payment plans.

 

Other than that, if you don't think you can manage another 2 - 3 years long distance then deciding whether this person is someone you want to marry is your best bet.  If not, no visa issue.

[Jawaree 717]

Is there no way for a military atty o hlp , if not you seek some

help with the waiver from your local legal aid.

 

This will be a challenge for DIY however one has to try, nothing beats

trials except the failure, read up on the laws, rules, disclose everything

to USCIS or it will work against you, if the 17 yr old can write a letter it

was consensual (it may help if you can communicate with her still) have

copies of disposition & expungement, put yourself in some type of rehab

for it, have a letter from your fiancee & some character references

.

Dont know the real back story but they may listen if its a 17yr old having a

relationship with a 21 yr old (remember some states girls can get marry from

age 16).....This was not smart on your part back then but now you have to deal 

with it....I dont think it would be easy for you to move to the UK...they have

turned around ppl like Martha Stewart, Snoop, Mike Tyson among others

with offense in their background...all was required to first go get some

kind of UK waiver before entering.....Please know only 22 ppl have succeeded

under AWA..........Good luck

Edited December 27, 2017 by Jawaree

[Russ&Caro 1,548]

17 hours ago, geowrian said:

Agreed...without the patience and money for an experienced immigration attorney to handle your case, overcoming an AWA offense is just not something that happens. The options are to either fight the case for a waiver with an attorney (expensive and will probably take years), live elsewhere together, or don't pursue the relationship (not suggesting this...just saying it IS an option).

 

If you choose to fight it, she can still visit in the meantime. Heck, she may even be able to try for a student or work visa (not easy, but IS an option) to allow you to be together for a few years while you either fight it or work on other living/residency arrangements.

Another option is she falls in love with and marries a third person (USC), immigrates to the US, and they bring you into a polyamorous relationship.

[geowrian 22,335]

29 minutes ago, Russ&Caro said:

Another option is she falls in love with and marries a third person (USC), immigrates to the US, and they bring you into a polyamorous relationship.

There's always exceptions to the rule

[TNJ17 1,329]

You say you are ex military? How was your discharge? With honors or not? Do you still have access to JAG? You can get a JAG lawyer to help you with this if you are still able to access that. 

[TNJ17 1,329]

Also just FYI, never make any wedding plans until you have visa in hand. You’re just wasting money because you never know how long it’s gonna take. 

[caliliving 606]

was it consensual? you were close in age (17 and 21) and if it is consenual (think Kylie and Tiga LOL) , maybe that can make a difference.

however, very slim chance to overcome the waiver yourself.  so if you can not afford to shell out thousands on a waiver lawyer, and you cant move to the UK either (i dont know their laws) maybe break up.