Randy&Marie

Nope not a minor Sir. They are both in their 30's that time.

Is there a victim at all is the question. In some states sodomy itself (yes... Gay sexual relations) is still a crime. I don't know that anyone is charged with that anymore.

If this was forced... I reckon your fiance won't ever be leaving the country.. I think that's part of registering as an offender.

If it involved a minor... He will have to register as a predator... And that is a huge difference than an offender... Leaving the country is the least of his issues.

TOPIC CLOSED

I wasn't abrupt with the other poster here. I am just simply siting my opinion. You believe she have a 'good understanding" of the situation just because she is a wife of a felon? I am seeking for advice, that is true. But I wrote in here that I am seeking for someone "WHO HAD THE SAME SITUATION LIKE OURS". Meaning, same K1 visa, same fiance that has a felony, same that got transferred and specially same that have a "Processing on Hold due to Security Checks" You were telling me that we are the same?

You said that "Just because I don't like what I read doesn't make it wrong", which means to say that what I wrote isn't wrong too even if you think it is. It is all based on our opinions. I cited my opinion, you cited your and she cited hers. It may sound rude to you doesn't mean I am being rude. It was all based on whoever reads it and make an opinion. Like I said I believe which is my opinion that my fiance is innocent. Whether his time to serve it is not yet over due to Parole time. But for me, in my OPINION, I believe he already served his time. Considering that he is innocent which is what I believe to.

It was really hard to defend my religious beliefs on people that doesn't believe on it. But you are right, I should defend it for as long as I can because that is what I believed in. I believe in GOD. I believe that HE can make things happen. I believe that all of the people on earth are sinners and we are all gonna be judged on JUDGEMENT DAY. Thank you and God Bless..

You were very abrupt with one person on this thread who has also got a husband who is also a felon. So if you actually want information as you said, and that "the purpose of my post was to seek for VJMemebers that have the situation like ours. To have an idea on how did they cope and how long it takes for them to wait." how about actually reading what the poster said? I would think she has a good understanding of the situation you find yourself in. You asked for other people's help and opinions, and yet your answer to her was rude. Just because you don't like what you read, doesn't make it wrong. What you are actually seeking is someone to tell you it will be all okay, just fine, don't worry about it, and that is not what VJ is about. People take the time to post because they are trying to help you, whether you understand that or not. Your assessment of their religious beliefs or lack of them does not come into it in the slightest.

You can defend your religious beliefs as much as you want. You had also better come to the understanding that your boyfriend was convicted, not misjudged, is a felon and did serious time, and has to complete parole as a registered sex offender. The "new administration has some vendetta for the USC's", no what they are trying to do is keep your country safe from foreign predators. Even IF you "find their rules being unfair to the people who paid their case and yet suffering from not having a normal life. Its just not fair." He hasn't done his time, parole is part of that, and it isn't over yet.

Your time would be better spent working out how you plan to move on from here, if you can never get a visa based on his petition, and he won't be allowed in the Philippines.

You may have no alternative to wait until his parole finishes in 2019.

I would not defend my religious beliefs on here specially if some of the people doesn't believe on what God can do. All I wanted and the purpose of my post was to seek for VJMemebers that have the situation like ours. To have an idea on how did they cope and how long it takes for them to wait. There is nothing powerful than GOD. Not even USCIS or anything. There is no impossible with GOD. Thank you and God Bless.

But God, from memory, does not grant Visas. USCIS does that. Contacting a congressman will not be of the slightest bit of use. The law, being the law, and such like.

Hi first and foremost I don't want his parole officer to be in trouble for letting him go. My fiance's case even if it sounds redundant but his case was misjudged by the jury during that time. I know there is a lot of people who would think that "all" who went to prison are criminals. But not all of them. Some of them couldn't afford to get their own lawyer and end up the publics lawyer that doesn't do much. Some of them have been misjudged and evidence get manipulated by higher officials. There are so many cases around even here in the Philippines that went to prison and yet they are innocent. The one who did a polygraph to him after almost 10 years in there said he was innocent. But no more use because that is 10 years too late already. The anger management person believed he is innocent so he didn't stayed there for too long. The parole officer that he got assigned to believed he is innocent that's why he going easy on him. I believe he is innocent because aside from what he told me, he also showed me and let me read his record script.

Another thing is I disagree that you said Parole time is still included on their sentence. His state where he is at have a "mandatory" Parole time after serving their time. So they can extract money to them. You may know your situation and your husband. But you don't know the situation of all the "felon's wife". Every situation are different and unique. You may have experienced something doesn't mean others will too. They may have experienced something doesn't mean you will too. It is all different. I believe that its only God who has the right to judge all of us. On the judgement day we all be judged on our sins. We all committed sins, some may be not against the "law" here on earth. But it may be against "God's will and law". Thank you and God Bless.

The parole officer let him travel internationally as a registered SO? My husband has a criminal record and did prison time and parole time. When he was on parole he needed permission to go to a Wal-Mart in the next county (and he committed theft) and there's no way the PO would have allowed him to leave the country for a non-work matter.

And, with respect, he has not yet paid for his crime. Parole is part of his punishment and sentencing for the crime. And I say that to you as the wife of a felon, so I do understand the situation.

Hi the contacting the Congressman would be a good idea. Just waiting time again for it. I know its hard to keep the faith in God. But we have to be strong and won't loose hope. He is there and seeing our heartaches. We just have to keep on trusting God and believe He will help us. Don't stop praying because He listens. Thank you and God Bless.

Dear Randy and Marie,

No, our case was not transferred, its with California Service Center from the beginning till now. My petitioner (USC) has no record on file except for one speeding ticket, where he is driving 5MPH over the speed limit. other than that, he had no brush ups with the law. I have worked outside the Philippines for 11 years (in saudi arabia), but I secured a police clearance before i left saudi arabia. And their system is wired. Just enter the passport number and everything about you to the bones will appear in the system so I dont think the delay is coming from security checks in saudi arabia. Likewise, I am also clear here in the Philippines. I am trying to convince him to if we can just get married here in the Philippines and do the spouse petition, to hell with the K-1 but he prefers that we get married in the US. Though He is planning to call the congressman for his district, he is just waiting for the election to be over. Thanks for your reply and I admire your positivity. The situation is already getting under my skin, Its sad that some people are in a position to prevent people from building a family and being happy. I wish he had not been an American, or that I have not been from the Philippines.

All the best for you and me. May your prayers reach heaven. Im reaching the point of believing that my prayers are not making it through.

Hi thank you for having a time and replying. No Sir the victim that time was 30 something years old as well as my fiance. They both almost are in the same age.

Was the victim a minor?

Hi thank you for having a time and replying. If I may ask does your fiance have a conviction? Did you guys got transferred to Vermont? Did you try to contact USCIS after letting you guys know that's its on hold? I understand the frustration. I had the same feeling. Its feeling frustrated and hopeless. I also know the feeling of not being able to make plans. Everything is on hold because we are waiting for uncertainty. But right now this is the path that we have. We just have to trust God that He will let those adjudicators to give us their decisions soon. I know that God will help us in our ordeal right now. We just have to keep trusting Him. Thank you and God Bless.

Hello there,

got the same case here. for pur case the petition was received by USCIS California on Feb 1, 2016. We made a follow up on august 26, 2016 citing that its beyond normal processing times. we got the reply that its on processing hild because security checks remain pending. we have just completed 9 months of waiting and still no progress. Its frustrating already as I have not signed for a new contract for work because it can get in the way when i have to attend the interview. I have wasted opportunities (and lost money because I am not working) because of the process. sometimes I just want to do away with it. If only I can convince my fiancee to stay here in the Philippines I dont have to go through all this waiting game.

Has anyone found a solution about this situation involving security checks? I obtained police clearance in the country I have lived in before returning to the Philippines. My biggest regret is giving up my job for this aimless waiting.

Sorry if I let my frustrations out. I hope to hear something good. If they wanna deny the petition they can do it, and they should do it fast so we can move on to the next step.

Thanks for whatever reply you gonna send my way.

Mocha G.

Hi thank you for having a time and replying. It was really no fun for him and for us. Knowing we are on the same building and yet can't see each other was the worst feeling ever. We are still waiting for the descision though for the application. Will the pending because Of security checks means Denial already? I was hoping somebody in our VJMembers who had the same situation like ours. I read in some Immigration Lawyer website says that there's a chance for approval as long as the felony doesnt covers Adam Walsh Act. That time he got convicted I believe that my fiance is innocent. So saddened when a person get a title of "Convicted Sex Offender". People get to judge him just because of that title. But he is no way near that title. That may have been what is on his record, he is a good person. I wouldn't call " being lucky" on what happen to us meeting twice when he visit us here in the Philippines. I believe it was God's plan. We are still hopeful and only God knows what is gonna happen in our case. We will just wait but I am still hoping to find someone here who could let me know how they dealt with the situation. Thank you and God Bless.

Wow flying to the Philippines and having to fly back the next day? That was no fun for sure.

Well he is a convicted sex offender some how he slipped through the data base in the Philippines the first few times. He got lucky.

The 2 of you do what you think is best but I think the best option would be to reapply AFTER the parole is over and better yet get married and the the CR-1 Spousal visa.

Good luck to you both.

• jim

Hello thank you for having a time and replying. I am so sorry for that matter. I didn't intend not to include what kind of felony does he had. He had a Sodomy case and served almost 10 years for it. But the state he got charged have a mandatory Parole time after he got released. So he will remain on Parole until 2019.

you are being very vague regarding what type of felony your fiance was convicted of, without knowing details there isn't much people can say or do to try to help.

Hello, yes the USC is thr one who has a felony. That is why I mentioned above that he is even on Parole until 2019. But I am aware of all that from the start of our relationship. He told me about his past from the start. Anyway my fiance has been able to travel here in the Philippines twice. Until this year when he attempt again to visit, he got held off. Somehow the new administration here in the Philippines has some vendetta for the USC's. Because his record got shown on the airport that he is still on Parole. So he didn't get to enter the Philippines and just stayed in the airport until the next day. He flew back to US the next day. I am the foreign fiancee and my fiance are together in this account. He is working in a shop so he couldn't always inquire and investigate about our case. That is why I took over whenever I can to find out. I find their rules being unfair to the people who paid their case and yet suffering from not having a normal life. Its just not fair. Thank you and God Bless.

WAIT - I misunderstood -

your fiance is the USC and you are the philppine national and he is having trouble getting into the Philippines?

That means he is a felon. Felons of certain crimes are not allowed to travel internationally.

Again I apologize for the misunderstanding - I am used to the USC petitioner doing all the legwork for the research part of the K1 journey - it really throws me for a loop when the foreign national is doing all the work. Kind of throws out all kinds red flags to me at least. Nevertheless....

International Travel for Convicted Felons

Millions of people travel internationally every year. However, anyone who has been convicted of a felony may not be able to leave the country as easily as non convicts can. Though there are rules and restrictions regarding the international travel of convicted felons, they are still almost always eligible to receive a U.S. passport. There are some exceptions to the rule though, including anyone convicted of international drug trafficking. Other actions that could keep a felon from obtaining a U.S. passport include being subject to a subpoena or a federal arrest on felony charges, having unpaid loans stemming from being a prisoner abroad and being told by a judge that they cant leave the country. Anyone that owes more than $5,000 in child support will not be able to obtain a U.S. passport whether they are a convicted felon or not. Aside from these exceptions, any convicted felon can still apply for, and receive, a valid U.S. passport.

In most cases involving international travel, it is possible to spend up to 90 days in a foreign country without needing anything other than a passport. Any stay that extends beyond 90 days almost always requires the person to have a valid visa allowing them to stay in the country longer. There are certain countries that refuse to grant a visa to any convicted felon, regardless of circumstances.

Different countries have different rules regarding the allowance of convicted felons to enter the country. For example, a convicted felon cannot enter Belgium for either business or pleasure without possessing a plane ticket for a return flight to the U.S. and a sufficient amount of money available to them as well.

Romania has strict rules for entering their country. If someone intends to stay in Romania for more than 90 days they are required to obtain an extension of stay. It is required that the person also obtains an exit visa in case they end up staying longer than planned after the 90 days have passed. Those who dont obtain the necessary visas may be subject to expensive fines.

I will modify this from my own experiences of myself and people I know...

The child support level when they pull your passport is 2500. Trust me I know. https://travel.state.gov/content/passports/en/passports/information/legal-matters/child-support.html

Also - some countries like Canada - a simple DUI will keep you out.

Hi thank you for having a time and replying. He is actually added just this year in the No Fly list. After he just attempt to come here for the third time. He isn't included in those kind of things. But he is still on Parole until 2019. So that is the ground they use for not letting him enter. I guess the new administration has some vendetta for the USC's. Because my fiance get to visit here before twice without any problem. Thank you and God Bless.

What "KIND" of criminal record are we talking about?

A security check can also consist of people that are on inside database watch lists of sorts. For example - he could be on a "no-fly" list or other Homeland Security type database. This can happen to someone in the south west Philippines if he is a known associate of some of the Islamic extremists there... you may not know of that.... and no one would tell you.

Things like this happen.

If you do make it into an airport - other strange things will happen such as being moved to secondary screening. No one will tell you anything - you will only notice strange things like that.

Hello thank you for having a time and replying. Yes it was very disappointing not knowing what will happen. I thought maybe then that they weren't too strict with their own people (USC's). Plus he already paid for what ever he did. Also I think if the foreign fiance alredy know about his background its in her discretion to pursue or not the relationship. I never see any danger or whatsoever to my fiance. And we have been together for almost 6 years. He's been here twice and tried again this year October 2016. But he got held off because apparently the Philippines records updated and saw his past and that he is on Parole. I guess people who are trying to live a normal life isn't allowed once you have a record. Thank you and God Bless.

I think her fiance (USC) has a record because she said

And yes, at the moment you're on their clock now. We don't know the details of your case, other than your fiance has a record, your case was sent to Vermont, and it's currently pending background checks. It definitely won't be in the 5 month time line, but I think really all you can do is keep checking on it? Maybe someone might mention contacting a congressman, but I'd say this will be a long process.

Hello thank you for having time and replying. My fiance has indeed have a record. Actually he is still on Parole now until 2019. But we didn't included that in our Form I-129F. Because they were just asking a certain categories of felony. And his doesn't fall with any of them. I just wish and hope that someone here have or had the same case like ours. So we would know what to do and how to cope with it. Thank you and God Bless.

Something popped up somewhere during the background check that triggered the "alarm" and haulted the process it sounds like.

A lot of times it's having same name/similar name/birth date when it gets run through the system.

Neither of you have any criminal history? Or properly disclosed of them?

Hello, thank you for having a time and replying. Our case though is not yet on the "Interview Stage". Ours is just getting an approval or NOA2 from USCIS. My fiance (USC) have a record and that is probably the reason for Security Check. I was just wondering if maybe some of our co members enlighten me on how we can cope with this. Its very frustrating. Thank you and God Bless.

Welcome to the world of administrative processing, my fiancé went to the interview, was approved they took her finger prints at the time. Was told that her visa would be sent in ten days. That was on June 29th 2016. They never notified us that when they did security check on my fiancé another name similar to hers was red flagged. She contacted them every two weeks after the first month was told the visa was on the way by the next week. A month ago they finally told her about the security check issue, but that it had been resolved and they would contact her soon by email informing her the visa was sent. That was a month ago, and still no visa. I think that administrative processing is where visa's go to die. I hope that is not the case for you but I must tell you that it can take months or even years for them to act. It is my opinion that when they have no reasons to deny a visa but still don't want to approve a visa, they use AP as a way to do it.

What has frustrated us is the lack of information and transparency regarding this matter. From not even informing us of the problem, to telling us for two months that the visa was on its way. We have continued to call send requests for clearification but no response thus far. I wish I could give you hope, but it has truly been a frustrating and futile experience for us. I hope and pray you will not experience the same.

Ben

Hello VJMembers,

Please bare with my long letter. I decided to make a topic here about the letter we received from USCIS. Our case was filed May 16th 2016 and got transferred to Vermont Service Center from California Service Center last August 9th 2016. We called and talked to a Tier 2 agent and we have been advised that our case have been reviewed and done reviewing already and just waiting to be adjudicated. The agent even emailed the adjudicator to know more further about out case. But today we received this email from USCIS stating:

****We have placed your case on a processing hold because the required security checks remain pending. Until we receive the results of these security checks, we cannot move forward on your case. We require the results of security checks before we make a decision on any pending case.

Because of the security checks required in your specific case, normal processing times do not apply. If you have not already been contacted for fingerprinting, you may be contacted in the near future.

We cannot predict when we will receive the results of these security checks. Please be assured that we will make every effort to make a decision in your case as soon as the security checks are complete.

We hope this information is helpful to you.****

Its not really clear on when we can hear from them about that finger printing that they would need from my fiance. Plus isn't it the main reason why we got transferred in the first place? Because they say my fiance's record? I really don't understand what kind more security checks they needed to find out? Please VJMembers, if any of you had the same situation like ours, please let me know what to do and what to expect. They said 'Normal Processing Time" do not apply in our case. That means that even if VSC says within 5 months for I-129F that doesn't mean we can get approval within that timeframe. Please please help us. Thanks all in advance and God Bless...

That has come to my concern too. But I am hoping and praying that it won't be a problem. For the political issues should not influence our interest to reunite and spend our lives with the people we love.

Thank yo for the reply. We already did read the instruction before we filed the I-129F last May. That is why we both know that his past doesn't fall with any categories in the instruction. That is also why we didn't mentioned or wrote them down. Also we met in an online gaming site so it doesn't fall in IMBRA too that's why we checked "NO" for that matter. We are actually buying that idea that maybe, just maybe, they are trying to look further more about his past conviction. I just hope and pray that it won't be too long before we hear from them again. In Jesus name it would be nice if its an approval and not RFE. This is so stressful and its killing me.

I really don't know, sorry. I said before that what I (and others) have noticed about cases that get transferred to VSC it does usually seem to have something to do with IMBRA-- either the type of site you met on, or legal past of the petitioner or anything that someone might thinks warrants a second look. But that is NOT necessarily true, just an observation. And even it if is---it's not a bad thing! It's just a second look, the worst thing that means right now is a bit more time to your timeline. For all we know, they randomly pull a few out of the pile and transfer to VSC to train new people and it's the luck of the draw.

Take another look at pages 2 and 3 of the instructions for I-129f and see if the expanded definitions fit your fiance's past convictions. Even if it does, it's not a "no" for the visa, it's just a waiver needed. Or, again, it could be nothing.

It's possible they want to look into him more for some reason (the issue would most likely be with him or maybe how you met--they look into you at the embassy and during AOS) or it could just be the beginning of CSC and VSC starting to split the work. No real way to know, but if you know of no reason to be concerned about how, there's not much to be concerned about.

Timewise is anyones guess. Because VSC hasn't done many over the past several years, only those transferred, and the date reported is the NOA1 date of the last one theyear processed, that date isn't a good indicator of how fast they're working. Basically, because there's not a lot of recent history, it's hard to tell what's going on there.

Thank you for the reply. My fiance have a previous conviction but it doesn't apply with all conviction that's in the application form that we submitted. There's question there about criminal history about certain category. But his past doesn't match with any Of them. That's why we didn't say or wrote anything about it. Could that be the reason on why we got transferred?

There is nothing wrong with your case. This is a normal processing decision to transfer workload amongst the service centers when workloads become over bearing for a service center.

Here is an entry in VJ in 2013 about case transfers that is an interesting read: http://www.visajourney.com/forums/topic/441796-faq-case-transfers-to-another-service-center/

Also, USCIS gives an explanation and allows you to use there new workload transfer website found here: https://www.uscis.gov/workload-transfers

Thank you so much for the reply. I was just worried about the Processing time date on Vermont Service center. That's why I panicked.

It doesn't mean anything is wrong. I just mentioned that cases that need extra background checks seem to go there but that isn't necessarily the case 100% of the time. I don't think you've got anything to worry about. The date for the processing time is a while ago but that's probably misleading because they don't handle many and they seem to only handle transfers, so that date will be pretty "off".

Don't stress about it, and see if you can find anyone else around the time you applied who was transferred too.

Thank you so much for the reply. I really appreciate it. I did check our visa journey timelines for people that got transferred and its not many of them. There's one recent from India though. They filed February 05th 2016 and got transferred March 16th 2016. They haven't heard from Vermont yet too. They were last active August 12 2016 so I know they are still coming online here on Visa Journey. So they want more background check to my fiance? USC? Because I don't have any record.

I am very anxious to get our letter from USCIS. I really thought that they transferred it to TSC but now that we have the letter. It says there that our case has been transferred to Vermont Service center. The processing dates for I-129F for Vermont was as of January 28th 2016. I don't understand why we have to be transferred in that place. Please does anyone have any idea? I need to understand why. What could be wrong in our case?

For the K1 when we were waiting for NOA2 at TSC from Feb 2015 to Aug 2015, there were Phillipine applicants taking 6+ like the rest of us. Could still be a thing for spouse visas but the OP is a K1 applicant.

We got the letter from USCIS they said they transferred our case to Vermont Service center. Why is that? Is there something wrong with our case?

Has your fiance filed for another K1 before? Or do either of you have any legal issues in your past?

Unless they're re-opening TSC to I-129fs (which is certainly possible), your case may have been transferred to VSC, which anectodally it seems handles cases that are a little more complex for certain reasons. This is just a random guess, and doesn't mean anything bad other than a slightly longer than average processing time, but you're still well within the USCIS-stated 5 months.

Yes thank you so much for the reply. My fiance never filed for anyone in the past. Actually he's been single for 21 years and then we started our relationship 2011. I don't think an age gap would be an issue because it wasn't an issue for us. He is 54 this year and I am 32. He visited twice here in the Philippines and every evidence that we pass seemed to us that it'll prove our bonafide relationship. Anyway, my Fiance vibered me and told me that he gets to talk to an USCIS agent. But the only reason she can tell him was " the reason for transferring our application is to increase efficiency". I also don't know what Service center its been transferred. I'll know more later when he gets home and we talk.

Your case is not delayed, USCIS has 180 days to process a petition.

Transferring petitions from one processing center to another is not new, they have been doing it for years now, Back in 2009 petitions were flying all over the place between processing centers due to not enough officers.

Thank you all so much for all the responses. My fiance just called the USCIS hotline. The only reason she said was "they transferred our case to increase the efficiency". Other than that reason she can't say more. Plus my fiance haven't mentioned if she said which Service center it was transferred. He just vibered me about it. I'll know more when he gets home and we talk.