Singers

I think we should stick to the IMMIGRATION part of this discussion rather than discussing possible sex offenses.

Try to keep your letter factual. Try not to include statements of: I'll be sad/devastated. But I feel he/she is such a good person... They really don't care that much about your feelings. (Harsh as that is..)

The items you listed above are great facts. Stick to those and you should be fine.

I think you have a good grasp on what should be included in your hardship letter. If you haven't already done so, I would go to immigrate2us.net and post it (without identifying information) for their review. They have a lot more experience with this subject on that site.

PS. Just make sure to keep it as UNemotional as possible.

If you have committed any felonious crime, or crime involving moral turpitude, you first I-129F petition will be denied. Hands down. Fact.

Even if you file for a K3, or CR-1. It will fail as well. Your only option is to move there and start a new life.

This would be true if the OP was the non-USC.

This would actual be a jurisdictional matter. (In other words it depends on which state you live in.) It also depends on the severity of the crime. In some states that age difference would land you in jail and on the register.

Misdemeanor sex offenses (which can, depending on the state, include indecent exposure and soliciting a prostitute) can be punishable with community service, probation or jail time. Depending on the jurisdiction, they ALL would still require registering as a sex offender.

Sex offenses do not always constitute rape as my previous examples illustrate.

Does your fiancee know that you are registered sex offender???

what a prize catch....excuse me, but I hope you fail.

The very purpose of the Adam Walsh Act (as it applies here) is to notify an intending immigrant of their sponsers past in order to avoid abuse. If his fiance doesn't know, she will know before long.

Well, I would advise against it only because: If they deem your (spouses) application frivolous, you are denied all avenues to immigrate.

http://' target="_blank">(6) Frivolous applications. - If the Attorney General determines that an alien has knowingly made a frivolous application for asylum and the alien has received the notice under paragraph (4)(A), the alien shall be permanently ineligible for any benefits under this Act, effective as of the date of a final determination on such application.

You would also have to overcome the problem of getting her to the US. Asylum can only be claimed at customs or if in the US within one year of entry.

Then what do you mean? I knew i didnt need it, just re-assurance from these boards is good for a peace of mind.

I'm just saying that these are legal documents that you are signing. We don't know you, we can only go by the facts that we were given. If you left something out (unintentionally) of your story and you should be ticking a question yes, instead of no.... we can't help you with that. By reading and understanding you could save yourself a headache in the long run.

But yes, I do understand the need for reassurance. I was once in the same position as you.

I don't think anyone could really tell you either way. Even if you find one case (which I haven't yet) it is so dependent on the individual facts of each case that you could only draw parallels.

If it were me: I would put in the application (assuming the $$ wouldn't bankrupt me) and know that the worse thing they could say is NO.

You have an uphill battle since the social stigma behind sex offenders is pretty harsh. (I'm sure I don't need to tell you that.) But if you could prove your case, then go for it. Things that would help: Single violation rather than a history. Severity of the crime. Receiving/Completing counseling. A letter of remorse/apology. Letters of character from friends/relatives.

I don't think they asylum option would be available to you.

" the applicant must establish that race, religion, nationality, membership in a particular social group, or political opinion was or will be at least one central reason for persecuting the applicant. "

I can't really see how any of these would apply.

I would chose one address just as a precaution. If you do not receive mail from USCIS that is not their problem and they can deny your case. And they will not forward important documents with mail forwarding. (Keep that in mind while your spouse is moving)

As for living apart... it's not a killer for your case. Couples have adjusted while living in separate states (because of work/school) etc. And you already said your spouse will be moving so it should be fine.

***BUMP***

To put you out of your misery.. No, you do not need the form. You really should try to understand exactly what you are doing/filing. The guides are a great way to start and searching for similar cases to yours would also be helpful. <Not trying to be mean, but these are legal documents that you will be responsible for.>

Hi,

I am planning on having my fiancee file AP along with the AOS. Although I'm pretty sure AP is necessary to travel out of the country and return to the U.S. , the language of the AP instructions is confusing:

"NOTE: If you are in the United States and wish to travel abroad, you do not need to apply for advance parol if both conditions A and B below are met:

A. You are in one of the following non-immigrant categories:

3. K-3, spouse, or K-4, child of a U.S. citizen;

B. A Form I-485, Application to Register Permanent Residence or Adjust Status, was filed on your behald and is pending with USCIS."

Doesn't this sound that for any K-1 visa holder, AP is unnecessary?

Actually you are misreading the "spouse" part. You need to be a K-3 (spouse) to qualify. A K-1 is a SINGLE entry visa while a K-3 is a multiple entry visa.

A K-1 needs advanced parole.

You did not have immigration intent so you will be fine but bring proof that you did plan to go back. A return plane ticket would be fine.

I hope there is more evidence than simply a return ticket - that isn't a very strong tie as sometimes return tickets are cheaper than one way! Other suggestions might be lease, job waiting for you, uni acceptance/classes, etc.

It has been said though, you proved your intent at the border.

Well, the whole intent issue is as the Brits would say "a rather sticky wicket" I only added the "proof of return" as something to keep in mind and be prepared for... though from what all the immigration attorneys/professors I've spoken with, it isn't really brought up at interview. (Also the case in my situation and we did have a secondary inspection at the border.) It is an issue at the border. Once you are in technically you are allowed to "change your mind." ie. decide to get married and stay.

That being said, I would never advise someone to circumvent the system (coming here with the intent of "changing their mind") or to think that it is 100% a non-issue since unlike the rest of the justice system in these cases it is guilty until proven innocent.

Ok. I can't tell you what to say at the interview other than: Tell them the TRUTH. No harm can come from telling the truth.

You will want to remain IN STATUS. That means file your I-130 and your I-485 concurrently before your VWP time is up. You technically can remain beyond the time of your VWP since it will technically be forgiven at interview BUT you do not want to complicate your case further!

Once you file your I-130 forms your status will have changed so you are legally allowed to remain in the country. DO NOT LEAVE THE COUNTRY. You can file for Advanced Parole but they do not have to let you back in even if you get AP.

We adjusted from the VWP. Our situation was even more complicated since we had already started the process and had a K-3 pending when we adjusted.

You should be fine for the interview. We were asked why we adjusted from VWP instead of K-3. We told them why and that was basically it. (Our officer had to get supervisors approval but it was nothing.) If they ask you why, just say exactly why. He passed away, you don't want to be apart... etc. Despite what it feels like most of the time, the officers are people too. They understand things happen and wanting to be there for a loved one when they need you. (Though the whole getting kicked out of the house part sounds dodgy.)

You did not have immigration intent so you will be fine but bring proof that you did plan to go back. A return plane ticket would be fine. (And don't faint but it isn't a 10 year ban. It is a lifetime ban, though it is waiverable. The charge would be misrepresentation.)

I haven't posted in awhile.. but I thought I'd jump in on this.

As for changing the law so that people can wait in the US while they are AOS... That would be great if we were all good people but unfortunately the world isn't full of nice people. From the government's perspective this is the giant worm hole you open up:

A says that he is going to marry B (US Citizen) or is married to B. A is allowed into the country to wait for his paperwork. The US government then realizes A has ulterior motives coming to the US and isn't actually here for the marriage. The US goverment orders A deported. A says: That's nice. But now you have to come get me because I'm not leaving! A then disappears....

Think of the time, money and resources it would take the chase these people down rather than just not having allowed them into the country in the first place.

Unforunately these people spoil it for everyone else.

Anyone have any recommendations for living in the eastside of king county? i'll have a baby and two dogs in tow...

Thanks for the congratulations.

Now just have to wait for the admission boards decision....Somehow waiting for this is easier than waiting for AOS.

I thought they weren't going to be out until January 2nd (like the website says) but it popped up into my email today.

I did better than I thought but not as well as I hoped. (expectations and dreams are two different things) So now I just have to sit tight and pray the admission board (at my ONE school) looks favorably upon my application.

Hello all,

I am wondering if my wife's overstay in USA for 3 and a half months will affect her application for an immigrant visa. Actually, she entered with a visitor's visa and did AOS there. She got all the paperworks. We live in Bali right now but want to move back to USA for some personal reasons. When she left USA she was already a CPR. We filed to remove the conditions in time and she got the 10 years one. We have been married for 5 years. I have been reading the regulation but would like to hear from other people who has the same experience. Thank you for any response.

If she is a green card holder why would she need an immigrant visa?

If you are denied, you would file an in-country waiver. (I-601) This can take many months (over a year) and it is very difficult to obtain an approval.

You would wait in the country and would not have to leave (and shouldn't!!) while you are waiting for a decision.

I wouldn't stress yourself out though worrying about all this. (I know you probably can't help it but try not to.)

I'd like to mourn the passing of my diet today..

It was so ugly, there were cookies and chocolate everywhere! The poor diet raged! raged! against the dying of the light but the poor thing didn't stand a chance. In one fatal blow, it was taken out with a chunk of chocolate fudge followed up with a glass of holiday punch.

I guess that means I'll have to be one of those people that starts the year with a diet resolution....

1. Anybody can get married in the States. It only becomes complicated if they want to stay afterwards.

If they had no intentions of getting married & staying when she crossed the border then she can start the adjustment of status process. There is an onus of proof on them to show she did not intend to stay before she crossed the border.

The most stress-free way is to get married and have her return to Mexico and start the K-3 process.

Hope that helps!

Once you are denied they automatically send that letter. You ARE allowed to remain in the country while you are filing motions, but there are a few "howevers" attached to that. (eg. you are accumulating overstay time, if your motion is denied etc.)

DO NOT LEAVE THE COUNTRY while she is waiting for these motions.