6 hours ago, badwolfxi said:

Thanks for the info... What you two have been through is so unfair but I'm glad you're together now. I don't know if her and I can do the same. we're both almost 30, plan on having kids...

We've already talked about plan B, she's a Filipino working in Qatar and I could easily move to her. But we just don't want to give up plan A until we know for sure if it's AWA.

FYI the law doesn't stipulate age gap just if arrested or convicted of the crime. I would recommend an attorney for advice. The age gap could be discussed in the waiver.

Also, having children before she is here is not recommended.

I appreciate the empathy and wish things were faster for us however, I also understand my previous choices an actions were the cause.

18 minutes ago, badwolfxi said:

When you first heard from vsc how long was it? did they basically just say they require you to send them the documents necessary for an awa waiver?

They did a RFE in the first 4 months and we had like 30 days th to respond this included the waiver request. Then biometrics at 7 months then we received Intent to deny after a few years then we appealed. More Biometrics and another RFE then we were approved in 2016. 

There is no transparency no consistency except if you make 1 mistake in the filing you will get bounced.

My hope is the case is not found to be AWA.

The time period for adjudication is much longer and a lot more information is requested.

Our case took almost 7 years for approval and we used an attorney to handle all filings.

But we were approved.

Yes, expect  RFE because you were arrested.

Provide all court documents that the charges were dropped and there was no conviction.

The timeliness for the RFE response will be a lengthy wait.

Expect to have to appeal the decision and have another lengthy weight.

There is hope.

I was convicted and fell under AWA.

It took us 8 years, 25k in attorney fees, 20 to 25k a year for cost of living in Philippines and my travel there to be with my wife.

She has been in the states since 2016 and last October applied to remove conditions from GC.

Best of luck 

we appreciate the quick responses

My wife came here on a K1 visa and we married. Then filed for her AOS and got a green card (CF-1) a 2 year card

1. Do we follow the I-751 process?

2. With all the delay fears being posted does it help to send sooner or just send so it arrives in the earliest part of the filing window?

3. to confirm the I751 window is 90 days not 6 months as we thought it was.

No advice 

As a petitioner who fell under the AWA it took us 8 years to get a K1 visa. The determining factor is if he can prove he poses no threat to you.

I estimate our legal fees at $24k plus the costs of supporting 2 homes 1 here and 1 there and travel expenses. So well into the 6 figure range.

Once here the AOS went without issues.

Once you get the I29f or c130 are approved the rest of the process to citizenship is normal unless he reoffend or you do something.

4 hours ago, Hank_ said:

My information came from a person that had previously traveled to the Philippines only to be denied entry on a later trip, finding that he had been black listed (before Megan ).

 

 

Very possible, the US was trying to force other countries to track these individuals well before the IML.

But it was my understanding that thise still on the registry were denied access...

Also anyone regardless of registering or not that was there currently and employed or providing a legal living with themselves wss allowed to remain unless they got in trouble. I know a few still living there with their families.

AWA has not prevented me from entering and returning 4 times a year since 2008, not sure were you got your information.

I do believe the black list began with US putting pressure on tracking individuals that are or were currently registering.

The Megan's Law requires those registering to have their passports marked.

Hence designation RSO registered sex offender, SO sex offender that isn't required to register for whatever reason.

But back on track to the topic.

I do not know but starting at her local baranguy may be a start.

Until your passport is clear of the mark for registered sex offenders you will be blacklisted from countries bullied by the United States. (Albeit bullied with good intentions)

Your passport is marked until the Supreme Court overturns the law(which has a good chance but not a guarantee) or you are removed from the Sex Offender Registery.

You will always fall under the AWA unless the law is resended or you receive a full pardon and your record expunged.

There are many SO who no longer register living abroad in countries black listing RSOs.

The government is prevented from sharing a person's detailed criminal record to other countries with the exception of international crimes. Hence the mark on the passport of RSOs.

The intention of the law was to allow the US government track these individuals not hinder their travel. However,  the US government wanted other countries to track or allow our law enforcement authority to track within their country,  which any sane country would consider ludicrous. Hence people were black listed and the weakness of the law.

If you previously lived in the Philippines or your spouse is there you can petition the Philippine Government for conditional entry to be reviewed on your merits. While the Philippine Government may seem confusing to us and currently aggressive towards criminals they are much more family oriented and willing to give a person a chance to move forward with their lives. The Philippine people are emotional and will not forget but they will allow forgiveness.

Not sure about your success for bringing her here if you were deemed a predator (My apologies if that is not the case) or have to register for life.

My Attorney was Nicklaus Misiti.

I do recommend him and he can be pricey but he will be upfront with you regarding your chances.

Not impossible just takes years, a decent attorney and money.

I am a former SO who no longer registers as of 2007.

Took us 8 years for a k1 visa and 1 year 2 months for the green card. We started the process in 2008 and the costs Approximate $12k in attorney fees.

This doesn't include 4 trips to Philippines a year and cost of maintaining a home there during this period of time

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.

Thats the choice you need to make before moving forward.

Also to clarify 

The USCIS statement that it has intentionally stalled the adjudication has opened themselves up to arbitration before the supreme court most AWA lawyers see this as the reason USCIS declines transparency of statistics and going forward beyond 2014 more cases are being approved. I would argue and my attorney and many others that anyone not deemed a predator will have success with a petition if taken BIA or beyond. The reason being USCIS does not want a SCOTUS ruling that would nullify the actions taken by the department outside the scope of the law nor does the DOJ in fear of losing billions of tax payer money from the federal government.

I have not denied the facts of cost out of pocket was  $20k and I was prepared for at least 1 run through court system which could have cost $20k.

But it is strange practice of USCIS to deny deny deny until it the verge of going to court. Seems to me there sense of protection faulters..

1 hour ago, Redheadguy03 said:

I know some on here have had success. I remember one member said it took 8 years and 20,000 dollars. 

 

Good luck! 

That was me.

There RSO who live abroad and There was out option if denied.

The waiting is painful and unless you have the means to travel and be together part ofnthe time.

The attorney/legal fees were only part of the monetary costs. There was the cost of maintaining a home here and overseas,  the cost of living for my wife,  the cost to travel overseas 4 times a year. 

It is hard emotionally but you must be patient. 

I will politely disagree with FF in that the immigration policies of the AWA were added later and poorly at that. The stated intention of the law was a political move by fear mongering politicians. As stated previously this is not forum for that discussion.

The law is in place and must be worked through which can be achievable unless you are deemed a threat as a predator. (Most people do not realize there are tier 2 offenders that are not considered  predators) 

If you are not a predator registering every 90 days then there is hope albeit expensive.

My state did not retroactively enact the law nor did it adopt the law until I finished registering.

Regarding remaining in the states during adjudication it is typically during the entire process but you should really work with an attorney for clarification.

Just like the I131 travel document that allows international traveling while waiting for a green card it clearly states there is no guarantee reentry to the USA; it is at the discretion of the customs upon requesting reentry however it does prevent USCIS from declaring you abandoned the petition.

I am willing to answer specific question if I am able to do so.

If I have previously relayed our story.

Just say my past is not good and yes the AWA applied.

While I am not wealthy my work has allowed us to fight the failed AWA law.

(That's another topic to be discussed on appropriate forums)

FYI

We filed using a fiance visa so she lived in the Philippines for those 8 years and I maitlntsined a home there and here during that time.

I have heard it is easier filing for a married visa. Also, that if someone his currently here legally they can file for changr in status anf remain in the states during the adjudication process. Once a visa is approved a I131 travel document can be given while awaiting a green card. This would allow her to travel home and return.

We had success using an attorney. It wasnt easy and it took 8 years. Speak with an experienced AWA attorney.

If she is good to.marry you then marry do not lwt her leave the country as you petition for the change in status cr1 (I think) during the adjudication she should be allowed to remain in the states.

My attorney fees were about $20k all together and I had to do most leg work for the required evidence.

I just found this and it applies because our fiances were nonresident Aliens that are here now but when arriving did not meet the resident alien tests.

Determining Alien Tax Status

If you are an alien (not a U.S. citizen), you are considered a nonresident alien unless you meet one of two tests. You are a resident alien of the United States for tax purposes if you meet either the green card test or the substantial presence test for the calendar year (January 1-December 31).

In regards to coverage

Humana allowed Joy to be covered after we were married; had we been married in the Philippines with her there then she would have coverage.

However, my premiums would have went up to $400 a month and she would not have access to any medical provider accepting our insurance.

I am not sure about the Marketplace in regards when they cover people.

call me slow..

I am doing our taxes and have run into the siilar issue as the OP.

She arrived in June 22 of 2016 on a K1 visa and was insured beginning of July on my employers insurance

I have searched Market place to the IRS .gov and cannot find a specific exemption for her for the first 6 months.

Any guidance to where I need to look or what I need to do would be appreciated.

We filed for a I129f in 2009

Using an attorney we submitted what was requested and eventually recieved after 2 years a Request for Evidence

After the RFE was submitted we were denied after another almost 2 years

We appealed and after another 2 years we won the appeal

as of 3/2/16 they have sent the paper work to the NVC.