beautiful_hope

Hi how is your case going now ? pls keep us posted. Thanks !

Dear All,

This week my fiance has received the police report that says he is out of sex offender website. Is it helpful for our case later?

Hello.

Yes, ACLU challenges Adam Waksh Act for the number of provisions, but the prosess is slow by all means and there is no results yet. I would try to contact them, just to see what they will say. How? Google should help find contact info.

We were denied due to AWA as well. We reaplied. We are married - you are not, but I don't see the principal difference why you could not reaply as well.

Dont forget the froof of completion of the therapy!!!!! That is your #1 document!!!!!

Yes, letters from ex family, employer, your relatives will help too! With AWA there not such thing as "unimportant" document. Anything which hints on his positive character helps. Pictures of you happy together - not that much, but why not to add them too?

Does he volunteer anywhere? On the interview we were asked that too.

Appeal is pointless.

Find a lawyer to handle your proof of him not being a threat to you!!!

Good luck.

Hi there,

Thank you for your email

My fiance has talked with the lawyer and he advised to resubmit k1 visa. However we should wait 3 months until appeal period then we can resubmit again. This time we will hire a lawyer so he can help to handle the proof of him not being thread to me. We were denied becase of lacking councelling document. Now i understand this is number 1 important. Would you mind telling me why your case were denied?

Hi all,

I heard tier 1 sex offender can be reduced in 10 years if during this time they aren't convicted any other sex crimes. Is it true? This is 10 years since my fiance has registered of sex offender. During this time, my fiance hasn't been convicted any other sex crimes. I think my fiance can ask the court to remove him out of sex offender but not sure if it can work. If it happens, our case might be more positive? Please advise me?

THANK YOU FOR YOUR ENCOURAGEMENT GUYS. YOU'RE STRENGTHEN ME. OF COURSE, WE'RE NOT GOING TO GIVE IT UP. WE WILL BE FIGHTING AND FIGHTING . I WILL KEEP YOU UPDATED ABOUT OUR CASE. AGAIN THANK YOU.

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 !

ALSO USCIS SAID THAT THEY HAD SUFFICIENT EVIDENCES OF MY FIANCE'S CHARACTORS

But they said my fiance didn't prove himself post no risk to me? Please tell me what to do so they can see that he posts no risk to me?

ALSO USCIS SAID THAT THEY HAD SUFFICIENT EVIDENCES OF MY FIANCE'S CHARACTORS

Just to err toward the side of mainstream caution here -- I certainly don't know you or your fiancé, so I wont pass judgement -- but his litany of prior offenses and convictions clearly has tipped the scales out of your favor.

Others that know more of the consulate in Vietnam may be able to offer more of a local perspective, but any mix of sexually-oriented child exploitation and alcohol-related convictions is a tremendous strike against you. I could be wrong, but I don't imagine the ACLU or appeals process would be of much avail.

It's difficult, but look at it this way -- in many states a child pornography conviction is a Class I felony. Which means your fiancé is a convicted felon. Which means he has no particular rights to appeal.

And even if that is not literally the case the USCIS is forced to make a character judgement at times and infer from the background of the Petitioner and Beneficiary certain patterns that may or may not indicate a potential for fraudulence or future issues. It is not difficult to connect those dots...conviction for sex crimes...conviction for alcohol abuse...finds girl in Asia...possible exploitation, human trafficking, or related problems.

It's a sticky situation. You by all means can attempt to appeal, but I wouldn't get too hopeful. I'd rarely say a skilled immigration attorney is in order, but if there ever was a time this'd be it.

Good luck. Keep us posted.

they sent us a notice of deny and explained how they denied us. They mentioned they we could appeal in 30 days frm the day we received the letter. Well, my fiance dowloaded child porns off the internet and plead guilty. He never touchs or abuse any child. His son spends time with him at the weekend, i know he isn't danger to his son and i have had good relationship with his son. He got evaluation from therapy that defintely he's just social drinker now. The main reason that ucsic denied us just because we lack document of 3 years of counselling that we should have submited from the beginning. My fiance's a good employee wtih good performance and never receive any complaints about abuse or violence. We will try to get some free advices from lawyers. It's so expensive to hire a good immigrant lawyer.. We can fill an appeal by our own. I dont know if it can work but we will try

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 !

THANK YOU. I WILL PASS THIS TO MY FIANCE !!!

That will help alot. However, you never indicated if this was reported on the 129-F. Thats important.

Sorry, we didn't report on I-129F since we don't know it's adam walsh act" speficific crime against with minor" because my fiance hasn't abused any minor. He visisted me 2 times. Should we attach more our photos on his 2nd trip as we have celebrated traditional ceremory for this appeal, so they can see we come from real love, not fraud. I know VietNam is well-known for fraud. But we love each other so truly and deeply. Should we get more letters? letter from his son and from his ex wife? Is it help?

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.

SORRY GUYS I MEAN MY FIANCE HAD COMPLETED OF 3 YEARS COUNSELLING BUT WE DIDN'T SUBMIT IT. HE WAS ATTENDING THE CLASS WITH THE THERAPIST WHO EVALUATED HIM TO BE EXTREME LOW RISK TO ME.

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

Dear All,

I gonna cry inside so much. I found the my fiance falls under AWA. 10 years ago, he downloaded many kind of underage child porngraphy. He was convicted 2002 and he will be out of the sex offense list one more year.The charge for that was complete. He tolly rehabilitate now. He's got 2 kids and he treats them so well. Besides, he got 2.D.U.I. I'm really so worried. After 4 months since NOA1, we received biomtrics app. I know that our case processing will delay longer . I found some cases which are similiar as us that the processing has been lasting in 1 year without receiving NOA2.

I know it's a hard battle for us right now. All we can do is to get over the problem and won't be scared AWA. But I'm still scared of it. I have cried all the time. I don't know what to do. Do we need to wait until they finish the result of fingerprint and send us RFE OR NOID? Or during this time, we can submit of evidene rehabilititon? Is it ok? Should we hire an Immigrant attorney? It's so hard to look for a lawyer who knows about AWA clearly?

The US Immigrant gonna give us hard tough. That is a very rough challenge. Should my fiance contact with Congressman or Senator to get thier advices in this case? Pls help me out! I'm so melancholy right now. We have been waiting so long since our meetin in person. Right now, I'm unemployed. I feel the word is turning back on me. .

Thanks and sharing my story. Good luck to all!

Tanni

sorry about the biometrics. IMO, will delay case processing a few months, at USCIS.

Dear all,

Thanks for your helpfull advices. All I can do now is waiting and patient.

But his criminal background isn't not on the list of I-129F instructions form and do need a waiver.

Yeah, you are right. The biomtrics will delay the case longer than we expect. I don't know how long, maybe a year or so.

No matter how long it is, I still wait and I hope everything will go through.

BTW, I'm still so happy to make new friends here and found many helpful guides.

Thanks and best wishes to all of you

Tanni

Hard to say without knowing what it is that he had a problem with in the past.

You should be aware that the HCMC consulate is a very tough one. As Kevin and Tuyen said, continue to build and grow your relationship.

Right now he should focus in the RFE with the USCIS and get past that.

Have you had an engagement ceremony? Two visits is doable but may be very difficult. If it is possible for him to slip in another visit and have an engagement ceremony it would definately strengthed your case at HCMC for interview time.

Good Luck and Best Wishes!

Yes, you are right. HCM Consulate is a very tough one. A lot of couples have got blue slip for the interview .

Actually, we celebrated my birthday along with my engagement party because my fiance had limited time in VN. Also, I wanted to save money for him. But the one of the most problem is that we didnt celebrated it as culture VN tradition. I'm afraid that Consulate will make it hard. But we have a faith. No matter what happens, we won't give it up.

Thanks and best wishes

Tanni

Keep building your relationship.

Good luck!

Hi Kevin and Tuyen,

Thanks for your advice. No matter what happens, we will try to get over the diffculties.

Hi all,

I'm new memeber on VJ. It's so nice to make friends here.

I found that VJ is so helpful to people. I have one question as the below:

I met my fiance on the matching webisite 3 years ago. He came to Vietnam to see me one times and gonna make plan to visist me when I'm scheduled for the interview. But I have no idea when it is. On May-28-2010, my fiance received the RFE that he was told to be presented at biometrics screeing on June-03. And he was done that yesterday ( fingerprint and handwriting sample) I think the reason that he had to go there because of his criminal background. But we read on I-129F Instruction form, my fiance isn't on the list of violent criminal and there's nothing of his background. So we have no idea how long they will approve or cancel. It makes me really worried. Is there any case as similiar as us? Or anyone give me advices?

We are looking forward to getting your replies.

Thank you so much and best regards,

Tanni