Sex Offender Applying for K1

[Anastassia 0]

It’s also crazy I can marry and live with any US citizen, but am not allowed to bring my wife from another country home.

I don't have any knowledge how to deal with such situation. I came across this post just surfing around and I have to say I really feel for you guys.

It's absolutely ridiculous to condemn somebody for life for such a silly thing.

Best of luck to you guys.

[Andy312 0]

I'm glad to see those of you who are participating in this chat thread....

sfninerboy,

I am curious how many others are in the same situation. I have read past reports that stated that close to 500 registered sex offenders filed petitions per year in years past and the RSO status played no factor in the approval/denial; I guess this help spur the law. I also know first hand that a lot of these laws do more actual bad than good, and often are more for political gain and kudos.

In my own situation I know I am no danger to anyone. I love my wife with all my heart, and treat her with nothing but love and respect. I am the luckiest man alive to have a second chance at love with her and would never do anything to risk this. But, here we are at almost 2 years since we filed and still no answer from USCIS and their are indications it could go on for 1 or more years easy. Our whole life is upside down, I have lost birthdays, Christmases, anniversaries, and other precious time with my wife that I will never get back. My income is in the toilet because I have stretched my money to be able to spend several months a year over seas just to have as much time as possible with her. My parents are heart broke to see their son go through this and only get to see their new daughter on a computer screen and hear on a phone.

I feel the way the law is being used is not right and has to rob me of some constitutional right. I have considered trying the ACLU, but right now I have not been denied, simply in processing limbo for 1 3/4 years. I also think it’s bogus that I will need to supply them all the files and records from my criminal case in the past. I have done my time, went through therapy and treatment, and now live a clean law abiding life for many years. It’s like I will be tried for my case again, only this time the verdict will not put me in jail or probation, it will determine if I will be allowed the love of my life to join me here or if I need to say good bye to the country I was once was so proud of.

Sorry for the rant,

Good luck to your friend

[Dakine 26]

I'm glad to see those of you who are participating in this chat thread....

sfninerboy,

I am curious how many others are in the same situation. I have read past reports that stated that close to 500 registered sex offenders filed petitions per year in years past and the RSO status played no factor in the approval/denial; I guess this help spur the law. I also know first hand that a lot of these laws do more actual bad than good, and often are more for political gain and kudos.

In my own situation I know I am no danger to anyone. I love my wife with all my heart, and treat her with nothing but love and respect. I am the luckiest man alive to have a second chance at love with her and would never do anything to risk this. But, here we are at almost 2 years since we filed and still no answer from USCIS and their are indications it could go on for 1 or more years easy. Our whole life is upside down, I have lost birthdays, Christmases, anniversaries, and other precious time with my wife that I will never get back. My income is in the toilet because I have stretched my money to be able to spend several months a year over seas just to have as much time as possible with her. My parents are heart broke to see their son go through this and only get to see their new daughter on a computer screen and hear on a phone.

I feel the way the law is being used is not right and has to rob me of some constitutional right. I have considered trying the ACLU, but right now I have not been denied, simply in processing limbo for 1 3/4 years. I also think it’s bogus that I will need to supply them all the files and records from my criminal case in the past. I have done my time, went through therapy and treatment, and now live a clean law abiding life for many years. It’s like I will be tried for my case again, only this time the verdict will not put me in jail or probation, it will determine if I will be allowed the love of my life to join me here or if I need to say good bye to the country I was once was so proud of.

Sorry for the rant,

Good luck to your friend

Don't know what country your love lives in, but the way the economy is going in the US you guys may be better off there!

Who knows? There "may' be a good reason for everything!!!

[archie07 0]

Comprehensive Breakdown of HR 4472, the AWA

Title I: Sex Offender Registration and Notification Act

Sec. 111: Establishes a three tiered classification system for sex offenders

Tier I: A sex offender other than a Tier II or Tier III

Tier II: A sex offender, not a Tier III, convicted of a felony charge or attempt to commit sex

trafficking, coercion and enticement, transportation with intent to engage in criminal sexual

activity, or abusive sexual contact; if it involves use of a minor in a sexual performance,

solicitation of a minor to practice prostitution, or, production or distribution of child porn; or

any sex offense committed after a person is labeled a Tier I offender.

Tier III: A felony sex offender convicted of aggravated sexual abuse or sexual abuse, or

abusive sexual contact of a minor under age 13; non-custodial kidnapping; or any sex

offense committed after the person becomes a Tier II offender.

Sec. 111-5-C: Consensual sexual conduct is not listed as a sex offense if the victim was at least 13

and the offender is not more than 4 years older than the victim.

Sec. 113-e: All states must make failure to register a felony offense

Sec. 115: Establishes duration of Registration Requirement

Tier I: 15 years, can appeal for removal after 10 years or reduction after 5 years

Tier II: 25 years

Tier III: Life, can appeal for removal or reduction after 25 years

Sec. 120: Establishes a National Sex Offender Registry

Sec. 125: If a state fails to comply, they lose 10% of their federal grant money for crime fighting

Sec. 130-131: The NCMEC and law enforcement agencies are immune from liabilities when acting

in “Good Faith Conduct.”

Subtitle B, sec. 141-146: Federal involvement in sex crime cases; US Marshals given Jurisdiction;

“Project Safe Childhood” implementing or expanding tasks forces targeting sex crimes

Subtitle C, Sec. 151-155: Mandatory background checks before allowing persons to adopt or work

around children, including DNA

[MrsRowe 2]

I understand that this may not be the most popular take but i have to say this. As a victim of sexual assault, i say denial of immigration benefits is absolutely fair. Each case should be handled carefully though and treated on a case by case basis. This might be a minor case to the person convicted of this problem but you should wonder if it is indeed minor to the other person. A 19 year old having sex with a 16 year old seems wrong to me. IF you do not see it as wrong, then maybe you are not rehabilitated. This may seem harsh to you but that is how i feel as a victim of sexual assault.

[pushbrk 12,881]

I understand that this may not be the most popular take but i have to say this. As a victim of sexual assault, i say denial of immigration benefits is absolutely fair. Each case should be handled carefully though and treated on a case by case basis. This might be a minor case to the person convicted of this problem but you should wonder if it is indeed minor to the other person. A 19 year old having sex with a 16 year old seems wrong to me. IF you do not see it as wrong, then maybe you are not rehabilitated. This may seem harsh to you but that is how i feel as a victim of sexual assault.

The purpose of this forum does not include making or discussing moral judgments. Please remain on topic.

[ShadMot 1]

This might be a minor case to the person convicted of this problem but you should wonder if it is indeed minor to the other person.

We still kept in contact for years after I was convicted. She has repeatedly told me on many occasions that she never felt like a victim and hated how she was referred to as "victim" in the police reports.

A 19 year old having sex with a 16 year old seems wrong to me. IF you do not see it as wrong, then maybe you are not rehabilitated.

The majority of US states set the age of consent at 16. Meaning in most states, I could never have even been charged. I do live in certainly one of the most strictest states where the age of consent is 18 and even a one day age difference between an 18 year old and a 17 year 364 day old can still be charged as a felony. There are many cases of prosecution of under 1 year age difference in my state. My state also has many cases where there are 2 teenagers both aged 16 years old and both would be charged with having sex with a minor. Perhaps you agree with what my state is doing. Others might not.

But anyways, I have natural rehabilitation. Meaning I reached a certain age where I was no longer interested in 16 year olds.

This may seem harsh to you but that is how i feel as a victim of sexual assault.

I'm assuming your sexual assault was much more severe than what I described. I'm truly sorry with what you must have gone through and understand that it must have been a traumatic experience for you. And hope that you were able to get past it and build yourself to be a strong person today. But are you simply trying to group me together with your perpetrator and just view me as him?

Edited August 7, 2008 by ShadMot

[n00b 0]

This might be a minor case to the person convicted of this problem but you should wonder if it is indeed minor to the other person.

We still kept in contact for years after I was convicted. She has repeatedly told me on many occasions that she never felt like a victim and hated how she was referred to as "victim" in the police reports.

A 19 year old having sex with a 16 year old seems wrong to me. IF you do not see it as wrong, then maybe you are not rehabilitated.

The majority of US states set the age of consent at 16. Meaning in most states, I could never have even been charged. I do live in certainly one of the most strictest states where the age of consent is 18 and even a one day age difference between an 18 year old and a 17 year 364 day old can still be charged as a felony. There are many cases of prosecution of under 1 year age difference in my state. My state also has many cases where there are 2 teenagers both aged 16 years old and both would be charged with having sex with a minor. Perhaps you agree with what my state is doing. Others might not.

But anyways, I have natural rehabilitation. Meaning I reached a certain age where I was no longer interested in 16 year olds.

This may seem harsh to you but that is how i feel as a victim of sexual assault.

I'm assuming your sexual assault was much more severe than what I described. I'm truly sorry with what you must have gone through and understand that it must have been a traumatic experience for you. And hope that you were able to get past it and build yourself to be a strong person today. But are you simply trying to group me together with your perpetrator and just view me as him?

I have the same problem, i have to register as a sex offender for having a relationship with a girl slightly underage (she lied about her age) i was 18 or 19 at the time, she said she was 17, and lied, but anyways here i am

I wanted to see if any of you have got a K1 through yet? or if you have jumped through all the hoops to make it happen? it says homeland security has to approve, have they actually approved anyone?? any example cases to go by? Before i try a k1 i need to know

[lostinblue 1,989]

I understand that this may not be the most popular take but i have to say this. As a victim of sexual assault, i say denial of immigration benefits is absolutely fair. Each case should be handled carefully though and treated on a case by case basis. This might be a minor case to the person convicted of this problem but you should wonder if it is indeed minor to the other person. A 19 year old having sex with a 16 year old seems wrong to me. IF you do not see it as wrong, then maybe you are not rehabilitated. This may seem harsh to you but that is how i feel as a victim of sexual assault.

From what I understand you are saying is this person should NEVER have a relationship with a woman EVER until the day he dies........What is the difference .....someone next door or down the street or in another country.

[broma25 2]

In the UK the age of sexual consent is 16. When I listen to USC talk about sex with a minor when the minor is 16 (I know that is a minor here) its difficult to comprehend.

I do not think that men who have had sexual encounters with WILLING 16/17 year olds should be on a sex offenders list. 16 year old girls will be 16 year old girls.....they think they know it all!!! And I speak from experience.

[n00b 0]

bump

Anyone that has to register as a sex offender got a K1 through with success? even with a lawyer? I would like to know if their is any chance.

[archie07 0]

The laws are changing. Many states are changing the legal consensual age to 16. It may be worth your while to consult an attorney to see whether you can petition the court to have your name removed from the sex offenders list. I have no idea what impact it would have on immigration but at least your name might be off the list.

[n00b 0]

trust me i've tried that route , it still breaks a state law, i just need to seriously know if anyone, has been successful , if so its worth my time to try it, and hire a lawyer. If not, then i should just go there and see if i can live there, and forget the usa

[Carlawarla 1]

trust me i've tried that route , it still breaks a state law, i just need to seriously know if anyone, has been successful , if so its worth my time to try it, and hire a lawyer. If not, then i should just go there and see if i can live there, and forget the usa

I don't know if anyone has been successful YET. However things and time may change that. Maybe you could go live there and if things change here, you could apply for DCF back to the US.

[msu17 0]

Sec. 111-5-C: Consensual sexual conduct is not listed as a sex offense if the victim was at least 13

and the offender is not more than 4 years older than the victim.

Wouldn't that preclude you from having major issues with immigration? Sorry if I'm not getting it, but it states in the AWA that your situation is not listed as a sex offense.

And come on, who can have an issue with a 16 and a 19 year old getting it on? It suddenly becomes ok when they are 18 and 21? w/e