Sex Offender K1 ??

[n00b 0]

Before everyone tears me apart, hear my story. When i was 19 years old i met a girl (i live in the usa) that told me she was 17 we dated 6 months, had a normal relationship, she lived in the next state over (florida) , i live in alabama. I visited her and her family often, after 6 months i met her step dad for the first time, told him my name and age, he said nothing much . The next day the police were at my door, guess what? she was 15 yrs old, i get charged. They had letters she had wrote to friends about being with me, in alabama (my house) and her house (florida) , i tried to fight it but took a plea deal for 3 months bootcamp, probation, etc, all that is done an over with years ago. She admitted to the court that she had consensual sex with me (thinking that made it ok) but its against state laws, anyways, in alabama i have a rape 2 charge (consensual sex with a minor) and the same in florida (same girl, because she lived in florida, i got both charges under different names)

Lets move to present day, i am 27 years old , i fell in love with a beautiful women in the Philippines, she knows about what happened and understands. I have read where a K1 can be delayed forever, even if we are both adults, and she knows about it? is that true? Will they deny me? I read about a guy with the same problem, married there and waited 2 years, and drained his money with a legal battle trying to get his adult wife here.

What should i do>?

I was approved for a visa (dont know if that makes a difference)

Edited August 7, 2008 by n00b

[Fred N Emilia 0]

Hire an attorney or lawyer, they can give you the advice you will need.

[MichelleN 0]

I was under the impression on only the beneficiary's criminal record was what mattered. Perhaps someone with a more definite answer can back me up on that.

[n00b 0]

I honestly don't see how this law should effect me, because she is an adult that i want to petition , we have no children. I see no reason they should deny it? (in my view) I haven't went to her country yet, but i was debating on weather to marry there or try to get her here (if i even want to do that at this point) . But maybe my question should be, has anyone ( i mean anyone) that was a sex offender (even for stupid stuff ) had success with a K1

[Devkpaik 1]

I honestly don't see how this law should effect me, because she is an adult that i want to petition , we have no children. I see no reason they should deny it? (in my view) I haven't went to her country yet, but i was debating on weather to marry there or try to get her here (if i even want to do that at this point) . But maybe my question should be, has anyone ( i mean anyone) that was a sex offender (even for stupid stuff ) had success with a K1

Here's a link to pretty much the same post as yours.

There might be some information there that may assist you.

Good luck.

http://www.visajourney.com/forums/index.php?showtopic=138175

[n00b 0]

I read that, but it honestly did not provide much guidance, if i marry there, and come back here, could they deny my wife to enter the country? I dont think our country can put you in "limbo" forever , i plan to go there visit, and return, apply as normal, and i will wait and follow process. If it fails me, then i will leave this country and not return

[MichelleN 0]

I read that, but it honestly did not provide much guidance, if i marry there, and come back here, could they deny my wife to enter the country? I dont think our country can put you in "limbo" forever , i plan to go there visit, and return, apply as normal, and i will wait and follow process. If it fails me, then i will leave this country and not return

I read through the thread and it seems very likely that you could be denied a K3 visa for your wife and thus she'd be denied entry. What I gather from that thread is, go ahead and apply but be prepared for an uphill battle.

[pushbrk 12,569]

I read that, but it honestly did not provide much guidance, if i marry there, and come back here, could they deny my wife to enter the country? I dont think our country can put you in "limbo" forever , i plan to go there visit, and return, apply as normal, and i will wait and follow process. If it fails me, then i will leave this country and not return

I read through the thread and it seems very likely that you could be denied a K3 visa for your wife and thus she'd be denied entry. What I gather from that thread is, go ahead and apply but be prepared for an uphill battle.

You're going to need a good attorney. Be prepared for difficulty and delay, at best.

[n00b 0]

what about a PRE-ARRANGED EMPLOYMENT VISA ?? if i could find someone here with a business to petition for her to work? and once she gets here, we marry then what would happen

[pushbrk 12,569]

what about a PRE-ARRANGED EMPLOYMENT VISA ?? if i could find someone here with a business to petition for her to work? and once she gets here, we marry then what would happen

In all likelyhood, you would adjust status successfully unless it was a visa to be a nanny.

Edited August 8, 2008 by pushbrk

[t0+ 1]

what about a PRE-ARRANGED EMPLOYMENT VISA ?? if i could find someone here with a business to petition for her to work? and once she gets here, we marry then what would happen

In all likelyhood, you would adjust status successfully unless it was a visa to be a nanny.

Since, the adjustment of status is based on marriage, wouldn't he still need to file an I-130 along with the I-485? In theory, the I-130 approval would get held up in adjudication because of AWA. Unless they adjudicate differently for Adjustement of Status.

[pushbrk 12,569]

what about a PRE-ARRANGED EMPLOYMENT VISA ?? if i could find someone here with a business to petition for her to work? and once she gets here, we marry then what would happen

In all likelyhood, you would adjust status successfully unless it was a visa to be a nanny.

Since, the adjustment of status is based on marriage, wouldn't he still need to file an I-130 along with the I-485? In theory, the I-130 approval would get held up in adjudication because of AWA. Unless they adjudicate differently for Adjustement of Status.

They do, because she's already here and married. Just being married isn't enough unless already here.

They don't deport spouses of US Citizens based on the USC's former crimes.

[Chica Yeyé 41]

what about a PRE-ARRANGED EMPLOYMENT VISA ?? if i could find someone here with a business to petition for her to work? and once she gets here, we marry then what would happen

In all likelyhood, you would adjust status successfully unless it was a visa to be a nanny.

But wouldn't doing that constitute visa fraud? Coming in on another visa with the INTENTION to get married? Slippery and dangerous legal territory I think. Your case is complicated as is; why add to the mix?

[archie07 0]

Comprehensive Breakdown of HR 4472, the AWA

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.

Would this mean some are exempt from the AWA?

[n00b 0]

I would like to just see one sucessful K1 , where a sex offender made all the requirements, proved they were a good person/not a threat etc And they accepted it. Even if its a hard road, i am willing to fight it in court, if it takes that. But per the adam walsh law, it states if someone proves they are not a threat, went to council, etc that the department of homeland security has to review it and make a decision? Has this happened before?

Trust me, i want to follow the law, but the laws are making it impossible to be with the person i love. We are both adults with no children i see no reason they should care?