Not sure if mine will be Adam Walsh or not

[kylejb 0]

Ok, I posted on one of the other sections, but I will start my track here.

If you want to judge me, then go ahead.. I KNOW the facts, I KNOW what happend.

16 years ago I went thru a bitter divorce. My evil (there are other words) x claimed I "touched" her daughter. I did not. Anyways, we went to trial for it and I had to testify as well as her and her daughter. I can provide ACTUAL facts of the case, which I have court transcripts for, so I can always scan those and post them if there are doubters..

Anyways, I had already spent about 40k on the divorce. The girl was a step daughter. I had 2 boys, ages 3 and 5 that I was fighting for custody. WHICH I GOT. Exactly one week after the divorce was final, I had to go to court for this. My attorney told me that he could make it all go away if I took probation, do that, then I would not have ANY CONVICTIONS on my record. So, being 40k in the whole, lost one job already, filed bankruptacy, I needed to protect my 2 boys so that I would not lose them. I chose this path. I wish now I had not, but can't change it now.

So, after the probation went without incident, I did a records check on myself, it says on the paper, NO CONVICTIONS. So great, no problem. I am NOT on any list for any state, nor any nationwide lists. Again, I have a paper from my state, with the state seal on it, saying no convictions. I even looked up the definition in the law books and it states that my record is closed, and there are NO CONVICTIONS under my name. I even did a records check last week on myself, and same results. No issues.

So, fast forward to today, 16 years later. My oldest son is 21, and the other is 19. 19 year old lives with me still. 21 does not. I have never had any problems with anything, no jobs, no lists, no nothing.

I met a girl last year, fell in love. We both wanted to get the K1. So, hired an attorney, filled out the paper work, sent it in. So far so good. Now, you must remember, in my mind and from what I see on the paper that I have, and all the checks I have done, I am going by what the STATE ENTERED IN. NO CONVICTIONS.

So when I filled out the paper work, I related everything to a conviction. It does not ask if I was ever on probation. It does not ask if I was ever arrested. It asks about convictions. I also read the statement (whether right or wrong) about the revealing if your record was sealed or expunged as it related to convictions. Maybe I was wrong, I don't know. So I thought it meant, did I have my record sealed. I thought it meant a CONVICTED record... again, hopefully I was not wrong in my thinking.

Just sent in the paper work last week. Right now it says it was last touched yesterday. It says pending and in review. Like a normal case from what I can tell. I am wondering if they will "flag" anything since from my belief, and what the state entered in, and according to the law books for my state, that I have not been convicted. So, will the USCIS say, "oh yes you have!" I don't know. How could it be that the state does NOT regard me as convicted, but the USCIS would? Now again, I don't know if they will or not. I have no other updates than what I said. It was last touched yesterday. I am wondering how long it takes before I would get a notice? How long is normal before it gets flagged? I thought I had read that when they process the K1, that if it is not getting TOUCHED alot, then it is fine. I don't know. Can anyone give FACTS?

Also, if I get an RFE, and then I gather all my documentation, is it going to help? Has there been ANY cases gone thru with approval? Does anyone know this as a FACT?

I don't understand how one person, the reviewer, can decide that I would be a "risk" to my financee when heshe doesn't even know me, doesn't know my financee, and has never spoken to either of us. Again, will I even get an opportunity? Is the opportunity just a show? And it will be denied no matter what?

My financee knows about all of this. She is willing to write a letter and sign it. I will take whatever tests, see whatever doctors I need to, to PROVE I am not what the USCIS might think I am. Yes, I wish I would have fought it. But after almost 2 years of living hell, bankruptacy, losing a job, I DID NOT WANT TO LOSE MY KIDS. How often does a MAN in the US get custody of their children, especially when they have a serious charge like this hanging over their head? Again, when I got custody, there was still a charge pending! Wouldn't it be a good thing to get a face to face interview with both of us?

I will really appreciate any GOOD feedback. If you have FACTS or suggestions about what to really do, please post them. If you want to name call me, then please just ignore my post.

I pray all the time about this. I know there might be others that don't believe in that either, that is fine. But if you do, please pray for me and that I will find favor in the eyes of the powers at be.

Thank you.

[tomaran 0]

Ok, I posted on one of the other sections, but I will start my track here.

If you want to judge me, then go ahead.. I KNOW the facts, I KNOW what happend.

16 years ago I went thru a bitter divorce. My evil (there are other words) x claimed I "touched" her daughter. I did not. Anyways, we went to trial for it and I had to testify as well as her and her daughter. I can provide ACTUAL facts of the case, which I have court transcripts for, so I can always scan those and post them if there are doubters..

Anyways, I had already spent about 40k on the divorce. The girl was a step daughter. I had 2 boys, ages 3 and 5 that I was fighting for custody. WHICH I GOT. Exactly one week after the divorce was final, I had to go to court for this. My attorney told me that he could make it all go away if I took probation, do that, then I would not have ANY CONVICTIONS on my record. So, being 40k in the whole, lost one job already, filed bankruptacy, I needed to protect my 2 boys so that I would not lose them. I chose this path. I wish now I had not, but can't change it now.

So, after the probation went without incident, I did a records check on myself, it says on the paper, NO CONVICTIONS. So great, no problem. I am NOT on any list for any state, nor any nationwide lists. Again, I have a paper from my state, with the state seal on it, saying no convictions. I even looked up the definition in the law books and it states that my record is closed, and there are NO CONVICTIONS under my name. I even did a records check last week on myself, and same results. No issues.

So, fast forward to today, 16 years later. My oldest son is 21, and the other is 19. 19 year old lives with me still. 21 does not. I have never had any problems with anything, no jobs, no lists, no nothing.

I met a girl last year, fell in love. We both wanted to get the K1. So, hired an attorney, filled out the paper work, sent it in. So far so good. Now, you must remember, in my mind and from what I see on the paper that I have, and all the checks I have done, I am going by what the STATE ENTERED IN. NO CONVICTIONS.

So when I filled out the paper work, I related everything to a conviction. It does not ask if I was ever on probation. It does not ask if I was ever arrested. It asks about convictions. I also read the statement (whether right or wrong) about the revealing if your record was sealed or expunged as it related to convictions. Maybe I was wrong, I don't know. So I thought it meant, did I have my record sealed. I thought it meant a CONVICTED record... again, hopefully I was not wrong in my thinking.

Just sent in the paper work last week. Right now it says it was last touched yesterday. It says pending and in review. Like a normal case from what I can tell. I am wondering if they will "flag" anything since from my belief, and what the state entered in, and according to the law books for my state, that I have not been convicted. So, will the USCIS say, "oh yes you have!" I don't know. How could it be that the state does NOT regard me as convicted, but the USCIS would? Now again, I don't know if they will or not. I have no other updates than what I said. It was last touched yesterday. I am wondering how long it takes before I would get a notice? How long is normal before it gets flagged? I thought I had read that when they process the K1, that if it is not getting TOUCHED alot, then it is fine. I don't know. Can anyone give FACTS?

Also, if I get an RFE, and then I gather all my documentation, is it going to help? Has there been ANY cases gone thru with approval? Does anyone know this as a FACT?

I don't understand how one person, the reviewer, can decide that I would be a "risk" to my financee when heshe doesn't even know me, doesn't know my financee, and has never spoken to either of us. Again, will I even get an opportunity? Is the opportunity just a show? And it will be denied no matter what?

My financee knows about all of this. She is willing to write a letter and sign it. I will take whatever tests, see whatever doctors I need to, to PROVE I am not what the USCIS might think I am. Yes, I wish I would have fought it. But after almost 2 years of living hell, bankruptacy, losing a job, I DID NOT WANT TO LOSE MY KIDS. How often does a MAN in the US get custody of their children, especially when they have a serious charge like this hanging over their head? Again, when I got custody, there was still a charge pending! Wouldn't it be a good thing to get a face to face interview with both of us?

I will really appreciate any GOOD feedback. If you have FACTS or suggestions about what to really do, please post them. If you want to name call me, then please just ignore my post.

I pray all the time about this. I know there might be others that don't believe in that either, that is fine. But if you do, please pray for me and that I will find favor in the eyes of the powers at be.

Thank you.

First thing i would say is dont jump to any conclusions. Getting your case touched just means that someone has looked at your file...period!

Right now you dont have an RFE and so please as hard as it may seem and easy at it is for me to say, just relax.

I take it you are the USC in which case it shouldnt affect your fiancee if YOU have any convictions. What they will require at some point is a police report from your fiancees home country.

And even if they do background check your file, one of two things will happen. If you have any discrepancies against your police/court records they may notify your fiancee of this either at the interview or beforehand. Secondly if that was the case then she would have to 'maybe' sign a certified letter claiming that she knows about your history and is still willing to go ahead with the K1.

REMEMBER they are interested in HER background first and foremost.

Hope this puts you at ease.

Any others wanna comment ?

[Bobby+Umit 161]

Tough one. I don't know if your probation will turn up on some search.

I wouldn't of taken any sort of plea bargaining or probation if I was innocent - but you can't change that now.

Sometimes probation can show that a conviction exists (how else can you get probation from something?) Here is a lawyers guide on this:

Criminal Lawyers guide

It's hard to get AWA cases approved - if it comes up, prepare for a long, uphill battle.

[tomaran 0]

Tough one. I don't know if your probation will turn up on some search.

I wouldn't of taken any sort of plea bargaining or probation if I was innocent - but you can't change that now.

Sometimes probation can show that a conviction exists (how else can you get probation from something?) Here is a lawyers guide on this:

Criminal Lawyers guide

It's hard to get AWA cases approved - if it comes up, prepare for a long, uphill battle.

Would that really apply to the USC Bobby?

i thought they only really scruntinize the benficiary?

Sure i know they background check the petitioner also but why would it be cause for a denial?

[imaisha 0]

tomaran, what the OP is referring to is the adam walsh act which bans u.s. citizens from petitioning for relatives if they have committed certain crimes. you can read more about it here: http://www.uscis.gov/files/pressrelease/Ad...shAct072806.pdf

in this case, it is the petitioner's criminal history that is important, as it may require a waiver to continue with the process.

sorry i don't know more about it to help you kylejb. good luck.

Edited May 27, 2009 by imaisha

[tomaran 0]

tomaran, what the OP is referring to is the adam walsh act which bans u.s. citizens from petitioning for relatives if they have committed certain crimes. you can read more about it here: http://www.uscis.gov/files/pressrelease/Ad...shAct072806.pdf

in this case, it is the petitioner's criminal history that is important, as it may require a waiver to continue with the process.

sorry i don't know more about it to help you kylejb. good luck.

I see it now! thanks imaisha.

But i still think the petitioner shouldn't jump to conclusions just because his file has been touched.

The fact he has a lawyer could also help if things get tough.

[kylejb 0]

Thanks for the encouragement. Yes, I am the USC. And, I know that you may thing that people can't be put on probation without a conviction, but yes you can. I know of several other people that had the same thing. And like I said, I look at the actual LAWS for my state, which I even talked to an criminal attorney about, and according to the LAWS of my state, I have not been convicted. It may seem weird, or how can that be, but it is what I am telling you.

I sure hope they don't flag it. I will fight until my death for her and she already told me not to worry either. So I am trying not to. I just have to wait until I see what happens.

Does anyone know what the "normal" time frame is after they have TOUCHED your file?

tomaran, what the OP is referring to is the adam walsh act which bans u.s. citizens from petitioning for relatives if they have committed certain crimes. you can read more about it here: http://www.uscis.gov/files/pressrelease/Ad...shAct072806.pdf

in this case, it is the petitioner's criminal history that is important, as it may require a waiver to continue with the process.

sorry i don't know more about it to help you kylejb. good luck.

I see it now! thanks imaisha.

But i still think the petitioner shouldn't jump to conclusions just because his file has been touched.

The fact he has a lawyer could also help if things get tough.

[*julez* 124]

If your petition is approved, make sure you have copies of any documentation related to your probation for your fiancee to take with her to the interview. This will prove that she is aware of what happened and will definitely help your case. Good luck.

[baron555 934]

I am sorry for what happened and pray for your good luck. But....I read the form differently. Here is the specific question:

2. Have you ever been convicted by a court of law (civil or criminal) or court martialed by a military tribunal for any of the

following crimes:

Listing of three

Answering this question is required even if your records were sealed or otherwise cleared or if anyone, including a judge, law

enforcement officer, or attorney, told you that you no longer have a record. Using a separate sheet(s) of paper, attach information

relating to the conviction(s), such as crime involved, date of conviction and sentence.

So to me, since you pled out, you were found guilty and then probation and the court would "clear" your record (which you have found to be the case).

My understanding is that you should have answered Yes and then attached a sheet of paper describing exactly as you have here. I do not know if the USCIS will be able to "see" this on their search or not. Maybe the best bet is to withdraw that petition and file another new one.

I'm no expert but this is my understanding.

[kylejb 0]

I talked to my attorney, and she said just wait and see. That there is no way to address the issue unless the USCIS addresses it first.

So, I guess I will just have to wait. I did not TRY to hide anything... like I said. It was something that was 16 years ago, and I really didn't think about it.

So, I will pray and pray, that they will find favor and SEE that I have not been convicted. So, just pray the same. Again, my finacee knows it all, and since this is the case, and she is willing to write a letter about it, then I would hope that it would not be an issue. We have nothing to hide.

I am sorry for what happened and pray for your good luck. But....I read the form differently. Here is the specific question:

2. Have you ever been convicted by a court of law (civil or criminal) or court martialed by a military tribunal for any of the

following crimes:

Listing of three

Answering this question is required even if your records were sealed or otherwise cleared or if anyone, including a judge, law

enforcement officer, or attorney, told you that you no longer have a record. Using a separate sheet(s) of paper, attach information

relating to the conviction(s), such as crime involved, date of conviction and sentence.

So to me, since you pled out, you were found guilty and then probation and the court would "clear" your record (which you have found to be the case).

My understanding is that you should have answered Yes and then attached a sheet of paper describing exactly as you have here. I do not know if the USCIS will be able to "see" this on their search or not. Maybe the best bet is to withdraw that petition and file another new one.

I'm no expert but this is my understanding.

Edited May 27, 2009 by kylejb

[baron555 934]

From that USCIS pdf link that was posted it said that if your case is hit, they will RFE you and ask for documentation and fingerprints.

So, seems like you just wait and pray.

Good luck and no judgements made.

Some other filers adopt an I did no wrong even though they admit to doing the act. People then give their opinions of this attitude.

[Old Dominion 26]

From my non-professional perspective on the Adam-Walsh act, I think you should just relax and take it as it comes. An angry ex sometimes will do anything and everything to ruin her former spouse's life. The USCIS already knows that, so if they ask for information about this, your well-documented explanation should suffice. Is the lawyer still around who represented you 16 years ago?

[kylejb 0]

No, he passed away a few years back.

From my non-professional perspective on the Adam-Walsh act, I think you should just relax and take it as it comes. An angry ex sometimes will do anything and everything to ruin her former spouse's life. The USCIS already knows that, so if they ask for information about this, your well-documented explanation should suffice. Is the lawyer still around who represented you 16 years ago?

[kylejb 0]

When the website says last touched on X date, what does that mean exactly?

[Bobby+Umit 161]

When the website says last touched on X date, what does that mean exactly?

Means someone did something with the package you sent.

Either they moved it from pile a to pile b, or started the work on it.

You may see several touches, or none at all for a while.

In my own case, it was touched 1 time then sent to NVC.