Some Adam Walsh questions

[NVC FAN :( 18]

ive read your posts, i follow what your saying about the discrimination. I recently quit smoking, and on the news tonight i seen a story about goverment housing ' projects' not allowing the tenants to smoke cigarettes in these dwellings! seems outrageous. I also understand that many ppl probaly have done something similiar to what you have done in your past and just never been caught. all i can tell you is life is not fair, we all can not be punished to ease one persons suffering. just play the hand your delt , and move on.

and yes , im sure PH does not want the u.s. un desireables. and can you really blame them.

gl

[A and T 82]

ive read your posts, i follow what your saying about the discrimination. I recently quit smoking, and on the news tonight i seen a story about goverment housing ' projects' not allowing the tenants to smoke cigarettes in these dwellings! seems outrageous. I also understand that many ppl probaly have done something similiar to what you have done in your past and just never been caught. all i can tell you is life is not fair, we all can not be punished to ease one persons suffering. just play the hand your delt , and move on.

and yes , im sure PH does not want the u.s. un desireables. and can you really blame them.

gl

I agree with you, and thats what I am doing, all that I can in my power to fight and push forward. I am hopeful that the philippines will not deem me as undesireable, as long as what happened here, did not break any laws there. I believe, I have yet to get a black and white answer response from them, so I guess its open for debate.

I don't believe that both countries would keep us apart, I don't think her country would be that heartless.

[Carlawarla 1]

Your question was about the letter you thought your wife might sign, and my suggestion was that it might hurt, rather than help you. I can see by your further postings that you wanted to discuss the discrimination aspect of the Adam Walsh Act, and debate whether it's just or fair. I was wondering if you've obtained a lawyer? As well, the one successful visa recipient on here that posted about his "assessment" offers some additional information that you may want to look into. http://www.visajourney.com/forums/index.php?showtopic=237891

[C0881 2]

The USCIS website did posted a memorandum pdf about the evidence a petitioner can provide to prove that he is not a threat to the beneficiary. To shorten the length of time for this "battle" (by this i mean it's a long period of time that would exhaust you and your wife, not really a war), I suggest you to focus on providing the evidence the USCIS requires, even though the memorandum says the decision of the USCIS is upto the discretion of the DHS head. Nonversation, if you focus on the unconstituional/flaw aspect of the Adam Walsh Act, you will need a very competent lawyer specialises in consitutional lawsuits.....it can take years.....

My husband and I are doing the first route. We are trying to work within the guidelines set out by the USCIS. So far I am still staying in the US but have not had any interview yet. We are still waiting for their decisions. If they want RFE, we will submit. If they deny, we will appeal. If the appeal fails, we will think of something....

I can understand your anxiety if your wife is still in the Philippines. I have read a case on VJ about a K1 SO peitioner waiting for 2 years but finally the petition was approved.

The link to that official memorandum is here:

http://www.uscis.gov/portal/site/uscis/men...=adam+walsh+act

[Old Dominion 26]

Just be sure that your wife is completely familiar with the restrictions both of you face while living in the U.S. The wife of a ROS buys into the consequences of the crime you have committed.

As to living in the Phils, it wouldn't hurt to explore that directly. I'm sure they take into account the severity of the crime. For example, a 35-year old having consensual sex with a 16-year old would be quite serious; an 18-year-old would not be so serious.

[Ontarkie 14,221]

I just wanted to add something. Since you say its unfair that 2 USC can marry and have kids if one has a sex offence, but one USC and a foreigner cannot do the same. But the 2 USC couple do have lots of battles for one if they have kids and eventually it will be reported the kids would be taken away from both parents. The other spouse can also be charged with child endangerment.

I know a girl who went through all of this it was a very long fight to get her son back, she was not even aware of his past. She had to prove that she was not with the guy anymore.And how she was just a victim herself. You know what child services told her. They said she is supposed to do a background check before dating someone. I also knew this girl who married a guy who was in jail for molesting his own kids. Of course he said he didn't do it and his ex was just saying it to keep him from the kids. Anyways, she married this guy in jail, and shortly after that child services took her 3 kids away from her. She never did get them back since she is not putting their safety ahead of her own needs.

I know every case is different but wanted to point that out. These laws need to be in place to protect the innocent ppl. Not saying you fall into those categories but the waiver is just that your time to prove your not a risk to her or future children.

Does the sex offender registry need an over haul yes it does. You may want to focus your frustration to fixing that.

Danielle