AOS after marrying sex offender?

[Wordup 0]

I have a friend who came to the US from France & married a US citizen. She came here on a tourist visa & then they got married. It wasnt their intention to get married when she came over, it just happened after she got here.

The person she married is a registered sex offender. I believe he was convicted of possessing child pornography. They have already sent in all the paperwork & she has already received her work visa.

Does anyone know how/if this will affect their AOS process? I have heard that Adam Walsh's Law bars felons convicted of crimes against minors from petitioning for a K-1 visa..... Would this also apply to them as they arent petitioning for a K-1 since she was already here when they married?

Thanks

[Deputy Purple 1,294]

Go to the IMBRA Special Topics sub-forum: Here

You'll find several threads on what to expect...

Sex Offenders aren't barred from petitioning & sponsoring their spouses they are just held to much higher standards.

[payxibka 10,047]

Go to the IMBRA Special Topics sub-forum: Here

You'll find several threads on what to expect...

Sex Offenders aren't barred from petitioning & sponsoring their spouses they are just held to much higher standards.

Actually as the law is written, they are in fact NOT eligible to file without a "waiver" therefore it would not be so wrong to say the are "barred".

AW affects ALL petitions including the I-130

Edited September 10, 2010 by payxibka

[Platinumbird 0]

Actually as the law is written, they are in fact NOT eligible to file without a "waiver" therefore it would not be so wrong to say the are "barred".

AW affects ALL petitions including the I-130

Do you know any one who won process of AOS with husband who had AWA in past??? I am waiting for my documents about 13 month... now it is adjudication... how long i can wait this green card or it is really small % to get it?? my situation very hard... i am always on stress and my husbaand is angry more and more every day... i am tired and emotionally abused... may be fail I-360?

[JimVaPhuong 4,863]

Do you know any one who won process of AOS with husband who had AWA in past??? I am waiting for my documents about 13 month... now it is adjudication... how long i can wait this green card or it is really small % to get it?? my situation very hard... i am always on stress and my husbaand is angry more and more every day... i am tired and emotionally abused... may be fail I-360?

Go to the special topics forum which Bob linked above. You can read some case stories there. Some people do get approved, but the percentage is relatively low.

As far as I know, there is no prohibition on a spouse who is married to a registered sex offender from filing an I-360 VAWA self-petition. I think it might be a double-edged sword, though. On the one hand, his being a registered sex offender might bolster your claim of abuse. On the other hand, it might call into question the validity of your abuse claim if you already tried and failed to get the AWA waiver.

If you don't have a good immigration attorney then you might consider getting one. Difficult cases are usually not well suited for DIY forums like VJ.

[Platinumbird 0]

As far as I know, there is no prohibition on a spouse who is married to a registered sex offender from filing an I-360 VAWA self-petition. I think it might be a double-edged sword, though. On the one hand, his being a registered sex offender might bolster your claim of abuse. On the other hand, it might call into question the validity of your abuse claim if you already tried and failed to get the AWA waiver.

No, we just had intent for denay and sent papers from cort, probation and friends letters. We hope it will be enough, but still waiting. He emotionally made me almost sick but I know how much pain he had in past with AWA, so i am not happy to make I-360. I dont wanna hurts him, but in the same time i am not sure how long we will wait this approval sometime i just want to die...

[JimVaPhuong 4,863]

No, we just had intent for denay and sent papers from cort, probation and friends letters. We hope it will be enough, but still waiting. He emotionally made me almost sick but I know how much pain he had in past with AWA, so i am not happy to make I-360. I dont wanna hurts him, but in the same time i am not sure how long we will wait this approval sometime i just want to die...

You've already received a Notice of Intent to Deny (NOID)? Did an attorney help you with your case? Did an attorney help you prepare your response to the NOID?

I don't spend much time in the IMBRA/Special Topics forum. I remember some time ago reading about a couple of cases where the petitioner successfully got a waiver of the AWA exclusion. The hardest part is convincing USCIS that the petitioner won't be a risk to the beneficiary. The cases with the best chance are those that involve statutory violations, such as a petitioner who had consensual sex with a older minor when he was a young adult; e.g., the petitioner was 18 and he had sex with a 17 year old girl. Cases that involve forced sex or children generally don't stand a prayer of being approved.

I get the impression from your statements that the only reason you're considering the I-360 is because you're pretty sure the AWA waiver is going to be denied. This doesn't make me very comfortable. Either you have been abused or you haven't. If you've been abused then his AWA waiver should NOT be approved because he IS a risk to you, and you should file an I-360. If you haven't been abused then you shouldn't be looking at the I-360 like it's a second chance at a green card after your first chance failed. If it looks that way to me after your few brief statements then there's a pretty good chance it will look the same to USCIS.

If you don't already have a lawyer, get one. Your problems are too serious to resolve on a self-help immigration forum.