DENIED After waiting for 3 years and 9 months

[missingyou_01234 0]

HI GUYS,

We've been denied last March 04'2011 due to AWA. Now, me and my fiancee decided to be friends. Were still in contact with each other though. We sent them an appeal last March 21... I don't know if i still hope for NOA2. It's just maybe good that we decided to change our status to move on our life. My life and his has been pending due to the waiting process. I Love him to death, and that denial keeps him so depress. I hate to see him cry day by day...

I just hope that all those AWA filers, will not go through the same process that we have. I hope for your happiness guys...

God bless us all in our everyday journey.

This will be my last post...but maybe I will be back once in a while to check the site.

THANK YOU SO MUCH TO YOU MY VJ FAMILY!

Regards,

missingyou_01234

[LiveLaughLove 2]

I'm sorry about your plight...is there no other way? CR1/I-130 perhaps?

[lee&jeniebee 23]

HI GUYS,

We've been denied last March 04'2011 due to AWA. Now, me and my fiancee decided to be friends. Were still in contact with each other though. We sent them an appeal last March 21... I don't know if i still hope for NOA2. It's just maybe good that we decided to change our status to move on our life. My life and his has been pending due to the waiting process. I Love him to death, and that denial keeps him so depress. I hate to see him cry day by day...

I just hope that all those AWA filers, will not go through the same process that we have. I hope for your happiness guys...

God bless us all in our everyday journey.

This will be my last post...but maybe I will be back once in a while to check the site.

THANK YOU SO MUCH TO YOU MY VJ FAMILY!

Regards,

missingyou_01234

Sorry for all of your troubles.. What, may I ask is "AWA?" I don't understand..

[Myopia 93]

Sorry for all of your troubles.. What, may I ask is "AWA?" I don't understand..

AWA is the Adam Walsh Act,

A petitioner who has been convicted of a specified offense against a minor is not simply prohibited from filing on behalf of a minor child. The petitioner is prohibited from filing on behalf of “any” family-based beneficiary under sections 204(a)(1)(A)(i) and 204(a)(1)(B)(i) of the Act or in accordance with section 101(a)(15)(K) of the Act. “Any beneficiary” includes a spouse, a fiancé(e), a parent, an unmarried child, an unmarried son or daughter over 21 years of age, an orphan, a married son or daughter, a brother or sister, and any derivative beneficiary permitted to apply for an immigrant visa on the basis of his or her relationship to the principal beneficiary of a family-based petition

The term “specified offense against a minor” means an offense against a minor (defined as an individual who has not attained the age of 18 years) that involves any of the following:

An offense (unless committed by a parent or guardian) involving kidnapping;

An offense (unless committed by a parent or guardian) involving false imprisonment;

Solicitation to engage in sexual conduct;

Use in a sexual performance;

Solicitation to practice prostitution;

Video voyeurism as described in section 1801 of Title 18, United States Code;

Possession, production, or distribution of child pornography;

Criminal sexual conduct involving a minor, or the use of the Internet to facilitate or attempt such conduct; or

Any conduct that by its nature is a sex offense against a minor.

Section 401 of the Adam Walsh Act amends section 237(a)(2)(A) of the INA by adding a new subparagraph (v). Under new section 237(a)(2)(A)(v), an alien who is convicted under new 18 USC 2250, for failing to register as a sex offender, is subject to removal as a deportable alien.

You can read more here.

AWA

Edited April 2, 2011 by Myopia

[Tim/Mav 305]

Posted 10 June 2010 - 12:36 PM

hello does anyone of you got approved even your case fall under AWA? well my fiance was charged of possession of underage pornography which is fall under Adam WAlsh Act. my fiance committed that crime (2004 to Feb.2007) 5 yrs probation but jst took 4 yrs( first offense and belong to tier 1)..he jst downloaded some nude pix from internet site didnt know its againts the law in US. Do we need to worry about this? our case is 9 months and 2 weeks now still waiting for our Noa2, uscis asked RFE last week of March regarding the details of his crime committed and also he did not check in 129f form that he had crime bcoz it was not in the list his crime... its 1 month and 10 days now since uscis rcvd our RFE so we kinda worried hope it doesnt affect our case bcoz of this..any idea or enlightenment can think us positive and overcome and get this Noa2? had you heard the same prob w/ us and got approved? thanks a lot for sharing.

08-26-09 : I-129F sent

08-27-09 : Rcvd Noa1

09-02-09 : Rcvd Noa1 Hard copy

11-27-09 : biometrics appt

12-10-09 : date RFE NOID

12-11-09 : touched

04-26-10 : replied RFE

04-30-10 : RFE response received by uscis

05-01-10 : touched

07-06-10 : service request

07-19-10 : rcvd email from uscis : further review wait 6 months..ouchh

07-23-10 : touched

08-10-10 : touched

09-11-10 : touched

10-05-10 : APPROVED petition....Yipee thanks to Almighty God and Mama Mary ...xoxoxo

10-06-10 : touched (rcvd txt and email message from USCIS)

: Help us God to surpass this trial..you are our great and powerful lawyer we believe and trust in You.

10-12-10 : received hard copy of NOA2

10-12-10 : NVC received the case...got new case #

10-13-10 : case left NVC

10-18-10 : received NVC letter

10-19-10 : US Embassy rcvd hard copy

11-17-18-10 : medical...passed

12-01-10 : interview....visa approved!!!..thank you so much God and Mama Mary

12-15-10 : visa on hand

12-28-10 : POE

02-19-11 : Wedding

00-00-10 : Do not set your heart on what you will eat or drink, do not worry about it. But seek His kingdom and these things will be given to you

Did he get counceling for the Offense. A waiver filed by an Attourney. The Adam Walsh Act is there for a reason. If the Petiontioner can show rehabilitation then a Approval is posible. But, if he did nothing then there is no chance after such a conviction. This must be hard on you. I know Phillipphine Culture and Family thoughts. I'm Sorry..

[Tim/Mav 305]

Posted 10 June 2010 - 12:36 PM

hello does anyone of you got approved even your case fall under AWA? well my fiance was charged of possession of underage pornography which is fall under Adam WAlsh Act. my fiance committed that crime (2004 to Feb.2007) 5 yrs probation but jst took 4 yrs( first offense and belong to tier 1)..he jst downloaded some nude pix from internet site didnt know its againts the law in US. Do we need to worry about this? our case is 9 months and 2 weeks now still waiting for our Noa2, uscis asked RFE last week of March regarding the details of his crime committed and also he did not check in 129f form that he had crime bcoz it was not in the list his crime... its 1 month and 10 days now since uscis rcvd our RFE so we kinda worried hope it doesnt affect our case bcoz of this..any idea or enlightenment can think us positive and overcome and get this Noa2? had you heard the same prob w/ us and got approved? thanks a lot for sharing.

08-26-09 : I-129F sent

08-27-09 : Rcvd Noa1

09-02-09 : Rcvd Noa1 Hard copy

11-27-09 : biometrics appt

12-10-09 : date RFE NOID

12-11-09 : touched

04-26-10 : replied RFE

04-30-10 : RFE response received by uscis

05-01-10 : touched

07-06-10 : service request

07-19-10 : rcvd email from uscis : further review wait 6 months..ouchh

07-23-10 : touched

08-10-10 : touched

09-11-10 : touched

10-05-10 : APPROVED petition....Yipee thanks to Almighty God and Mama Mary ...xoxoxo

10-06-10 : touched (rcvd txt and email message from USCIS)

: Help us God to surpass this trial..you are our great and powerful lawyer we believe and trust in You.

10-12-10 : received hard copy of NOA2

10-12-10 : NVC received the case...got new case #

10-13-10 : case left NVC

10-18-10 : received NVC letter

10-19-10 : US Embassy rcvd hard copy

11-17-18-10 : medical...passed

12-01-10 : interview....visa approved!!!..thank you so much God and Mama Mary

12-15-10 : visa on hand

12-28-10 : POE

02-19-11 : Wedding

00-00-10 : Do not set your heart on what you will eat or drink, do not worry about it. But seek His kingdom and these things will be given to you

Did he get counceling for the Offense. A waiver filed by an Attourney. The Adam Walsh Act is there for a reason. If the Petiontioner can show rehabilitation then a Approval is posible. But, if he did nothing then there is no chance after such a conviction. This must be hard on you. I know Phillipphine Culture and Family thoughts. I'm Sorry..

OH. This is NOT MY POST. It was Ealier from another Member. I just wanted you to see that it might be still posible.

[Myopia 93]

OH. This is NOT MY POST. It was Ealier from another Member. I just wanted you to see that it might be still posible.

Based on that post. It seems the poster's husband lied on the K1 form. USCIS can revoke his wifes visa for the AWA.

Approved Family Based Petitions May Be Revoked Under Adam Walsh Act

If, at any time prior to adjustment of status or consular processing, USCIS becomes aware that the petitioner has a conviction for a specified offense against a minor, it will revoke the approved family-based immigrant visa petition or reopen and reconsider the I-129F.

Further, the approved immigrant visa petitions may be reopened for “good and sufficient cause” under Section 205 of the Act. Revocation of the approval is allowed under 8 CFR 205.2 if the petitioner has been convicted of a specified offense against a minor and USCIS finds that the petitioner poses risk to the beneficiary. Therefore, USCIS conducts additional IBIS checks on the petitioner of the family-based immigrant petition at the time the beneficiary adjusts status. Pursuant to 8 CFR 103.5(a)(5)(ii) USCIS may reopen and reconsider the decision on I-129F if the petitioner has been convicted of a specified offense against a minor and USCIS determines that the petitioner poses any risk to the beneficiary.

Edited April 2, 2011 by Myopia

[A and T 82]

Im really sorry to hear the bad news, its very difficult to deal with. He could always move to the philippines with you?

[RS2 3]

Based on that post. It seems the poster's husband lied on the K1 form. USCIS can revoke his wifes visa for the AWA.

Hey CORRECTION Please! Before USCIS approved our petition I was aware of my husband's offense already and proven he poses no risk to me. And during the k1 interview the consul will ask if you are aware of your husband's conviction too. Sorry i updated my post and timeline late. And i guess you should read more about AWA topic. We have been through the 1st step of AWA and USCIS is aware of that. I hope and pray some of AWA filers here do not lose hope.