K1 and IMBRA question

[paustin 1]

Does anyone know if filing for K1 fiance visa, only the IMBRA applies to the petition or the Adam Walsh applies as well?

[Rich&Vero 14]

The Adam Walsh Act applies as well.

"The USCIS has decided to determine all Adam Walsh Act subject applications at its Vermont Service Center. The Adam Walsh Act applies to certain marriage and fiance(e) visa applications. It requires the Immigration agency to affirmatively determine that a Petitioner will not be a risk to an immigration beneficiary, if the petitioner was convicted of “specified offenses against minors.”The limitation includes petitions for adult and child immigrant beneficiaries. If subject to the Act, the petitioner has the burden of demonstrating that there is “no risk” to the beneficiary. The immigration agency is the sole determiner and its decision cannot be appealed."

[Tim/Mav 305]

The Adam Walsh Act applies as well.

"The USCIS has decided to determine all Adam Walsh Act subject applications at its Vermont Service Center. The Adam Walsh Act applies to certain marriage and fiance(e) visa applications. It requires the Immigration agency to affirmatively determine that a Petitioner will not be a risk to an immigration beneficiary, if the petitioner was convicted of "specified offenses against minors."The limitation includes petitions for adult and child immigrant beneficiaries. If subject to the Act, the petitioner has the burden of demonstrating that there is "no risk" to the beneficiary. The immigration agency is the sole determiner and its decision cannot be appealed."

The 129-F Petition will have to state the Conviction(s) You will be required to submit a Wavior (this may involve an Attourney) The Petitioner must show satisfactory treatment for the Conviction(s) and poses no threat.

[paustin 1]

The 129-F Petition will have to state the Conviction(s) You will be required to submit a Wavior (this may involve an Attourney) The Petitioner must show satisfactory treatment for the Conviction(s) and poses no threat.

How to request the waiver? I read the I-129F IMBRA and the waiver, nothing applies to the case besides having it disclosed to the beneficiary. Anyone experiences with this and what did you guys do to deal with this IMBRA and Adam Walsh?

[Penguin_ie 5,993]

***** Moving from K1 to IMBRA Special Topics *****

OP, I know it may be uncomfortable, but if you tell us what the actual issue is (conviction, how many K1s you applies for before etc), we can help better.

[paustin 1]

***** Moving from K1 to IMBRA Special Topics *****

OP, I know it may be uncomfortable, but if you tell us what the actual issue is (conviction, how many K1s you applies for before etc), we can help better.

sex offender against minor. fiance is 30, and no kids. It happened back in 1997 and never done that stupdi thing again.

[pushbrk 12,881]

sex offender against minor. fiance is 30, and no kids. It happened back in 1997 and never done that stupdi thing again.

Then IMBRA is not the issue. Adam Walsh Act issues are best dealt with by a qualified immigration attorney with previous experience. I don't advise taking any other route.

[paustin 1]

Then IMBRA is not the issue. Adam Walsh Act issues are best dealt with by a qualified immigration attorney with previous experience. I don't advise taking any other route.

Hm.. it would, because it states on the I-129F instruction states that IMBRA: Child abuse and neglect, abusive sexual contact - am I wrong here?

[pushbrk 12,881]

Hm.. it would, because it states on the I-129F instruction states that IMBRA: Child abuse and neglect, abusive sexual contact - am I wrong here?

You will be answering the crime question with a yes but because it's a sex crime against a child, the Adam Walsh Act becomes your hurdle. You are correct that IMBRA only requires court records and disclosure to the foreign beneficiary but Adam Walsh Act issues are their own animal. Find an attorney with experience obtaining Adam Walsh Act related waivers.

You could be on parole for armed robbery and get an I-129F and K1 visa approved but if at age 18, your 17 year old girlfriend's daddy caught you having sex and had you arrested, 30 years ago, you have a big problem, a legal problem.

[paustin 1]

You will be answering the crime question with a yes but because it's a sex crime against a child, the Adam Walsh Act becomes your hurdle. You are correct that IMBRA only requires court records and disclosure to the foreign beneficiary but Adam Walsh Act issues are their own animal. Find an attorney with experience obtaining Adam Walsh Act related waivers.

You could be on parole for armed robbery and get an I-129F and K1 visa approved but if at age 18, your 17 year old girlfriend's daddy caught you having sex and had you arrested, 30 years ago, you have a big problem, a legal problem.

Thanks! I am looking for someone who has this kind of experience to see how they did it. They said AWA has no waiver, and not many immigration attorney in this state!

[pushbrk 12,881]

Thanks! I am looking for someone who has this kind of experience to see how they did it. They said AWA has no waiver, and not many immigration attorney in this state!

The attorney does not need to be local to you. There is no formal waiver to request. It's really a matter of preventing the denial of the petition. When you find the right help, they'll know what to do and how to advise you. Depending on the seriousness of the charge and other circumstances you may or may not be successful. AWA has some pretty sharp teeth and is taken quite seriously.

[Deputy Purple 1,294]

Read this thread, there is a lot of good information in it.

[paustin 1]

Read this thread, there is a lot of good information in it.

Thank you, Bob. I did find that thread during my research and it has been bookmarked. I even PM Shane, but didn't hear anything from him. Basically, I just wanted to know if he has some sort of cover letter or something that goes with those documents since AWA has no waiver for that.

[Deputy Purple 1,294]

Thank you, Bob. I did find that thread during my research and it has been bookmarked. I even PM Shane, but didn't hear anything from him. Basically, I just wanted to know if he has some sort of cover letter or something that goes with those documents since AWA has no waiver for that.

The important thing to get for that thread is the evidence of rehabilitation. To overcome AWA you will need very strong evidence, seems like recent polygraph and decades of history without reoffense are at the top of the list. Any records showing Sex Offender Treatment and successful completion of sentence (jail and/or probation) are also needed. A letter from your SO stating clearly that they know what the charges were and are aware for your path to recovery should also be included.

For the cover letter, there really shouldn't be to much difference from a standard petition cover letter which lists all evidence attached except to maybe state that since this petition falls under the AWA you have included additional evidence and list specifically what that evidence is.

[paustin 1]

The important thing to get for that thread is the evidence of rehabilitation. To overcome AWA you will need very strong evidence, seems like recent polygraph and decades of history without reoffense are at the top of the list. Any records showing Sex Offender Treatment and successful completion of sentence (jail and/or probation) are also needed. A letter from your SO stating clearly that they know what the charges were and are aware for your path to recovery should also be included.

For the cover letter, there really shouldn't be to much difference from a standard petition cover letter which lists all evidence attached except to maybe state that since this petition falls under the AWA you have included additional evidence and list specifically what that evidence is.

Yup, we'll gather any evidence mentioned in that thread for sure - we plan on having a cover letter to mention about the AWA and the fact that IMBRA on the petition was checked "Yes" and have them look at the attached documents and evidence. Those evidence will cover both the Yes checked on the form and the AWA.