AWA waiver needed?

[Uhoh 10]

Hi, my husband was recently arrested for possession of child pornography on his computer. He downloaded a few times over our relationship what he thought was adult females made to look like teens, from a peer to peer file sharing website. Among the stuff he downloaded (many files all bundled together) there was some pretty nasty stuff that he definitely didn't search for or want. His IP was traced and now he's facing possession charges. He admitted to downloading the files to the police, which was a mistake as they're now treating him like he deliberately wanted the nasty stuff. His lawyer is focusing on forensics hopefully disproving the police saying he wanted the nasty stuff. It's all so complex and stressful.

We were just about to start my AOS when the arrest happened. Now we are panicking and stressed beyond belief that he won't be able to petition for me. We don't have children, nor do we want them. He has a child from a previous marriage. He's not been convicted yet, it'll take 9-12 months to get to court and or a plea as the police forensics is back logged. I'm fully aware of his situation, I'm happily married to him and 3 years down the road I don't want this to cause the end of our marriage!

We are talking to Nick Misiti this week, he's been highly recommended. My question (before we talk to him) is does the bar to him petitioning me come into effect as he's arrested and pending a conviction due to the crime he's being charged with? I'm assuming we will need a waiver? I'm a fully grown adult with a mind of my own, and being fully aware of his situation I still want to remain married and be able to aos and continue our life together. We both are terrified that someone in an office somewhere will think he's this evil dangerous person and that couldn't be further from the truth! He's sweet and gentle and well loved in our community! There's no way he'd ever be a threat to me.

But due to the AWA, Is our case doomed?

[TBoneTX 45,299]

Thread moved from IMBRA subforum to the CR-1 Process forum -- OP is on the CR-1 path.

Note to all respondents: Please keep replies 100% civil and focused purely on the OP's questions.

[NigeriaorBust 4,087]

AWA will most definately drag out any approval. If you go the AOS route you may be in limbo immigration wise for a long long time. Are you a current overstayer ? You might have more freedom going the classic CR1 route . There are several people here that have gotten through the requirements of AWA and some who never made it. You may want to read up on their experiences. Beating downlaoded porn is not a easy thing and you are facing a huge uphill battle.

[Uhoh 10]

Yes I'm an overstayer otherwise I'd go home and do the cr1 route. But I'm subject to a 10yr ban if I leave. It's such a mess.

[NikLR 13,227]

Oh so you are aosing. You husband would send the petition with the aos forms concurrently. Just report the thread so it can be moved to the right forum.

[A and T 82]

Well he is not yet convicted, only accused. I think the forms as if you have been convicted, since he hasn't yet Its best to hurry your AOS before you end up screwed

[Ontarkie 14,225]

~~Thread moved to Adjustment of Status from Work, Student, & Tourist Visas as the OP is already in the US. ~~

Repeating what T-Bone has said earlier Note to all respondents: Please keep replies 100% civil and focused purely on the OP's questions.

[NigeriaorBust 4,087]

I would be afraid that the arrest triggers the need to report and that you won't get a decision until after the case has been decided. A big part of waivers is evidence that this not an ongoing and harmful behavior. Maybe getting a jump on that sort if certification by a psychologist would help both cases. Make sure you know about the need to report the arrest because if it did then you need to disclose it because not doing so will result in your denial. If you don't intend on having children , have your terminated your ability to produce them ? ( To that court that would guarantee that no children would be involved ) Reach out to some of the couples that got through AWA filings through pm as most people don't hang around after they get their visa or it gets denied.

[Uhoh 10]

Thank you Nigeriaorbust...

Yes, we will be sure to get him evaluated and have a professional state he's absolutely no threat to me. I suffer from a severe condition that means we would need extensive fertility treatment to conceive so I could include my medical records to show that we have no intention to have any children. His ex is happy to write a detailed and positive letter saying what a good father he is to their child and how happy and well rounded and loved their child is, that and the dcf had immediate findings of no abuse whatsoever, so should show he's no threat too?

We both find it incredible that he'd be fine to petition me if he deliberately killed people but to be potentially banned for something he never deliberately intended is just awful.

I'll seek out some AWA waiver receivers here if I can. If anyone reads this and is going through the AWA process please pm me?