can any one answer my questions with out an attorney cost

[Anh map 2,098]

OP, this is a serious topic in the immigration process and you need to treat it as such. Quick and easy isn't often associated with it. Do your preparation and get good, quality guidance from an attorney. You must meet the standards of the USCIS.

There is a child in the mix no matter that your intention is to have the child come later. Even if you said that the child wouldn't ever come, that can change so you should approach it as such.

The goal here is obtaining the visa and building a life with your fiancee. You can find lots of discussion here on VJ, and out there on the internet, about what is needed. Get good, specific advice about your circumstances. Share the details with a qualified attorney. It will be money well spent and then you can proceed with confidence.

[Hypnos 6,577]

AWA-related issues need attorney involvement if you wish to stand any chance of success.

That being said, it is an extremely difficult thing to overcome. You need to demonstrate that you pose no risk to your alien fiancée; not low risk; not minimal risk; zero risk. This is what trips many people up. USCIS have been granted very wide discretion when it comes to the AWA, and you need a truckload of evidence to indicate that you are rehabilitated and will not re-offend. It's going to be an uphill battle, and one you should be prepared to not win - because most people in your situation don't.

[canadian_wife 1,824]

OP - I've reach each response and your posts. You worry me. You seem to be not aware of the seriousness of this situation. Your case is not a DIY. You'll need an experienced lawyer, not one you can send a few e-mails back and forth and then do the rest on your own. You also downplay a child molestation charge and say it is not as bad as domestic violence. The charge, in the eyes of USCIS is serious and you need to start treating it as such. Finally, there IS a child involved. You keep saying there isn't but then plan on bringing the child later. That means there IS a child involved.

Please stop deluding yourself into thinking you can tackle this massive mountain on your own. Everyone here is suggesting a lawyer, time to start getting the money together to find a good one.

Best of luck.

[madtownguy 164]

OP you have a long and difficult road ahead of you. These aren't the type of questions that are normal and most people have experience with. I'm not sure why you assumed this was easy like everyone is a convicted sex offender. You didn't get a DUI. You have multiple people along the way that can deny you, I would work on expunging the case if it is that trivial. There's so many other factors that could hurt you more. If you have a large age gap for instance, it may normally pass but the more red marks you have the more likely you will get denied.

[prs1man 0]

I know this is not going to be an easy road I am not saying that child molestation is not a serious offense I know it is. I can say there are different degrees of felonys my sentence was very light compared to some more serious like a class A or a class B which could have been 8 to 20 years imprisonment. I wasn't convicted as well I did a plea agreement I admitted to my crime I accepted the punishment. As per domestic violence I was referring to something more serious then just some argueing like wife beating her to the point she has to have medical attention. The USCIS doe's look at these degrees of charges they know the law and some are more serious then others. They will look at the fact my crime was a sentence of 6 months as compared to a 8 year sentence and the fact it has been 23 years since this has happened. I am not a repeat offender as others are is on my side I was very cooperative with my arrest. I just feel if I submit my court documents as I have them certified explaining my plea agreement and my sentence they will look at these facts.

[Jojo92122 1,924]

I know this is not going to be an easy road I am not saying that child molestation is not a serious offense I know it is. I can say there are different degrees of felonys my sentence was very light compared to some more serious like a class A or a class B which could have been 8 to 20 years imprisonment. I wasn't convicted as well I did a plea agreement I admitted to my crime I accepted the punishment. As per domestic violence I was referring to something more serious then just some argueing like wife beating her to the point she has to have medical attention. The USCIS doe's look at these degrees of charges they know the law and some are more serious then others. They will look at the fact my crime was a sentence of 6 months as compared to a 8 year sentence and the fact it has been 23 years since this has happened. I am not a repeat offender as others are is on my side I was very cooperative with my arrest. I just feel if I submit my court documents as I have them certified explaining my plea agreement and my sentence they will look at these facts.

Not the way the immigration game works. You explaining things to "them" may not be enough. You don't know the pitfalls. You need a really good immigration attorney who is well versed in AWA cases.

This is not a DIY or a DIY with a little help from an attorney. Most of us on here advocate DIY with most cases. There are the few that we know requires a well versed attorney. Yours is one of those. It's naive to think that you supplying court documents with your plea agreement will trigger them to look at the facts. Laying out the "facts" is not enough. You need an advocate who knows what USCIS and the US Embassy wants rather than muddling through and f---ing it up. You will not get a second bite to fix things if you mess up.

[milimelo 4,514]

The child of your fiancee has to be listed on the paperwork regardless if he/she is coming or not.

[prs1man 0]

alright here I have listened to your input as far as an attorney is concerned and some of you do have years of experience seeing this type of situation the internet is full of attorneys wanting your business. Now I will consider talking to one so if you can reccommend one that doesn't want an arm and a leg in price my budget is limited.I will say this if I had my choice I would move there and just be with her but that is not an option for me. Employment for a foreigner in the Philippines is next to impossible to find unless you work at a call center and your language skills is just a small help to you. I know there will be several to post on the attorney recommendations I need the best bang for the buck. Thanks

[TBoneTX 45,661]

Gigantic immigration-law firm with extremely reasonable e-mail/telephone consultation rates:

http://www.fosterglobal.com/services/individuals-and-families/

I have no connection with them other than as a satisfied former customer.

[Russ&Caro 1,549]

It sounds like you and your fiance have a relationship that you both truly value, a loving one, a relationship you want to make permanent. Given this, my recommendation is that you forget all shortcuts. Put "fast and cheap" out of your mind. Start building wealth and start putting together a very realistic timeline. Get ready for a long journey. Don't look for best bang for your buck. Instead, take on a 2nd job and look for the very best attorney you can hire. Forget free consultations. Pay for the best consultation.

I can't emphasize this enough, petition for her and her child. She's 21. That means her child is young. Don't separate the child from his mother for 2 or more years. Yes, the Filipino culture and their extended families are very generous, taking care of young children when necessary. But that doesn't mean it's best for the child.

Give the petition your very best shot. If you fail, I'm sure you will do everything in your power to find work there so you can be with her.

Prepare for the worst and hope for the best.

Good luck!

[prs1man 0]

It seems I am getting some negative or thoughts of a lot of self doubt here as per my situation it seems the bottom line is being truthful about your relationship is valid and not for immigration purposes trust me my fiancee and I are very much in love with each other she wants to be here because she wants to marry me and have a good life with me. I still believe with all my heart and with my perticular case it will be approved I will find council and proceed with my petition. I want to hear success stories and not negativity on this subject all things are possible. I wil pray to God he would have never put us together and us fall in love to have it torn apart we are so right for each other our we are each others ((((((soulmates)))))).....

[Villanelle 4,122]

Hmm well Im glad you posted back. Sometimes people post on here and when they dont get the answers they want they disappear.

I have to say one of the things I am sensing from you is you have a lot of pre-conceived notions about how things work. You need to let that go. USCIS isnt always logical and in some peoples opinion fair. You say things like well if they look at my felony/sentence length they will see it was lesser then some comparable ones so that should be an advantage. Um no, if its on the list- its on the list. There is no tier system. You also seem to feel not bringing the child (right away) will work to your advantage. Again not true. As stated they will know about the child and are fully aware you can opt to not file now and file for them later.

Adam Walsh Act Cases

Since March 2011, the VSC has had sole jurisdiction over Adam Walsh Act cases (cases in which the petitioner has been convicted of a “specified offense against a minor”). The VSC has a team of seven officers who adjudicate all Adam Walsh cases. The VSC reported receiving about 400 AWA cases last year. It has not yet finished processing all of them, but has approved only two cases, representing about one percent of the total number of cases adjudicated. (https://cliniclegal.org/resources/articles-clinic/updates-family-based-immigration-vsc-and-nvc)

One percent- two cases out of 400. This was dated 2013. Nothing has changed since.

Also see- http://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2011/April/supp-guidance-adam-walsh-actpdf.pdf

As you can see attnys post a more favorable view (because as said they will file regardless) Here is an article and it quotes about 3500 for the attny however it is outdated a few years.

http://www.avvo.com/legal-guides/ugc/immigration-and-adam-walsh-act-faq-by-nicklaus-misiti

[prs1man 0]

Thank you for your input Damara the post you pointed me to about the info and stats at the VSC how old is that post is it from 2013 is there more recent updates and stats we can look at ? I was wondering I need to look in to it is there a visa she could apply for other then a K-1 so she can get here we would just get married then is there a work around possible I am wondering like an immigration visa perhaps or something she suggested I fly there and we get married there but for me that would be tough I would have to borrow money and I don't think my employer would approve me to be gone 2 to 3 weeks or could I file for a marriage license from here and us get married VIA skype which I read somewhere just an idea I had any input ??

[Hypnos 6,577]

There is no "working around" the AWA. It applies to all types of visas where someone convicted of an applicable crime under the AWA would be petitioning an alien (so K-1, IR-1/CR-1, etc.).

It may be easier to look into living abroad rather than living in the US together; you are going to have an extremely difficult and expensive struggle with a very slim chance of success.

Edited November 3, 2015 by Hypnos

[Jojo92122 1,924]

Thank you for your input Damara the post you pointed me to about the info and stats at the VSC how old is that post is it from 2013 is there more recent updates and stats we can look at ? I was wondering I need to look in to it is there a visa she could apply for other then a K-1 so she can get here we would just get married then is there a work around possible I am wondering like an immigration visa perhaps or something she suggested I fly there and we get married there but for me that would be tough I would have to borrow money and I don't think my employer would approve me to be gone 2 to 3 weeks or could I file for a marriage license from here and us get married VIA skype which I read somewhere just an idea I had any input ??

There is no "work around" for your AWA problem. You either deal with it so she can come here or you don't and she stays where she is - even if she is married to you.

More recent updates and stats for 2014 and 2015 is not going to change a 1% chance into something better since there has been zero changes on adjudicating AWA cases.

You have your choice of the K1 fiancee visa or the CR1 spousal visa. There is no other choice. Both requires you to deal with the AWA problem.

An immigration visa requires a qualified petitioner. You would have to be her qualified petitioner. No qualified petitioner = no immigration visa because there is no "work around."

Getting married in her country does also no a good "work around" because marriage by itself is not a reason to grant a spousal visa. You will end up with a foreign spouse that can not come to the US.

Getting married on Skype would not solve the problem (even if it was possible for an immigration benefit - which it does not). Marriage to a US citizen does not mean a person is qualified for a visa. She would still be stuck outside the US because of your AWA problem.

There is ONLY ONE SOLUTION to your problem. Get an attorney to address the AWA problem. If you don't address it, then there is no way you can bring a wife to the US. Being married is not going to get her an immigration visa to live in the US as long as the AWA problem is present.

Edited November 3, 2015 by Jojo92122