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Adam Walsh Waiver KOA2 time line

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Filed: K-1 Visa Country: Thailand
Timeline

I filed a K-1 I-129F in august 2015. Received my KOA1 a week later. Still waiting for any response for the KOA2. It will be 5 months in Jan 2016. Does anyone have any information on how long the visa waiver for AWA takes??

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Filed: Timeline

Please type Adam Walsh into the search bar on VJ and read about other users experiences. The casual way you are asking about it implies that you have no idea what is involved and the probably negative outcome.

5 months for AWA is not even a drop in the bucket/ These cases take years and an attny is likely needed.

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Filed: K-1 Visa Country: Thailand
Timeline

Thank you for the response. Sorry if I did not fill in all the details. We filed almost 5 months ago. Prior to filing I have hired Alan Lolly from San Diego CA who is an expert on these AWA waiver. I have done countless research and have scanned VJ for the most recent experience's. My conviction is 20 years old and I have done my due diligence getting a therapy evaluation, etc. I do anticipate being denied but I plan to take my case to the highest court possible. I will not stop no matter what the cost. I was looking for specific situations, but it seems like the complete story is unavailable here.

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Filed: AOS (apr) Country: Australia
Timeline

It varies widely, think years not months.

Short outline: AWA affected our application 
2012 - married US Citizen from tourist visa (unplanned)

2013 - First application for AOS by marriage - with an attorney but not one with AWA experience

2013 - First NOID - Got Psych report and as much evidence as possible sent off

2015 - Denied

2015 - Reapply for AOS - same attorney but we are better versed this time 

2016 - NOID - new reports, fresh proof

2017 - Denied

2017 - Reapply 3rd time - yet more info provided

2018  - NOID - 3RD Psych assessment, at $3000 a pop

2021 - Denied

2021 - Reapply BUT with a change - we switch application from my husband as a sponsor to my eldest step-son and suddenly, no issues

2021 - RFE for Medical Exam only!
2024  Jan 13 - email from attorney to say we have finally been APPROVED


Give a man a fish and you feed him for a day. Teach him to use the Net and he won't bother you for weeks.

The day Microsoft makes something that doesn't suck is probably the day they start making vacuum cleaners

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Filed: K-1 Visa Country: Philippines
Timeline

Thank you for the response. Sorry if I did not fill in all the details. We filed almost 5 months ago. Prior to filing I have hired Alan Lolly from San Diego CA who is an expert on these AWA waiver. I have done countless research and have scanned VJ for the most recent experience's. My conviction is 20 years old and I have done my due diligence getting a therapy evaluation, etc. I do anticipate being denied but I plan to take my case to the highest court possible. I will not stop no matter what the cost. I was looking for specific situations, but it seems like the complete story is unavailable here.

Even with your 20 years due diligence, you still have to prove beyond any questionable doubt that you are 100% rehabilitated and that there is zero chance for you to harm anyone. If there is even a 0.000000000000000000000000000000000000000000000000000000000000000001% chance they believe you will harm someone again, you will be denied. Hence why these cases take years to overcome, if they even overcome at all. Not to sound grim, but based on what I read here and other sites, your chances of being approved are like less than 5%, and that's with a good lawyer!

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Filed: Country: Vietnam (no flag)
Timeline

Good luck with taking it to the highest court.

The US Supreme Court has already ruled that a US citizen does not have a right to appeal when the US government denies a visa to a foreign spouse. http://blog.constitutioncenter.org/2015/06/supreme-court-rules-against-spouses-visa-denial-challenge/

You are asking to bring a fiancée, an unrelated person. Not even a spouse.

Immigration is a privilege extended to the foreigner, not a right of the USC.

Edited by aaron2020
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Filed: K-1 Visa Country: Thailand
Timeline

Even with your 20 years due diligence, you still have to prove beyond any questionable doubt that you are 100% rehabilitated and that there is zero chance for you to harm anyone. If there is even a 0.000000000000000000000000000000000000000000000000000000000000000001% chance they believe you will harm someone again, you will be denied. Hence why these cases take years to overcome, if they even overcome at all. Not to sound grim, but based on what I read here and other sites, your chances of being approved are like less than 5%, and that's with a good lawyer!

Thanks for the response. Well, that is the major question here for sure. The attorney general is the one asking immigration to follow the AWA language which states "zero risk", however, this language is flawed. At issue is that no one is a zero risk and therefore the language in the AWA is unconstitutional. I will be addressing this language issue with my therapy evaluation. My therapist will establish that no on is zero risk, which will set me up for a reasonable appeal when my waiver is denied. The second problem is challenging this in court, another long battle. I have spent much time with my attorney on this subject as he is one of the most accomplished attorneys in the AWA waiver. Most attorneys are ill equipped to tackle this type of waiver, so many failures due to this. I refuse to give up or be negative because my circumstance is quite different, however, i do expect to receive a denial. I am planning on taking the final decision from the immigration to federal court where there are success stories. Bottom line, the law is wrong, we all know it, but to overcome it takes money, time, persistence, and faith. I am only inquiring on the timelines for these type of K-1 visas, thus my post on here.

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Filed: K-1 Visa Country: Thailand
Timeline

Good luck with taking it to the highest court.

The US Supreme Court has already ruled that a US citizen does not have a right to appeal when the US government denies a visa to a foreign spouse. http://blog.constitutioncenter.org/2015/06/supreme-court-rules-against-spouses-visa-denial-challenge/

You are asking to bring a fiancée, an unrelated person. Not even a spouse.

Immigration is a privilege extended to the foreigner, not a right of the USC.

Thank you for the response. If you read the decision by the supreme court, the issue at hand was "does a USC have a due process right to challenge the decision for denial: which was based on the Immigration law that found him involved as a know terrorist. I appreciate your comments but your a bit off base here. The issue does not revolve around a spouce or a fiance. Its about what is applicable in the law. The challenge should have been the reason for denial, not whether she had the right to. In my case, I will not be denied based on my foreign finance, there will be no issues with that. I will be denied based on the AWA which casts light upon myself as being the reason for denial. In fact, the AWA actually denies my ability to petition for foreign fiance, so I am required to request a waiver in order for me to do so. Sometimes when these decisions are released by the court, it can be easy to lump a whole lot of things into them. Due diligence is needed when reviewing any case decision and usually they are very specific, sometimes only allowing a successful challenge only to the individuals who appealed without changing the law entirely.

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Filed: AOS (apr) Country: Australia
Timeline

I wish you all the success in the world, and please keep us posted on your progress.

Short outline: AWA affected our application 
2012 - married US Citizen from tourist visa (unplanned)

2013 - First application for AOS by marriage - with an attorney but not one with AWA experience

2013 - First NOID - Got Psych report and as much evidence as possible sent off

2015 - Denied

2015 - Reapply for AOS - same attorney but we are better versed this time 

2016 - NOID - new reports, fresh proof

2017 - Denied

2017 - Reapply 3rd time - yet more info provided

2018  - NOID - 3RD Psych assessment, at $3000 a pop

2021 - Denied

2021 - Reapply BUT with a change - we switch application from my husband as a sponsor to my eldest step-son and suddenly, no issues

2021 - RFE for Medical Exam only!
2024  Jan 13 - email from attorney to say we have finally been APPROVED


Give a man a fish and you feed him for a day. Teach him to use the Net and he won't bother you for weeks.

The day Microsoft makes something that doesn't suck is probably the day they start making vacuum cleaners

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Filed: Citizen (apr) Country: Ecuador
Timeline

Some posts that threatened to derail the thread have been removed. Thanks to all for remaining on the track.

VJ Moderation

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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  • 4 months later...
Filed: Citizen (apr) Country: Ecuador
Timeline

A post about a separate case has been split from this thread, left here in the IMBRA forum, and given the topic title "Belated AWA Problems; Will This Plan Work? [split topic]."

VJ Moderation

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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