AWA Petition on school/tourist visa

[Springtx86 1]

So yea... I just found out about the AWA and not being able to petition for my future wife to stay in the US. The details are I am a RSO in Texas and I completed 5 years deferred probation about 3 years ago. I was 21 when It happened and I think I was 23 when i was sentenced. I met my girlfriend about a year ago and she is already in the US going to school. She also has a tourist visa. Her school is going to end in December and she will have to leave and return 3 or 4 months later using her tourist visa (and obviously only stay temporarily) or continue school to use her school visa. I planned to ask her to marry me but i just found out about the trouble with that. 

 

I have been reading and I am concerned that if I file a petition she will be forced to leave the country and both of her visas canceled. Is that going to happen if I file? I am really stressed out about this now! We're planning to get married and have a baby :-(

Edited July 25, 2017 by Springtx86

[Lemonslice 4,836]

You might want to start researching options to move to her country, or to a third country  - which country would be ok with your conviction, etc.  

[Boiler 45,484]

12 minutes ago, Lemonslice said:

You might want to start researching options to move to her country, or to a third country  - which country would be ok with your conviction, etc.  

I was thinking the same.

[Coco8 1,042]

There seems to be no way around it. Someone with the same problem posted a few months ago.

 

If she can continue school after December, as you mention, you can do that and see if you can move to her country. Maybe that is an option that would work for both of you.

[Springtx86 1]

I have an 8 year old son here in Houston that I cant just leave. So not really an option. If me filing is not possible then I wonder if there is any other way she can get legal status. 

Also she is from Venezuela so yea... Not moving there. I dont think I could even if I wanted to. 

[Ontarkie 14,221]

You need to consult an attorney. If you search on here you may find the very few who have had success. It's not easy and not fast and not something you can do alone. If there is any chance finding lawyer who knows the AWA and has success with these cases is a must. 

 

As for petitioning your gf now I would not risk it either. Get a lawyer to look at your case. 

[NigeriaorBust 4,087]

  Your options to move to another country may be limited because of your conviction ( just like needing a clear record to immigrate here other countries will want to weigh in on your past )  As mentioned there are big issues getting the waiver.  There have been a few successes here but they took years .

[Coco8 1,042]

27 minutes ago, Springtx86 said:

If me filing is not possible then I wonder if there is any other way she can get legal status. 

If she is studying with an F1, she will have an OPT to work for one or two years, depending on her major. Again, depending what she does, her employer could sponsor her a work visa and maybe eventually a green card. 

 

Is she in college in the US or is she an exchange student?

 

20 minutes ago, Ontarkie said:

You need to consult an attorney. If you search on here you may find the very few who have had success. It's not easy and not fast and not something you can do alone. If there is any chance finding lawyer who knows the AWA and has success with these cases is a must. 

 

As for petitioning your gf now I would not risk it either. Get a lawyer to look at your case. 

 

Maybe see if some of the people on VJ that were successful are able to give you their lawyer's contact information. 

 

Edited July 25, 2017 by Coco8

[Springtx86 1]

1 minute ago, Coco8 said:

If she is studying with an F1, she will have an OPT to work for one or two years, depending on her major. Again, depending what she does, her employer could sponsor her a work visa and maybe eventually a green card. 

 

Is she in college in the US or is she an exchange student?

 

 

She is in college here in the US. She has been looking into OPT but they said approval is taking 150 days right now and of course it isnt permanent. I hate myself right now. 

[Coco8 1,042]

6 minutes ago, Springtx86 said:

She is in college here in the US. She has been looking into OPT but they said approval is taking 150 days right now and of course it isnt permanent. I hate myself right now. 

It doesn't matter how long OPT takes to be approved. She can stay in the US while the application is pending. However, I'm surprised it takes 150 because it usually takes 90 days. 

 

She has to graduate in order to use the OPT. If she in a STEM field she will have 2 years of OPT.

 

Another thing she could do, depending on her parents funding, is to do a bachelor+Master combo. I've had students do that. They get much better jobs after so it might be easier to get a good job with the OPT that would then allow her to transition to a work visa. But it is just an idea. The good thing about the "combo" is that many universities allow for this without the need of applying for the Masters or taking GRE or any exam. You basically take classes for your BA and MA at the same time.

 

Maybe see if some of the people on VJ that were successful on getting AWA waiver are able to give you their lawyer's contact information. 

 

 

Edited July 25, 2017 by Coco8

[evli1966 88]

We had success using an attorney. It wasnt easy and it took 8 years. Speak with an experienced AWA attorney.

If she is good to.marry you then marry do not lwt her leave the country as you petition for the change in status cr1 (I think) during the adjudication she should be allowed to remain in the states.

 

My attorney fees were about $20k all together and I had to do most leg work for the required evidence.

[Springtx86 1]

1 hour ago, evli1966 said:

We had success using an attorney. It wasnt easy and it took 8 years. Speak with an experienced AWA attorney.

If she is good to.marry you then marry do not lwt her leave the country as you petition for the change in status cr1 (I think) during the adjudication she should be allowed to remain in the states.

 

My attorney fees were about $20k all together and I had to do most leg work for the required evidence.

Evli1966,

 

would you be willing to share any more information? Here or privately... I would like to hear your story. Maybe even get your attorney's contact information. 

[f f 725]

for those 8 years was your spouse allowed to stay in the country while it was processing?

[databit 328]

22 hours ago, Springtx86 said:

I have an 8 year old son here in Houston that I cant just leave. So not really an option. If me filing is not possible then I wonder if there is any other way she can get legal status. 

Also she is from Venezuela so yea... Not moving there. I dont think I could even if I wanted to. 

Do you have custody? If not, maybe living just across the border in Mexico could be an option. It's her language, and Mexico might be "convinced" to be more flexible about your past. 

[evli1966 88]

I am willing to answer specific question if I am able to do so.

 

If I have previously relayed our story.

 

Just say my past is not good and yes the AWA applied.

While I am not wealthy my work has allowed us to fight the failed AWA law.

(That's another topic to be discussed on appropriate forums)

 

FYI

We filed using a fiance visa so she lived in the Philippines for those 8 years and I maitlntsined a home there and here during that time.

 

I have heard it is easier filing for a married visa. Also, that if someone his currently here legally they can file for changr in status anf remain in the states during the adjudication process. Once a visa is approved a I131 travel document can be given while awaiting a green card. This would allow her to travel home and return.