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Posted (edited)
5 minutes ago, florida racer 73 said:

Just a question, does the AWA come into play when the couple are married and filing for a CR1? Can you get married and proceed that way? I am just trying to offer suggestions

 

Yes it does.

 

Here is a case where they had success with a spouse visa. It took a long time but they got there:

 

 

Edited by JFH

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

Posted
1 minute ago, wwln said:

his life is here in the USA, :(

I get that but if the USA is not going to approve the petition you need a back-up plan or two. 

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

Posted
7 minutes ago, florida racer 73 said:

Just a question, does the AWA come into play when the couple are married and filing for a CR1? Can you get married and proceed that way? I am just trying to offer suggestions

 

we wanted to get married, also planned a wedding date, but before the wedding date, the lawyer informed us that our case falls AWA, so he said he cannot take the case and introduced us to other lawyers, everything we have to start over again, we are very frustrated and helpless, my fiance(bf) even blamed himself a lot, and we are very painful just by thinking not being with each other...

Posted
17 minutes ago, Dutchster said:

As far as I know it's fairly to extremely difficult to receive an AWA waiver but you really need a good attorney who is specialized in cases that fall under the Adam Walsh Act. The USC has to proof he is not a risk to you. 

we are worried because the lawyer said there is 99% will get denied, this almost makes us lose all faith..

Posted
17 minutes ago, canadian_wife said:

Yes AWA applies for married couples filing for a spousal visa.

 

Otherwise what would be the point of the law?  All would simply get married and bypass the Act all together.

 

Good luck to all. 

we are not married yet, we dont dare to married by this situation.. scared us a lot.  still thinking what we should do..

Posted

Like JFH already mentioned it too; you might just want to start planning Plan B. If you want to be together, and it can't be in the US, your fiance needs to make his sacrifice in the relationship and move somewhere outside the US with you. 

01/13/2016: I-129F filed  07/15/2016: K-1 visa in hand
10/13/2016: Filed AOS + EAD/AP.   07/07/2017: Permanent resident (Conditional)
04/16/2019: Filed ROC  11/17/2020: Approved. (10 yr GC)

 

Naturalization                                                        
09/02/2020: Filed (Online)    09/08/2020: NOA1: (NBC
10/22/2020: Biometrics Reuse Notice.  12/22/2020: Online Status Changed to Interview Was Scheduled.  
01/29/2021: N-400 Interview - PASSED! 01/29/2021: Same-day oath ceremony.  

'Merica. 

Posted

Agreed with others on having a back up plan.

 

You can still be together. It just will not likely be in the US. Many people have left the US to be with their loved ones. 

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

Filed: K-1 Visa Country: Wales
Timeline
Posted

Another vote for Plan B.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted
22 hours ago, wwln said:

i know its very difficult now by reading a lot of articles,  we dont know what to do for now, we are very painful everytime think of our lives cannot be together because of the law, we don't want to break up and we dont know what to do..

It's not really just because of the law, though is it. It's also because of the crime he committed. The law is there to protect people, such as yourself. 

I would think if you are still intent on pursuing this relationship, he'd better be the one to immigrate, if that's possible.

I can explain it to you. But I can't understand it for you.

Posted
5 hours ago, Dutchster said:

Like JFH already mentioned it too; you might just want to start planning Plan B. If you want to be together, and it can't be in the US, your fiance needs to make his sacrifice in the relationship and move somewhere outside the US with you. 

he cannot leave America because he still need to be checked once a year by the police, at least still have 5 years to be checked.

Posted (edited)
41 minutes ago, cdneh said:

It's not really just because of the law, though is it. It's also because of the crime he committed. The law is there to protect people, such as yourself. 

I would think if you are still intent on pursuing this relationship, he'd better be the one to immigrate, if that's possible.

he confressed his crime to me when he made sure he wanted to marry me, so i knew his crime, i still want to marry him because that the crime was over 20 years ago, and he already very very regret what he did (and the crime is acceptable for me), living together almost 6 months in the USA, we are very happy everyday,  what i know he now is a sincere and very responsable man, i am a better person when i am with him, i learn so much all here, because of him,  i have no any children, and he had the surgery cannot have more children either,  we dont want to adopt any children as well,  he took good care of me, i met all his family members many times already, he himself didnt know that the crime he committed 20 years ago would affect the now situation, 

Edited by wwln
Posted (edited)
25 minutes ago, wwln said:

he cannot leave America because he still need to be checked once a year by the police, at least still have 5 years to be checked.

Is he out on parole or supervised release? Or is that a mechanism of oversight? He could consult a lawyer about whether he can move, but it will depend on his situation. 

 

Also, for AWA waiver, he needs to start going to therapy.

 

5 hours ago, wwln said:

we are worried because the lawyer said there is 99% will get denied, this almost makes us lose all faith..

That is because 99% of the cases get denied. It is probably like 99.9%

 

 

Edited by Coco8
Posted
25 minutes ago, wwln said:

he cannot leave America because he still need to be checked once a year by the police, at least still have 5 years to be checked.

Moving elsewhere may not really be an option either, as part of AWA requires RSO's to report international travel 21 days beforehand. ICE then informs the destination country of the travel plans, then the destination country may refuse entry.

I can explain it to you. But I can't understand it for you.

Filed: K-1 Visa Country: Wales
Timeline
Posted

The thing to check is if he would be eligible to move to your country.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

 
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