K1 AWA waiver APPROVAL & advice

[G & P 6]

Hello, I thought I would share my experience for the K1 AWA waiver up to now, where we are waiting on our AOS interview. Given that I'm an AWA filer, and that my now wife is from Iran - it seemed like a long shot.  So far, love has prevailed and we're waiting on our AOS interview. 

 

First of all, obtaining the AWA waiver is a tall order.  Before beginning our visa journey, we consulted with several immigration attorneys, all of which had consensus that close to 90% of AWA-type visa applications are denied.  We settled on a high-profile immigration attorney out of New York will extensive experience obtaining AWA waivers ~$10,000.   I will give you the facts based on my wife and I's experience.  At a high-level you MUST hire an immigration attorney that is VERY well-versed in navigating AWA waivers, and you MUST go to the ends of the earth and exhaust every resource to demonstrate that you pose NO RISK to her.  

• My offense was in 2012 and involved a lewd picture sent over the internet to a police officer.  It was a victimless crime w/mitigating circumstances which lessened the negative impact.  I had to do 18 months of probation + counseling.  That said - I take responsibility for my actions and have learned from them, and made myself into a better person. 
• I met my fiancee online and traveled overseas three times to see her and her family, as well as attended her k1 interview with her in Ankara, Turkey. 
• You have to have met in-person at least once or twice in two years to be eligible to apply for the K1. 
• We saved all of our dated and time stamped chat/video logs from the first day we met, letters, pictures spanning the time we had been together, videos, social media accounts, plane tickets, hotel reservations, mail receipts, tickets to events, etc. etc. to prove our relationship. We put these in a chronologically ordered scrap-book, send a copy to USCIS with the application, and took the original to the visa interview. 
• We had sworn affidavits written from my family, her family, and friends.  Pages-long affidavits supporting that I am "no-risk" to her and that our relationship is bona-fide, that they all know about my offense and that they believe not everyone should be judged on one poor choice, and that I'm a genuinely good person.  You REALLY need to have these people write pages about you in a good light.  A few sentences or just a paragraph isn't going to cut it. The affidavits should also state the writer's relationship to you, how long they've known you, how well they know, etc., in addition to the above. 
• We had sworn affidavits written from a minister that we know attesting that I am no risk to her and that our relationship is bona-fide. 
• We wrote sworn affidavits ourselves telling our life story, how much we love each other, attesting that I am no-risk to her and that she understands the crime that I committed that still loves me despite it. 
• We had my counselor write a letter stating that I successfully completed the program and that I am no-risk to her, society, etc. 
• I took two polygraph exams one prior to my counseling, and one after my counseling that demonstrated that I take responsibility for my actions, had committed no subsequent offense, and that I was no risk to her.
• Sent a couple years worth of tax returns, pay stubs, and an employer letter to demonstrate that I meet the financial requirements to support us. 
• We had my probation officer write a letter that I had completed the program with no issues (she wouldn't write anything else because she wasn't allowed to per department policy). 
• We sent copies of our degrees, certifications, employment resumes, hobbies, etc. for good measure. 

 

I hope this helps you.  Please remember that every single case is different.  I wish you the best and cannot stress enough that if you try to tackle this alone, or if you fall short in demonstrating that you are no-risk or that your relationship is bona-fide, that it will likely result in a denial. 

 

Regards, and good luck. 

Edited December 14, 2017 by G & P

[G & P 6]

edit: we also sent a certified copy of the court disposition, sentencing, completion, etc. We DID NOT send a copy of the 'complaint' document as this is probably the most negative thing that you could provide.  We figured that USCIS was going to do a background check and find the conviction, and that if they really wanted the 'complaint' document, that they would RFE us for it.  They never asked. 

[AMManilla 1]

Greetings G&P

 

I wanted to first thank you for sharing your story! I understand how difficult a issue like the AWA can be to talk about. especially when it is abused by the USCIS for its unintended design. That being said i have a similar issue from when I was 17 years old this case was a 4th degree sexual assault  misdemeanor. It was a long time ago, and the court records were expunged due to me being a minor. However I am very wary of the k1 visa being ruined by my past actions. I humbly request information for contacting a appropriate AWA Waiver attorney.

 

Regards, AMManilla

[geowrian 22,337]

7 hours ago, AMManilla said:

especially when it is abused by the USCIS for its unintended design.

For clarity, USCIS is not using anything for its unintended design. They are required to do so by law as part of the Adam Walsh Act itself. They would be in violation of the law if they did not enforce it.

[G & P 6]

You must have a good immigration attorney to fight the AWA battle, and be prepared to do 90% of the legwork yourself. You can Google attorneys with AWA experience. The run of the mill immigration attorney is not going to be sufficient. IM me for a list of attorneys that I know of to be experienced with AWA & immigration. Also be prepared for the financial commitment. Our retainer was $5000 not including responding to RFEs or NOIDs. Plus another few thousand for psych evals, polygraph, application fees, travel, etc. Refer to my list of evidence in my original post.

[TBoneTX 45,654]

Thread is moved from the K-1 Process forum to the IMBRA subforum.

A post was split from this thread and is titled "Awaiting K-1 AWA Waiverb  [split topic]."

Edited April 16, 2018 by TBoneTX

[Aliny 0]

Hey! Thank you for the information. Would you be able to give me the contact of your attorney? Or if anyone would have AWA waiver specialized lawyers to recommend me I would REALLY appreciate it!

[TBoneTX 45,654]

The OP hasn't logged on to VJ since April 2018.

Old thread is closed to further comment.