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Denied because of Adam Walsh

By Midwesterner in IR-1 / CR-1 Spouse Visa Process & Procedures

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NikLR Grand Master

NikLR   13,227

Posted
Filed: Lift. Cond. (apr) Country: Canada
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Posted

It may not have been life changing for someone else.  An AWA can be as simple as peeing on a fence by an elementary school at 1am to a child rapist.  Because the OP's spouse has full custody of their own son, it likely isnt the latter (hopefully.)  But regardless, whatever caused the AWA denial is not a DIY process.  It is fully in the realm of a very good attorney and the realization of the OP that living in the USA will not happen anytime soon if at all.  Serious conversations need to be had.  It is way beyond the scope of this forum.  We cannot help because no one is in a similar postition.  

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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NikLR
NikLR

Not diy.  Stick with the lawyer and prepare to never live in the USA. 

JFH
JFH

They run a full FBI background check on the petitioner. They find everything. So something must have been recorded on his file for them to find it. AWA denials are not given lightly. Was your I-130 tr

dentsflogged
dentsflogged

And if it was a denial on AWA basis, then it's aboslutely something OPs wife should have been told about before they married.  As a poster above pointed out, AWA denial isn't done frivolously and with

Curiousmind Enthusiast

Curiousmind   84

Posted
Filed: IR-1/CR-1 Visa Country: Jamaica
 Timeline
Posted

The Adam Walsh Act ("AWA") bars a US citizen convicted of a "specified offense" against a minor from petitioning for their relative's Lawful Permanent Residence ("LPR") status. These cases can be difficult to get approved and it is not uncommon for US Citizenship and Immigration Services ("USCIS") to issue a denial even when there is strong case. The question then becomes what is the next step and there are essentially four options: 1) give up, 2) refile, 3) appeal to the Board of Immigration Appeals ("BIA") and the District Director for USCIS, or 4) file a Federal Court Action.

 

https://www.avvo.com/legal-guides/ugc/what-to-do-if-your-immigration-petition-is-denied-due-to-the-adam-walsh-act-

Consulate : Jamaica
Marriage (if applicable): 2016-12-24
I-130 Sent : 2017-06-13
I-130 NOA1 : 2017-06-16
I-130 RFE :  
I-130 RFE Sent :  
I-130 Approved : 2017-12-05
NVC Received : 2018-01-19
Received DS-261 / AOS Bill : 2018-01-03
Pay AOS Bill : 2018-01-03
Receive I-864 Package :  
Send AOS Package : 2018-01-12
Submit DS-261 : 2018-01-02
Receive IV Bill : 2018-01-09
Pay IV Bill : 2018-01-09
Send IV Package : 2018-01-13
Receive Instruction and Interview appointment letter : Pending
Case Completed at NVC : 2018-02-20
NVC Left : Pending
Consulate Received : Pending
Packet 3 Received : Pending
Packet 3 Sent : Pending
Packet 4 Received : Pending
Interview Date : April 27, 2018
Interview Result :
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Ryan H Grand Master

Ryan H   3,812

Posted
Filed: Lift. Cond. (apr) Country: China
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Posted (edited)

***Thread closed to additional discussion; the OP has been given proper answers and other posters chose derail the thread through inappropriate topic areas.***

Edited by Ryan H

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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