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Samer78

Beating AWA Again

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Filed: Timeline

When I first joined VisaJourney in 2014, I was kind of skeptical about gaining any knowledge, directions or thoughts about how I proceed with my AWA case. I read a lot of threads related to AWA, the more I read the less hope I have because all I hear here is negativity, and cases being denied not until I ran into Angie Y Shane story and started to think in a positive way.  I said if it works for them, then it should work for me if I do my own research, and this is what I started with:

 

* I read almost every single denied case (learning from others mistakes)

* Learning about what are the necessary documents needed to overcome AWA

 

Summary: From the two bullet points above I learned the following:

1. Be honest about your story.. do not hide anything (tell the beneficiary the truth)

2. Admit your mistakes and do not try to give excuses about what had happened in the past

3. Send as many supporting documents as you and be creative, do not stick only to the same list

Ex. (Community Services, Donations, Letters of supports, pictures, polygraph, psychological report, certificate of recombination, resume, phone logs, airplane tickets) and more and more 

4. And definitely hire a good lawyer who have worked on similar cases to yours.

 

FYI:  I received 1-797 notice of approval yesterday  5/3/2018

 

Shutout to everyone who gave us such a valuable information on this site, and wish everyone a good luck..... 

 

 

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Filed: Citizen (apr) Country: Canada
Timeline

~~Moved to IMBRA Special Topics, from Site Discussion - As similar threads are discussed here.~~

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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Filed: Timeline

@AZ 2010

 

Thanks for your comment. Below is the complete list of evidence I provided USCIS  with :

 

1. Three letters of Affidavit from my two brothers and sister  ( it should be from people who knows about your offense)

2.  One letter written by me (Stating all the facts about what had happened, and explaining on what I learned from my past mistakes)

3. One letter written by my wife ( Stating that she knows about my offence, and how she thinks that I pose no danger to her)

4. A copy of my Freedom of information act

5. Our marriage certificate 

6.  More than 20 pictures of  ( me and my wife) and each one has a description when the picture is taken/ where it was taken/ and identifying all the people in picture

7.  psychological report

8. Polygraph test

9. Certificate of  recognition from my employer

10 Thank you later and award from my manager

11.  Community services ( From the past 6 years) pictures and letters 

12.  Donations ( From the past 6 years)

13.  Phone logs  that shows me and my wife talking almost single day

14. Airplane tickets ( flying out to her place)

 

 

Let me know if you have any questions and good luck to you.

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My AWA was denied, i was told that i did not provide enough proof that i dont  " pose a risk" to my spouse. But i dont know how? When i was 20 i accidentally had an underage girlfriend that was 15, i admitted all this as fact.  I served no jail time, just had probation and RSO registry for consensual sex with a minor.   But yet they denied me as " no proof that you don't pose any risk"  But i can't figure out " whom" i would pose a risk to?  2 married adults,  whats the risk?  We submitted a polygraph test, psychology reports, letters from friends and family.  That was almost 17 years ago and i never had so much as a speeding ticket since . 

 

So whats the key? or answer ?    They say " prove you as an adult dont pose a risk to your adult wife "  But risk for what? Consensual sex with adults? I don't get it.  Are you still on the RSO registry? How long? What were you charged with ?  "certificate of recombination"  What is that?   Can you advise me what lawyer you used?

 

My questions 

 

1. How long ago was your " crime"

2. Are you still on the RSO registry? 

3. How long have you been married to your spouse? and what country is she from?

4. Your profile says michigan and i believe they didn't follow the adam walsh act right? So many people did not have to continue to register past the original time they were assigned, right? 

Edited by JustCantWin
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  • 2 weeks later...
On 5/11/2018 at 3:52 AM, JustCantWin said:

My AWA was denied, i was told that i did not provide enough proof that i dont  " pose a risk" to my spouse. But i dont know how? When i was 20 i accidentally had an underage girlfriend that was 15, i admitted all this as fact.  I served no jail time, just had probation and RSO registry for consensual sex with a minor.   But yet they denied me as " no proof that you don't pose any risk"  But i can't figure out " whom" i would pose a risk to?  2 married adults,  whats the risk?  We submitted a polygraph test, psychology reports, letters from friends and family.  That was almost 17 years ago and i never had so much as a speeding ticket since . 

 

So whats the key? or answer ?    They say " prove you as an adult dont pose a risk to your adult wife "  But risk for what? Consensual sex with adults? I don't get it.  Are you still on the RSO registry? How long? What were you charged with ?  "certificate of recombination"  What is that?   Can you advise me what lawyer you used?

 

My questions 

 

1. How long ago was your " crime"

2. Are you still on the RSO registry? 

3. How long have you been married to your spouse? and what country is she from?

4. Your profile says michigan and i believe they didn't follow the adam walsh act right? So many people did not have to continue to register past the original time they were assigned, right? 

Have you sought the advice of an immigration lawyer who specializes in such cases? AWA cases are extremely difficult and usually not a "DIY" job. 

 

Just FYI there's no such thing as consensual sex with a minor. I know that she may have said yes to you, may even have initiated it. I was a 15-year-old girl once and we all know that many 15-year-olds are sexually active and look and behave much older than they really are and think they know everything. But, legally speaking, someone below the age of consent cannot consent. Maybe that's the issue you are facing? You are "justifying" your actions because you believe it was consensual. At 20, you were expected to know better than the 15-year-old and understand that no matter how much she begs and pleads you to go to bed with her, she cannot lawfully consent. Your use of inverted commas around the word "crime" suggests you do not feel you've done anything wrong. Maybe that's what's coming through on your psych evaluations? Just a thought. You will note that the OP, who was approved, stated that he admitted his crime and gave no excuses. That's the difference I see between the two posts. 

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!

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No, i listed it as " consensual sex with minor" because thats completely different from " non consensual sex "  They have different classifications at the legal level which should make a huge difference with immigration . Its not making " excuses" its just stating the facts that they are categorized differently at the legal level. Example " Rape 1" is non consensual rape with anyone of any age.  Rape 2 is consensual sex with a minor,   Clearly #1 is worse than #2 so they have different punishments and classfications.   yes i had an attorney, he did a poor job of doing anything to help me.

 

I have admitted my mistake . But i feel its beating a dead horse at this point. You list your home as the UK, which has 16 as the age of consent. But in America the age can often be 17 or 18 for consent. Different places, different rules 

 

Edited by JustCantWin
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  • 3 months later...
Filed: K-1 Visa Country: Thailand
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On 5/4/2018 at 10:55 AM, Samer78 said:

When I first joined VisaJourney in 2014, I was kind of skeptical about gaining any knowledge, directions or thoughts about how I proceed with my AWA case. I read a lot of threads related to AWA, the more I read the less hope I have because all I hear here is negativity, and cases being denied not until I ran into Angie Y Shane story and started to think in a positive way.  I said if it works for them, then it should work for me if I do my own research, and this is what I started with:

 

* I read almost every single denied case (learning from others mistakes)

* Learning about what are the necessary documents needed to overcome AWA

 

Summary: From the two bullet points above I learned the following:

1. Be honest about your story.. do not hide anything (tell the beneficiary the truth)

2. Admit your mistakes and do not try to give excuses about what had happened in the past

3. Send as many supporting documents as you and be creative, do not stick only to the same list

Ex. (Community Services, Donations, Letters of supports, pictures, polygraph, psychological report, certificate of recombination, resume, phone logs, airplane tickets) and more and more 

4. And definitely hire a good lawyer who have worked on similar cases to yours.

 

FYI:  I received 1-797 notice of approval yesterday  5/3/2018

 

Shutout to everyone who gave us such a valuable information on this site, and wish everyone a good luck..... 

 

 

When did you submit your I-129f?

Did you retain a lawyer to prepare your documents?

Did you get an RFE?

Please share your process, my case fall under AWA lewd conduct with a minor over 10yrs ago no other convictions on my FBI report.

i retaIned a Immigration Attorney to prepare our case & we will be submitting I-129f soon.

Somcerely,

heartbroken. 

Edited by Genesisfan
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  • 2 months later...
Filed: K-1 Visa Country: Thailand
Timeline
On 5/4/2018 at 10:55 AM, Samer78 said:

When I first joined VisaJourney in 2014, I was kind of skeptical about gaining any knowledge, directions or thoughts about how I proceed with my AWA case. I read a lot of threads related to AWA, the more I read the less hope I have because all I hear here is negativity, and cases being denied not until I ran into Angie Y Shane story and started to think in a positive way.  I said if it works for them, then it should work for me if I do my own research, and this is what I started with:

 

* I read almost every single denied case (learning from others mistakes)

* Learning about what are the necessary documents needed to overcome AWA

 

Summary: From the two bullet points above I learned the following:

1. Be honest about your story.. do not hide anything (tell the beneficiary the truth)

2. Admit your mistakes and do not try to give excuses about what had happened in the past

3. Send as many supporting documents as you and be creative, do not stick only to the same list

Ex. (Community Services, Donations, Letters of supports, pictures, polygraph, psychological report, certificate of recombination, resume, phone logs, airplane tickets) and more and more 

4. And definitely hire a good lawyer who have worked on similar cases to yours.

 

FYI:  I received 1-797 notice of approval yesterday  5/3/2018

 

Shutout to everyone who gave us such a valuable information on this site, and wish everyone a good luck..... 

 

 

 

Just now, Genesisfan said:

 

May I ask what your were convicted of AWA?

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Filed: Citizen (apr) Country: Ecuador
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The OP hasn't logged on since July.  If he returns, he can answer via PM.

Old thread is now closed to further comment.

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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