K1 AWA

[Kristina92 1]

Hi everyone 🙂

 

This is my first time posting but I have been reading previous posts for a while now.

My fiancé (US citizen) and I were planning on starting our K1 visa but when I looked on the application form I saw it asked about criminal records etc which is when I found about the awa. My fiancé was convicted when he was 17 (now 31) and his crime would fall under that. So naturally we were heartbroken to find out the process of getting me over there will not be an easy one. I spent days and days and days crying and felt completely empty at the idea of not being able to be together. He wouldn’t be able to move here (the UK). After reading many posts I understand that the cost of this will be huge but we’re both willing and happy to pay whatever is needed. I have read about successful waivers and what evidence they provided with their NOID. I’m just wondering if anyone else has updates on their waivers that I may have missed and not seen? I’ve read many posts which don’t have any updates. For those of you who were denied, what did you do next? 
 

[JeanneAdil 6,491]

https://amcgaritylaw.com/the-adam-walsh-act-and-sponsoring-immigrant-relatives/#:~:text=AWA Convictions Are Broad&text=First%2C the term “specified offense,as kidnapping and false imprisonment.

 

read the part that starts NO RISK EXEMPTION

 

   There is no waiver or appeal available. Rather, there is an exception called a ‘no risk’ exception. Per a 2007 USCIS memo entitled the Aytes Memo, a USCIS officer may make a discretionary, non-reviewable determination that the U.S. citizen or legal permanent resident petitioner does not pose a risk to the immigrating relative, based on his or her AWA conviction. Factors include not just the nature and severity of the conviction (and the facts supporting the conviction), but also:

 

u may not have known about the AWA but your fiancee did and he should have fully discussed this with u when the close relationship started

Edited March 31, 2022 by JeanneAdil

[powerpuff 6,697]

There are no waivers for AWA; you’re at the mercy of USCIS and their decision. The approval rate for AWA cases is extremely low. 
 

“For years after its enactment, the USCIS has either outright denied or intentionally stalled thousands of family petitions that it determined to fall within its own AWA policy. By 2011, after several years of long delays, the USCIS denied virtually all AWA applications held at the agency for review since 2008. The agency reports that it receives 400-600 AWA application per year and boosts that it has denied 99% of all AWA family petitions received:

• In July 2013, USCIS reported receiving about 400 AWA cases in 2012, approving just two cases.
• In May of 2014, the agency reported that 601 cases were reviewed the prior year, with “fewer than 10” approved. The agency reports it reviewed approximately 2,500 cases since 2008.
• In July 2016 the agency reported reviewing approximately 340 cases the prior year, with approximately 1,300 cases pending review.  The agency declined to give statistics regarding approval rates.

from: https://fightawa.org/adam-walsh-child-protection-and-safety-act-of-2006/

 

You’ll need to prepare for a very long journey ahead. I’d also advise to work on plan B if the case is denied - there are no appeals for K1s. In which case you’ll probably need to look for a third country you both can reside in since UK wouldn’t be an option either. 

 

Edited March 31, 2022 by powerpuff

[JeanneAdil 6,491]

he would more than likely be denied entry into most countries

this guy served time for a crime and it would be pointed out the terms  of the AWA by his probation officer when he got out

not sure how this girl met him but he has many restrictions

i hope there are no children involved and she has not let him talk to any kids online or  a phone

 

However, sex offenders who committed child sex crimes will have a unique identifier on their passports. This identifier states that the person is a sex offender.Nov 17, 2021

[Genesisfan 10]

3 hours ago, JeanneAdil said:

he would more than likely be denied entry into most countries

this guy served time for a crime and it would be pointed out the terms  of the AWA by his probation officer when he got out

not sure how this girl met him but he has many restrictions

i hope there are no children involved and she has not let him talk to any kids online or  a phone

 

However, sex offenders who committed child sex crimes will have a unique identifier on their passports. This identifier states that the person is a sex offender.Nov 17, 2021

How did you verify if the guy served time?

the identifiers you speak about have not been implemented!

3 hours ago, JeanneAdil said:

he would more than likely be denied entry into most countries

this guy served time for a crime and it would be pointed out the terms  of the AWA by his probation officer when he got out

not sure how this girl met him but he has many restrictions

i hope there are no children involved and she has not let him talk to any kids online or  a phone

 

However, sex offenders who committed child sex crimes will have a unique identifier on their passports. This identifier states that the person is a sex offender.Nov 17, 2021

 

[JeanneAdil 6,491]

1 hour ago, Genesisfan said:

How did you verify if the guy served time?

the identifiers you speak about have not been implemented!

 

he is under AWA

means he was convicted of sexual  act on a minor

that means prison time / OP can correct this if she knows he got off with consuling and probation but its very very rare when it involves crime against a minor / and most 17 year olds are considered adults when sex crimes are the issue 

 

its not really a guess /  i volunterred for 2 years  as a PT in a NY state prison and one of the things i heard from the psychologist was sex offenders can not be cured 

I wrote a paper on that one 

as if a psych person can not help ANYONE of them,  its like admitting they can't help anyone thru anything/ they are useless

 

and under the AWA his passport has to be stamped as such/ no way around that one

 

[Genesisfan 10]

17 hours ago, Kristina92 said:

Hi everyone 🙂

 

This is my first time posting but I have been reading previous posts for a while now.

My fiancé (US citizen) and I were planning on starting our K1 visa but when I looked on the application form I saw it asked about criminal records etc which is when I found about the awa. My fiancé was convicted when he was 17 (now 31) and his crime would fall under that. So naturally we were heartbroken to find out the process of getting me over there will not be an easy one. I spent days and days and days crying and felt completely empty at the idea of not being able to be together. He wouldn’t be able to move here (the UK). After reading many posts I understand that the cost of this will be huge but we’re both willing and happy to pay whatever is needed. I have read about successful waivers and what evidence they provided with their NOID. I’m just wondering if anyone else has updates on their waivers that I may have missed and not seen? I’ve read many posts which don’t have any updates. For those of you who were denied, what did you do next? 
 

Our case falls under awa I am the  petitioner K-1 visa, we applied April 2019 case was transferred to Vermont July 2019. I received an order by mail to report to USCIS in April 2022 for biometrics. 

[TBoneTX 45,266]

A post has been removed for instigating an argument that takes away from the personal enjoyment of the Service by other users, as evidenced by a reaction to it (also removed).

[Genesisfan 10]

19 minutes ago, TBoneTX said:

A post has been removed for instigating an argument that takes away from the personal enjoyment of the Service by other users, as evidenced by a reaction to it (also removed).

I understand Mr.Tbone

i apologize if I offended or hurt anyone 

sincerely,

Genesisfan

[Ontarkie 14,218]

~~Hijack post removed. PLease start your own thread if you have questions~~

[Genesisfan 10]

We just take one day at a time praying &  remaining optimistic. The case is out of our control and up to USCIS to determine No-Risk for approval. Each case is based on its merits hopefully 

[Shanna23 0]

Update please 

[Ontarkie 14,218]

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