Decision

[SalishSea 17,534]

41 minutes ago, JackandEdna2019 said:

Oh I see! I don't see why they'd deny my petition as I submitted more than enough evidence for my petition. Plus wouldn't they just deny it if they were going to deny it!  Thanks for the heads up!

Was there an Adam Walsh class crime in the petitioner’s background?   Having biometrics and the petition sent to Vermont would point to that, which would raise the likelihood of a denial.

[JackandEdna2019 12]

39 minutes ago, Jorgedig said:

Was there an Adam Walsh class crime in the petitioner’s background?   Having biometrics and the petition sent to Vermont would point to that, which would raise the likelihood of a denial.

Yes, but it was dismissed and I already talked to USCIS about that before applying. It doesn't necessarily mean they will deny it, especially if you have the appropriate documents to back it up and also its up to the discretion of the officer reviewing my case.

[JackandEdna2019 12]

1 hour ago, Jorgedig said:

Was there an Adam Walsh class crime in the petitioner’s background?   Having biometrics and the petition sent to Vermont would point to that, which would raise the likelihood of a denial.

I was never convicted of the original charge. I plea bargain in order for them to dismiss the original charge and all I got was misdemeanor battery. 

[JackandEdna2019 12]

3 hours ago, JackandEdna2019 said:

I was never convicted of the original charge. I plea bargain in order for them to dismiss the original charge and all I got was misdemeanor battery. 

Why sad?

[mari04 100]

It is definitely not an approval. Can be denial or RFE? Getting denied at this stage happens only if they discovered that one of you is not free to marry or do not meet 2 year Meeting rule. I cannot imagine any other reason. 

[JackandEdna2019 12]

38 minutes ago, mari04 said:

It is definitely not an approval. Can be denial or RFE? Getting denied at this stage happens only if they discovered that one of you is not free to marry or do not meet 2 year Meeting rule. I cannot imagine any other reason. 

It's not a denial, but maybe an RFE. However, we are both free to marry and we have met 3 times in the last 3 years, but twice this last year so it's not for those reasons. 

[Sarge2155 4,584]

6 hours ago, JackandEdna2019 said:

Yes, but it was dismissed and I already talked to USCIS about that before applying. It doesn't necessarily mean they will deny it, especially if you have the appropriate documents to back it up and also its up to the discretion of the officer reviewing my case.

 I would not get my hopes up to high and ready yourself for a possible unfavorable outcome. When there is just the mention of a Adam Walsh incident in a case that case gets extra attention and it usually does not end well! But you never know. I hope everything turns out as you envision!

[JackandEdna2019 12]

28 minutes ago, Sarge2155 said:

 I would not get my hopes up to high and ready yourself for a possible unfavorable outcome. When there is just the mention of a Adam Walsh incident in a case that case gets extra attention and it usually does not end well! But you never know. I hope everything turns out as you envision!

I was never convicted of a AWA crime. I was arrested but the original charge was dropped in exchange for a plea bargain to a lesser offense being misdemeanor battery. But yeah, I'm not getting my hopes up, however, I talked to uscis before I ever filed my petition more than 2 years 4 months and 27 days ago, and they told me to make sure that I provide plenty of documentation for any past criminal history, which I did and it is up to the sole discretion of the officer adjudicating my case.

[Lemonslice 4,722]

14 minutes ago, JackandEdna2019 said:

I was never convicted of a AWA crime. I was arrested but the original charge was dropped in exchange for a plea bargain to a lesser offense being misdemeanor battery. But yeah, I'm not getting my hopes up, however, I talked to uscis before I ever filed my petition more than 2 years 4 months and 27 days ago, and they told me to make sure that I provide plenty of documentation for any past criminal history, which I did and it is up to the sole discretion of the officer adjudicating my case.

Did the plea bargain have you admitting to the other offence?  Sorry, no idea how this works.  

"Talking to USCIS", who did you talk to, their main telephone line, or legal counsel?

[JackandEdna2019 12]

17 minutes ago, Lemonslice said:

Did the plea bargain have you admitting to the other offence?  Sorry, no idea how this works.  

"Talking to USCIS", who did you talk to, their main telephone line, or legal counsel?

No, I never admitted guilt to any charge. The DA offered to dismiss the original charge in exchange for a guilty plea of misdemeanor battery.  Besides they had no physical evidence against me and I never gave a statement to any officer or anyone for that matter and I think another reason they dropped the original charge is bcs the victim lied several times and kept changing her story and she admitted to lying so I think they figured if it went to a jury trial they couldn't prove beyond a reasonable doubt the original charge bcs they didn't have a credible witness.  When I talk to USCIS,  I always spoke with tier 2 or tier 3 bcs tier 1 is just basic support.  They don't have access to a lot of the stuff tier 2 and tier 3 have. 

[SalishSea 17,534]

2 minutes ago, JackandEdna2019 said:

No, I never admitted guilt to any charge. The DA offered to dismiss the original charge in exchange for a guilty plea of misdemeanor battery.  Besides they had no physical evidence against me and I never gave a statement to any officer or anyone for that matter and I think another reason they dropped the original charge is bcs the victim lied several times and kept changing her story and she admitted to lying so I think they figured if it went to a jury trial they couldn't prove beyond a reasonable doubt the original charge bcs they didn't have a credible witness.  When I talk to USCIS,  I always spoke with tier 2 or tier 3 bcs tier 1 is just basic support.  They don't have access to a lot of the stuff tier 2 and tier 3 have. 

Past charges/arrests that are dismissed or reduced in 'real life' can remain grounds for a denial when it comes to K-1 visas.  AWA is in a special class and you may find that you'll have better luck going the CR-1 route.

47 minutes ago, JackandEdna2019 said:

I talked to uscis before I ever filed my petition more than 2 years 4 months and 27 days ago, and they told me to make sure that I provide plenty of documentation for any past criminal history, which I did and it is up to the sole discretion of the officer adjudicating my case.

Keep in mind that USCIS does not offer any legal advice.

[Sarge2155 4,584]

2 hours ago, JackandEdna2019 said:

I was never convicted of a AWA crime. I was arrested but the original charge was dropped in exchange for a plea bargain to a lesser offense being misdemeanor battery. But yeah, I'm not getting my hopes up, however, I talked to uscis before I ever filed my petition more than 2 years 4 months and 27 days ago, and they told me to make sure that I provide plenty of documentation for any past criminal history, which I did and it is up to the sole discretion of the officer adjudicating my case.

Let's  hope it works  out for the best!

[alicehosten 0]

I have a similar situation! So much time wasted on data verification (((

[JackandEdna2019 12]

5 hours ago, alicehosten said:

I have a similar situation! So much time wasted on data verification (((

So are you still waiting for a decision on your case or did you receive an approval already?

[alicehosten 0]

While I'm still waiting! But while other things have appeared)))