US Immigration from Afghanistan

I am an American citizen and petitioner of an I-130 for my wife who lives here. We DIY filed the I-130 in 2022, there were no questions about criminal history. I was asked to come for biometrics in 2023 which i thought was odd. There was no movement on our case until yesterday when i received a notice of intent to deny based on the Adam Walsh Act with an 87 day window to respond. I had no idea this law existed and so I am surprised and unprepared and have since read up on how doomed 99.995% of these cases are, So I called all of the AWA experienced attorneys I've seen listed in these forums after an exhaustive search for AWA cases here on VJ, each wants $100 for a consultation (ok sure) and there's a 2 month waiting period (I can't afford to wait). So it looks like I have to DIY file the NOID response. We didn't see any cases similar to mine on the forums so here's my situation.

Since everyone will ask, on the notice it listed the only arrest I've ever had - an indictment for two alleged serious crimes against a minor and a year later a follow up superseding indictment for two even more serious crimes against a minor - but it also listed in the NOID notice, within the very bullet point listing the indictments, that the final result/judgement was acquittal/not guilty in a trial by jury on all counts. At no time did I receive a punishment (other than a free 5 year all expense paid vacay through the criminal justice system and losing everything and everyone in total along the way) and my case was fully adjudicated at the time of the Jury's verdict after deliberating 45 minutes. At no time was I registered as a RSO or any kind of supervision or restitution. There are no other items hovering and this was about 14 years ago, but yes it was a very serious accusation with a potential for 35years each mandatory sentencing and consecutive sentencing if they wanted.

So, in the NOID letter it says I have the burden of proof to show that either - I am not subjected under the AWA -or- if I am I must show that i'm not a danger to my wife - obviously the former is my strategy. My plan is to venture to the courthouse and get several official copies each of the original indictment, the superseding indictment (where they added even more serious crimes), and the final judgement of not guilty for each count, sending by certified mail along with the cover letter they supplied and waiting.

My main question is - Am I making a serious mistake by DIY? It would seem to me that the official court documents would establish as a point of fact that the AWA doesn't apply to me since they're already aware I was found not guilty. Plus, it doesn't appear that any immigration lawyers with AWA experience are available for even a consultation much less representing me with all the ICE/Trump-mania in the news drumming up business.

Other general questions/concerns I have:

1. Do they like want a narrative too? Should I google how to do a brief or can only a lawyer do that? Would it be enough for a handwritten note saying, "Dear officer, I choose (1) i'm not subject to AWA, please see an abundance of proof attached"? Wouldn't the final judgement docs alone meet their burden of proof?

2. Should i get an FBI fingerprint check? (why when they apparently already know if you sneezed in High School and had it expunged and files incinerated) and I already had a FBI fingerprint a few years ago getting a conceal carry permit and it was empty)

3. While I'm at the courthouse do I ask for a Trial transcript? A letter from my inexperienced public defender? A psychologist? A lie detector? All these seem to me like requirements for someone that is subject to AMA and thus trying to prove they aren't a danger to their wife.

Thanks for any helpful replies VJ.

Hi all,

My fiance is in Afghanistan and due to no embassy there I transferred the case to Pakistan.

Now when putting the info in ustraveldocs account, it asks for phone numbers and mailing address, I am confused here. Do I put Pakistan phone number and address?? Does the embassy contact through phone?? If it's just through email then I could put his Afghanistan phone number and also for the passport since after the visa is issued he can pick the passport himself from given location then why ask for mailing address??? Someone plz help out or provide some guidance.. thanks alot

Hi,

I received this email

Can someone please guide me if I need to wait for other email or do I contact the embassy about the further process or to schedule interview??

The embassy is in Pakistan.

Hi everyone,

I am the USC who sent the I129F and it got approved from USCIS and went to NVC and got the case number in June of 2024. From there we were waiting when it gets transferred from NVC to the US embassy in Pakistan but in August I received an email saying that

Because Islamabad is not currently processing routine immigrant visa cases, the National Visa Center is holding your approved Form I-129F petition until they can do so.
We cannot predict when all visa services will resume, or when your case will be scheduled for an interview. However, when Islamabad is able to schedule your case, they will send you a notice with your appointment information.
Approved Forms I-129F have a 120-day expiration date from the date of approval by United States Citizenship and Immigration Service (USCIS).
* Once your designated embassy or consulate schedules your interview, a consular officer will revalidate your petition for another 120 days.
* You do not need to take any action for this revalidation to happen. However, you may need to provide evidence that you still qualify for the K-1 nonimmigrant visa.

and this same email I received it again in October. I believe there is nothing for me to do at this point till i get further notice but I still came here to ask so i don't miss something or make any mistake.

At this stage that my case is what are the further steps for me??? I know i have to gather evidence for affidavit of support and fill out DS160 but when should I do that (since there are so many opinions on this)?? If I submit DS160 now and it is valid for one year then what if it takes longer than that to schedule an interview, should i not do it now??

I know the post got long but can someone please help me out and also point out if I missed something.

Hello everyone. I am helping my brother apply for an Immigrant visa for his wife in Afghanistan. I was looking at the page for the filing fee and saw that it mentioned that the fee is $0 if it is filed on behalf of Afghan Nationals with "Immigrant Visa Immediately Available" and that expedited processing is also included? This might sound dumb, but I am confused as to what exactly that means. His wife was born in Afghanistan and has lived there her whole life and so I am not sure if this applies to her and the Fee will be waived for her. If anyone can help and clarify if his wife is eligible for what's been mentioned on the USCIS website I would greatly appreciate it.

I found the info for the fee listed here: https://www.uscis.gov/feecalculator?form=i-130

and this webpage mentions the expedited processing: https://www.uscis.gov/newsroom/alerts/uscis-continues-fee-exemptions-and-expedited-processing-for-afghan-nationals

Thanks