Happy_go_lucky

I have some news: My partner found out that his incident date was prior to his 14th birthday, so technically, the Adam Walsh Act would not apply. However, we are still unsure about it since he got convicted when he was 14.

I see! What do you mean by "...and we'd go from there"? Your plan is now that the both of you start a life in Canada and then visit family/friends in the US occasionally?

I am the beneficiary (from Germany) without any criminal record, my partner is the petitioner (US citizen) with a criminal record which is an AWA related conviction at the age of 13/14 as a result of a plea deal. He had to register for 10 years after that. So, I believe it is a lost case in our situation.

Interesting information, thank you! Where did you get that information from that juvenile offenses don't show up if expunged correctly? And what does "correctly" mean?

Ah, I am in the exact same spot! We are also trying to find out when exactly the crime occurred since it was either shortly before he turned 14 or shortly after. The case is expunged and it was 30 years ago aka memory is blurry about the exact dates, so he is working on getting the records. I have checked for Germany and over here, his juvenile crime 30 years ago is not going to matter at all. So, maybe a European country could do the trick for the two of you?! Ah, we also thought about Canada since we have friends/social network there! So you are thinking about becoming a permanent resident in Canada and then she can follow you there? What do you mean by "have a strong visa to visit the US with me"?

Hello there! I am in a similar situation with my US partner who was involved in a crime that triggers AWA, also when he was 14 years old. I have done extensive research on this topic and can confirm what others have already said here: Sealed and expunged records will show up for USCIS. It won't matter whether you apply for a K1 or a CR1 visa. I have talked to many attorneys and all have confirmed the same thing: It is very difficult to get approved with such a history. You could also consider other ways of immigration (work visa?) or moving to your partner's country. Good luck!

Thank you so much for your reply, Boiler! Yes, the approval rates are devastatingly low and it makes you wonder whether you should actually spend 20-30k for the whole process that could take 5-10 years. Germany is a possibility.

Hello there! I am new to the forum but have been a quiet reader so far. Actually, it is my first time posting in any kind of forum, so I hope things will go okay and please forgive me if I make any "newbie mistakes"! I know there have been some threads about the Adam Walsh Act Waiver already but most of them are older ones and I am hoping to find some people who are in this situation right now to maybe connect and share some information and experiences with! My story: I met my US boyfriend in 2012 while we were both studying for our BA degrees in the US. We started a relationship, he followed me to Germany (on a student visa)... but we broke up eventually because I felt not ready to marry him/do all the paperwork and effort it takes to either live together in the US or in Germany permanently. Fast forward to today, we re-found our love for each other, got back together, and I am finally ready to take that next step with him. He is the love of my life! We plan to marry in Germany and then file for a CR1 visa to start our life together in the US where he has just built a new house and whatnot. So far so good, right?! Well, no! I knew about his juvenile criminal record and we had talked about it during our relationship. He was open about it and told me everything. However, we did not think it would matter regarding me immigrating to the US on a family-based visa since it was a juvenile record. We were so wrong! When we first talked to an immigration lawyer about our plans she said yeah, it is a juvenile record, won't matter... but when she looked at the charges she noticed that one of them may trigger the Adam Walsh Act. It is a sensitive topic but I can say that it involved consensual sex between two teenagers (same age) who were friends at the time. The friend's mom found out about it and my boyfriend got arrested. It was argued that his friend had a mental disability and therefore was not able to give consent. My boyfriend noted that he did not know about the mental disability of his friend since it was not noticeable, he entered a plea deal and got charged. We got referred to another lawyer who knows both criminal and immigration law and just got off the meeting with him via Zoom: He grilled and intimidated us. I liked that he was upfront about the whole process and made clear it takes a lot to build a good case to possibly get a visa approved. But overall, I feel devastated. Yes, there is the possibility to move to Germany together, but due to many personal reasons living in the US together would have been our first choice. My questions: - Does anyone know a good lawyer besides Allan Lolly regarding Adam Walsh Act cases? - The lawyer told us that it is impossible for my boyfriend to i.e. move to Germany and start the whole CR1-visa process from Germany including the possibility of an AWA waiver. Is that true? Do you then basically have to live separately in two countries even if you are married until a decision is being made by USCIS? I can't find it anymore but I think I read about a case on visa journey where the couple filed for the CR1 from abroad...? Thank you so much to anyone who took the time to read my post!