Canadian citizen marrying an incarcerated US citizen

[meowmeow 0]

Hello! I am a Canadian citizen who is trying to see whether or not I'd be able to live in the US if my fiance is currently incarcerated. Because he does not have an income, he wouldn't be able to sponsor me, and unfortunately he's not in contact with any of his family members or old friends. Is there any way around the sponsorship? For instance, if I have a certain amount saved up? Or could non-US citizens such as my family be sponsors? Someone told me this was possible if I'm from Canada but I can't seem to find any information on whether or not this is true. I really hope someone will be able to help me with this. Thank you

Oh and before I go, does anyone know which crimes exempt you from applying and if you are exempt, is there a time when you'll be able to apply?

[Penguin_ie 5,995]

There is no way around the sponsorship. Does your fiance not know anyone "on the outside" who can help, or maybe he has assets (a house, savings etc) that could be used? If not, the only option I can see is for you to get married in prison if that is possible, because as a spouse, your assets can be used to self-sponsor. Your family cannot help, assuming they live in Canada- only US residents and citizens can be co-sponsors.

I assume what crimes on behalf of the USC/ petitioner stop them from petitioning for a visa? If so, it's mostly sex crimes. There is one person on this site who got around it (look for the thread "Adam Walsh got beat"), but it is almost always impossible.

[Road 2 Peace Arch 0]

Hello! I am a Canadian citizen who is trying to see whether or not I'd be able to live in the US if my fiance is currently incarcerated. Because he does not have an income, he wouldn't be able to sponsor me, and unfortunately he's not in contact with any of his family members or old friends. Is there any way around the sponsorship? For instance, if I have a certain amount saved up? Or could non-US citizens such as my family be sponsors? Someone told me this was possible if I'm from Canada but I can't seem to find any information on whether or not this is true. I really hope someone will be able to help me with this. Thank you

Oh and before I go, does anyone know which crimes exempt you from applying and if you are exempt, is there a time when you'll be able to apply?

I am probably wrong but, I thought I read somewhere on VJ that for the I-134 you could co-mingle assets (cash) with the fiancee providing a separate 1-134 or bank letter (or whatever) but it wouldnt work for the AOS (I-864)???

[meowmeow 0]

Thank you for your replies! I don't think sponsorship is an option for us but if I'm able to marry him as a Canadian citizen visiting the US, I would be more than happy to return to Canada and file a K-3 rather than a K-1. I hope then I will be able to self-sponsor. However, I will have to do my research... this whole time I thought I'd have to apply for a K-1 as I didn't know whether or not Canadians could marry Americans as a visitor. I guess I'll have to move to the K3 forum!

Though I do not have any previous felonies, I worry his crime will stop him from petitioning. It is not a sex crime but it still a serious charge, and though it happened nearly 10 years ago... I imagine such charges will not be overlooked.

[thongd4me 69]

Hello! I am a Canadian citizen who is trying to see whether or not I'd be able to live in the US if my fiance is currently incarcerated. Because he does not have an income, he wouldn't be able to sponsor me, and unfortunately he's not in contact with any of his family members or old friends. Is there any way around the sponsorship? For instance, if I have a certain amount saved up? Or could non-US citizens such as my family be sponsors? Someone told me this was possible if I'm from Canada but I can't seem to find any information on whether or not this is true. I really hope someone will be able to help me with this. Thank you

Oh and before I go, does anyone know which crimes exempt you from applying and if you are exempt, is there a time when you'll be able to apply?

Aside from the paperwork/sponsorship/affidavit of support issues, I would just think it would

be a mountainous obstacle to actually prove, in light of the incarceration, that some kind of

immigration fraud was NOT being committed. I would think that it would be the #1 assumption

on the part of the USCIS and definitely by the consulate if it got to that stage. Here is a case

in which I think consultation with an immigration attorney might be in order, if you are

bound & determined to proceed and want to know your actual chances of success. Then again,

the lawyer may lead you on and you may just be lighter a few K on your finances. You might

also inquire with the USCIS but don't hold your breath. You might actually visit a USCIS

regional office to have a meeting with an actual official that knows the regulations rather

than some tele-subcontractor. Whatever path you choose, it's not going to be cheap.

[Carlawarla 1]

First you might want to find out if he has someone, doesn't necessarily have to be family, to be his co-sponsor. How long has he been incarcerated? Has he been filing taxes? Note that you have to have met your fiance in person once in the last two years. A K-1 means you are granted a visa to come to the U.S. as a fiance and get married within 90 days of entry in the U.S. and must remain here to adjust your status. You can't get married and remain here to adjust status while visiting. You'd have to go back to Canada after marriage unless you have the proper visa. If you go the K-3, or CR-1 route, you will also need to look into whether he can marry while still incarcerated, depending on his institution.

Edited October 8, 2009 by Carlawarla