wedding between us citizen inmate / foreign fiancée

[mike101 8]

I'm just curious..

Is it even possible for him to solicit a visa for you since he is currently serving time for a felony? Correct me if I'm wrong but I believe the USCIS checks the background of the US Citizen before granting approvals.

Also It will be extremely difficult to prove to a immigration officer that you have a sincere relationship if he is in prison. Its hard enough for people who are free to do so...

[newlyweds2010 208]

Would someone who has been convicted of murder be able to successfully petition for a K-1 visa? I recall it being a question that must be answered on the I-129F: Is it grounds for denial or just a declaration to notify the visa beneficiary?

I was thinking the same thing: I'm quite sure there are some requirements on the petitioner's side in order to send a K-1 petition.

[RICARDO4EVA2 194]

I was thinking the same thing: I'm quite sure there are some requirements on the petitioner's side in order to send a K-1 petition.

Yep this is a benefit that is being sought after.. and a VISA approvael is not guranteed as it NOT a right to an approved case. This would be a rather difficult case to deal with. How do one effectively have an actual meaningful relationship when you cant even touch each other when you're together...?

Edited September 20, 2010 by RICARDO4EVA2

[dings 1]

as i already had written: co-sponsor and proof of meetings is no problem !

and IF it is possible is no more a question. please don't ignore that my only left question is:

if we first should marry and then file I-130, or if we first should file I-129F and then get married ?

you guys post a lot of things i already had answered. but still i want to thank you for trying to help me!

[dings 1]

duplicate threads from the K-1 forum and the K-3 forum have been moved here and merged with the existing thread in the Bringing Family Members of US Citizens to America forum as the OP is not sure which visa process to pursue and this is the most applicable forum for her circumstances. Duplicate posts have also been removed.

thank you!

[NigeriaorBust 4,087]

I think you would have an easier time proving you are fiances than spouses. The co mingling of a spousal relationship may be harder to pull off with an inmate.

[ValerieA 350]

I know you want to be here soon, so you can visit him...but I just wanted to give you one more option. You could get married now, then apply for your CR-1/IR-1 visa in a couple of years. If you did it this way, then you would get the IR-1 when you came over - and wouldn't have to do the removal of conditions phase (the CR-1 is the IR-1, but because you would have been married for two years, means it wouldn't be conditional). Since he has three years until he gets out, you would still be here in time for his release, and you wouldn't have to pay the $1010 and go through all the paperwork to remove conditions.

[caybee 21]

I think in your situation, the CR-1 (or IR-1, as Valerie mentioned) would be preferable because you'd be authorized to work right away. With the K-1, you'd have to marry, then file for AOS and employment authorization. Employment authorization could take two or three months to receive. With only one of you able to earn a living wage for a little while, CR-1 might make things easier for you.

Just as an aside, regarding not being able to have a marital "relationship," inmates are often granted conjugal visits. I would think it would be just as easy to combine assets and prove a marital relationship with an inmate as it would with someone living overseas or with a deployed soldier, especially when there is a release date on the horizon.

[thongd4me 69]

You have in another reply said a co-sponsor will be no problem.

That to me sounds almost incredulous.

Your incarcerated fiancé must sponsor YOU, not the other way around.

It doesn't matter how many Swiss bank accounts you or your family have,

YOU must be sponsored by HIS family and that depends on THEIR

income and THEIR willingness to take a risk on him as well as on YOU.

You haven't said much about your relationship with them. He must fill

out all the paperwork, you can't do that for him. If you are not with him

you will have to get the papers online, print them and mail them to him

to fill out and sign, or have him print them in the prison facility if they allow that.

If this thread is not a troll, you have my sympathy, but the issue of

sponsorship is not one to take flippantly as the whole petition may

hinge on that.

[thongd4me 69]

I thought you got the big bucks making license plates.....

I'm not sure the OP fully understands the rules regarding and implications

surrounding co-sponsorship. If the petitioner is incarcerated I'm sure

that will be necessary.

[dings 1]

You have in another reply said a co-sponsor will be no problem.

That to me sounds almost incredulous.

Your incarcerated fiancé must sponsor YOU, not the other way around.

It doesn't matter how many Swiss bank accounts you or your family have,

YOU must be sponsored by HIS family and that depends on THEIR

income and THEIR willingness to take a risk on him as well as on YOU.

You haven't said much about your relationship with them. He must fill

out all the paperwork, you can't do that for him. If you are not with him

you will have to get the papers online, print them and mail them to him

to fill out and sign, or have him print them in the prison facility if they allow that.

If this thread is not a troll, you have my sympathy, but the issue of

sponsorship is not one to take flippantly as the whole petition may

hinge on that.

are you kidding me ? i TOLD you it is no problem: we got a co-sponsor - which is from his family AND a us citizen !

i have very close and daily contact to his family.

and all else you write - this is already done - printed and everything - USCIS told me that me or someone else can fill the forms for him, print it and send it to him - so he then can sign and send it all.

could you please read my posts. you are telling things i already did - and you say it in a quite disrespectful way, in my opinion. what did i do to make you act like this?

[dings 1]

we did fill the I-129F, but now i am thinking if we rather should do the I-130. so you don't need to tell me what all has to be provided to apply for the I-129F.

to the otherones: thank you for your suggestion - this is a really good hint to think about ! i have no more time to write right now - but will come back to this.

[thongd4me 69]

are you kidding me ? i TOLD you it is no problem: we got a co-sponsor - which is from his family AND a us citizen !

i have very close and daily contact to his family.

and all else you write - this is already done - printed and everything - USCIS told me that me or someone else can fill the forms for him, print it and send it to him - so he then can sign and send it all.

could you please read my posts. you are telling things i already did - and you say it in a quite disrespectful way, in my opinion. what did i do to make you act like this?

I wish you all the best; you didn't give specifics of how his family is willing to participate so my skepticism was normal.

Even if you have all the paperwork in order this petition will be an uphill battle.

Part of getting to know someone you met online is visiting and you have done that,

but the context of your visits are far from normal.

One of the big mistakes I made with my first wife (also a foreign national but not one for whom I had to petition - she was

already in the US when we got married) was that I had no idea how she related to friends & relatives. I had only her say-so

on that score. I'm assuming his relations with his relatives are good and you won't have that to worry about. Any dysfunction

one party has with friends/relatives is often multiplied when that person gets married. I made sure I could observe how

my fiancée functioned in the real world before we decided to join our lives together. Just a word of caution, I mean no disrespect.

[dings 1]

I wish you all the best; you didn't give specifics of how his family is willing to participate so my skepticism was normal.

Even if you have all the paperwork in order this petition will be an uphill battle.

Part of getting to know someone you met online is visiting and you have done that,

but the context of your visits are far from normal.

One of the big mistakes I made with my first wife (also a foreign national but not one for whom I had to petition - she was

already in the US when we got married) was that I had no idea how she related to friends & relatives. I had only her say-so

on that score. I'm assuming his relations with his relatives are good and you won't have that to worry about. Any dysfunction

one party has with friends/relatives is often multiplied when that person gets married. I made sure I could observe how

my fiancée functioned in the real world before we decided to join our lives together. Just a word of caution, I mean no disrespect.

ok, i am sorry i have reacted out of rage like that - i was just stressed while i was reading (had to leave in about 5 minutes) - and then the post was once more one with information i already had - like many others in this thread.... so that's why i reacted pretty down with my nerves - i am sorry !

i read your post once again and now do see - it was not really disrespectful. though you DID think i did not know anything about the whole process yet....

but i still not understand what you mean with the family - his family is very close to me and i don't have any problems with them.... so i don't know what you mean?

and to clarify - we haven't sent yet the form for I-129F, i just have printed the filled form yet and we are waiting for court reports and birth certificate and so on - and meanwhile gathering all the stuff for evidence of relationship.

and now i am thinking about I-130 or like now here has been suggested: marrying and waiting for two years for example - and then go for CR-1/IR-1... this sounds almost best to me right now - although i sadly could not be close to him yet.... but i just really want to be at least sure to be with him when he gets out 2013.....

what do you think?

once more i want to thank ValerieA and caybee for this hint !

[Rob and Jill 82]

how could they punish him even longer - for the rest of his life - not letting him be together with his love !

This quote was taken from your other post. (the one you linked).

Convicted Felons can be deprived of certain rights for the rest of their lives in the United States.

Convicted Felons- Potential Lost Rights

Furthermore, in the United States a "minor" can be tried as an adult for a crime committed IF the criminal was deemed to be of an age where they were old enough to know better. At 17, sorry, but your fiance falls under the category of being old enough to know better than being a "gang banger" and murdering another person, so yes, he can be tried as an adult.

It might do you A LOT of good to do some research into the United States Justice System. You need to know what you're fighting against if this is what you really want. Your future husband is going to have a hard time finding high paying jobs with his record and he will still lose other rights.

Also, in your other post, you said you wanted to get married and come here before he gets out of prison, so you can work. If you want to work immediately when you get here you need to file for the CR-1..