wedding between us citizen inmate / foreign fiancée

[dings 1]

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..

thank you for your reply. i know it COULD be a problem . but since meanwhile i learned of a lot of women who went through with it (even with death row inmates) - i know that we HAVE to try. and i know that some of them even did take help of immigration lawyers - and finally won through that. if it comes to that - i will do it.

look, it's not that i WANT to go through all of this - all i want is to be with my man. so i have no choice..... if i never would have tried - i would regret this for the rest of my life.

lot of people think people in prison are nothing more than a piece of ###### - worth nothing - without a heart and without a story !

and could it not be possible that he learned better - in 20 years of incarceration?

please also read my post above yours.

[thongd4me 69]

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?

<=> I'm glad to hear that, that's all I was asking about. You haven't spoken about your family's opinion on what your

plans are, but that may not be an issue if the ties back home are not that strong or if you are OK with severing them

or modifying them if they are unwilling to see things the way you see them. Family has a way of making life very

difficult in ways you can never forsee, so it's best to keep your eyes & ears open in this regard.

What I went through with my first wife probably doesn't have much bearing on your case except in a very general way.

My first wife & I knew each other for 2+ years before we married, we were in constant contact, but all I heard from her

about her family was that they were all bad and made life miserable for her. When I met them in Japan I discovered

that she was probably the one to blame and much of the family dysfunction was caused by her. If I had gone to Japan

and discovered this before we married there is a chance we probably would never have got married. Before we got married she was all sweetness and light, but

after we got married she turned very disrespectful and abusive. After 2 kids

and 20 years of marriage I finally divorced her.

The bottom line is, regardless of the details, get to know your intended in every way possible before you take the plunge. You seem

to have done your homework in this regard, but just keep in mind that regardless of what your relationship is now (a

very good one) there will be some adjustments to be made once he is a free man.

I hope those adjustments are positive ones.<=>

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?

<=> You asked for me to check back on a previous post and I think what you said above indicates the same question,

whether to go the fiancée route or get married first. I don't think I'm qualified to respond reasonably to that question

but I think your unique situation has more bearing on that than a general reply for couples operating under normal

cicrumstances. In either route questions regarding the circumstances of his incarceration will have to be answered.

I don't think anyone can give advice on that except someone who has been there and done that (with a petitioner in jail). <=>

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

Edited September 20, 2010 by thongd4me

[dings 1]

i am sorry - i thought, since ValerieA and caybee were talking about in this case having to wait for a couple of years after wedding - that it would be different than the way with I-130.... i will write more later.

[RICARDO4EVA2 194]

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.

Inmates that qualify for conjugal visits are those that are "A" or "B" custody (minimum custody levels) and maintain an acceptable level of good behavior. In addition, eligible inmates cannot have a rule violation report (a report that is written after a rule is broken such as fighting, swearing, etc.) in the last 6 months.

Also

Only 6 states Allow any such vsits and they are California, Connecticut, Mississippi, New Mexico, New York, and Washington. If he's not an inmate at one of these 6 then "Conhugal Visiting" is NOT an option.

[ValerieA 350]

First off, I have to make a correction on how much removal of conditions costs - it is $545, not $1010 as my post stated (had the AOS fee stuck in my head, sorry).

The CR-1 and IR-1 visas are the same visa (off an I-130 petition), the difference is that the CR-1 is given if you have been married less than 2 years, and the IR-1 if you have been married 2 or more years.

For both, everything is the same up until point of entry (ie: file I-130, all the other stuff you have to file at the NVC stage, go to interview at foreign consulate, upon approval, enter the US). When you enter the US on an IR-1, your green card is good for 10 years. If you are on a CR-1, you have to remove conditions two years after your entry. This entails sending in more proof of relationship, $545, and possibly (probably, I would guess in your case) another interview.

[thongd4me 69]

If you want to see a discussion with more about pros & cons of spouse vs. fiancée visas,

you might take a look here:

Spousal vs. Fiancée visas

The procedures for each and the time frames for each do vary.

The relative merit of one or the other is a subjective opinion given by

many in many places, not just in the above link.

[JlovesA 109]

More knowledgeable people may correct me if I am wrong, but if you were to go the K-1/I-129F route, how would you be able to do the adjustment of status interview? From my understanding, both the US citizen and beneficiary must be present at the interview.

[Inky 1,110]

More knowledgeable people may correct me if I am wrong, but if you were to go the K-1/I-129F route, how would you be able to do the adjustment of status interview? From my understanding, both the US citizen and beneficiary must be present at the interview.

Correct the usc has to be at the interview. Same for removal of conditions interview.

[Anh map 2,098]

Both types of visas (fiancee and spouse) require proof of bona fide relationship. So it's essentially the same.

Fiancee requires additional steps (adjustment of status) and the immigrant cannot work immediately. If working is an issue then advantage spouse visa. Plus not having to plan around an adjustment of status interview would make the spouse visa a plus. There isn't always a removal of conditions interview, but that would be a couple of years later.

Total fees are greater (approx $1K) from K1 -> Removal of Conditions than from CR1 -> Removal of Conditions. Advantage spouse visa.

On a spouse visa the immigrant may be able to satisfy the I-864 sponsorship requirements themself. For the fiancee visa that is typically not possible with the I-134. OP states that they have a co-sponsor so this is a draw, though being able to self sponsor may push the advantage to spouse visa.

With a spouse visa the ability to show a comingling of lives may be easier. Filing taxes as married, potentially holding assets in both names, wedding pics/cards/gifts, etc. gives OP more solid evidence.

Edited September 20, 2010 by Anh map

[Rob and Jill 82]

thank you for your reply. i know it COULD be a problem . but since meanwhile i learned of a lot of women who went through with it (even with death row inmates) - i know that we HAVE to try. and i know that some of them even did take help of immigration lawyers - and finally won through that. if it comes to that - i will do it.

look, it's not that i WANT to go through all of this - all i want is to be with my man. so i have no choice..... if i never would have tried - i would regret this for the rest of my life.

lot of people think people in prison are nothing more than a piece of ###### - worth nothing - without a heart and without a story !

and could it not be possible that he learned better - in 20 years of incarceration?

please also read my post above yours.

I understand that you HAVE to try. I am not being judgemental about it at all. My only concern for you, is that you're expressing concerns (how can he be punished forever?) about our justice system. I am only offering advice that I think will help you and throughly make sure you understand what you're getting yourself into.

Is it possible that he learned better in 20 years? I don't think an immigration forum is a place to discuss the reformation of prisioners in the U.S. Well, at least not unless it's in the off topic forum!

Which post specifically would you like me to re-read? I always read every word of an entire thread before I comment, so if you're referring to something specific, you'll have to let me know which post of yours you're referencing.

[thongd4me 69]

I believe that one thing that was hinted at by one of the respondents was

how would the petitioner be able to go to the USCIS interview for the AOS

if his term is up in 3 years? That is, regardless if it was a fiancée visa or

a spouse visa...

I'm guessing that the interviewer may go to the petitioner's facility and

the expenses of that visit may be borne by the petitioner (this is a guess

but somebody out there may know for sure).

[dings 1]

I understand that you HAVE to try. I am not being judgemental about it at all. My only concern for you, is that you're expressing concerns (how can he be punished forever?) about our justice system. I am only offering advice that I think will help you and throughly make sure you understand what you're getting yourself into.

actually it was me myself who first (after this one lady told me so) had thought - it then definitely is not possible - usa is strict etc. but then so many people (us citizen) told me, it can not be! that's when i came to that conclusion myself as well. even uscis people told me so.... but you can be sure - usually I am the one most sceptical / pessimistic in these things.

Is it possible that he learned better in 20 years? I don't think an immigration forum is a place to discuss the reformation of prisioners in the U.S. Well, at least not unless it's in the off topic forum!

this of course was not a question to discuss about ! this was a rhetorical question.

[dings 1]

I believe that one thing that was hinted at by one of the respondents was

how would the petitioner be able to go to the USCIS interview for the AOS

if his term is up in 3 years? That is, regardless if it was a fiancée visa or

a spouse visa...

I'm guessing that the interviewer may go to the petitioner's facility and

the expenses of that visit may be borne by the petitioner (this is a guess

but somebody out there may know for sure).

USCIS, prison and so on told me that he won't need to go anywhere to give an interview. that's what i first had thought as well - THIS was the reason why for years i had thought it anyway isn't possible before his release - because he has to go for an interview. but then USCIS etc told me different.....

to everybody else replying in this thread - thank you so much for your help ! i want to go the way of the spousal visa now. doesn't matter if i can be in the country before or not - i just really want to try to be able to be with him after his release.....

and thank you for the hint to the other thread, thongd4me!

[dings 1]

ah i see - i read this thread already yesterday. thanks anyway!

Edited September 21, 2010 by dings

[daboyz 36]

I believe that one thing that was hinted at by one of the respondents was

how would the petitioner be able to go to the USCIS interview for the AOS

if his term is up in 3 years? That is, regardless if it was a fiancée visa or

a spouse visa...

I'm guessing that the interviewer may go to the petitioner's facility and

the expenses of that visit may be borne by the petitioner (this is a guess

but somebody out there may know for sure).

There is no AOS for CR-1/IR-1.