Visit my incarcerated fiance whilst waiting for K1 to be approved...

[Lucy123 0]

Hi,

I'm new to these forums and have just been reading up on the threads about visiting a fiance whilst waiting for the K1 visa to be approved. They've been helpful but my situation is perhaps a little more complicated than most... My fiance is incarcerated at present and will be released soon, we got engaged over a year ago and tried to get the K1 filed sooner but it was complicated and took longer for us to gather all the paperwork due to him being in prison. We filed with a lawyer in March this year but he is released in September and we don't think the visa will be approved in time, so I want to visit him when he is released before the K1 is approved.

Obviously I will bring evidence of my ties to England etc. but my question is... when they ask me all the questions about who I'm visiting and how we met or what he does for a living... will it be an issue if I say that we met while he was incarcerated? And that at present he is incarcerated and so unemployed?

Yes, they'll know I've filed a K1, but will they know he is incarcerated, and will this cause them to be more suspicious than usual? I'm really worried. Being there for him to support him through the tumultuous time of his release is so important to me. We're both in our late 20s and genuinely in love.

Thanks in anticipation...

[Harpa Timsah 13,258]

Have you met in person before? You say you met while he was in prison. How? If you haven't met in person yet, you can't file a K-1 anyway.

[Lucy123 0]

Have you met in person before? You say you met while he was in prison. How? If you haven't met in person yet, you can't file a K-1 anyway.

Yes, we met in person, I went and visited him last year for 2 weeks and we have already filed with evidence of that meeting.

[Harpa Timsah 13,258]

So you've been through this before... going through border patrol to visit this bf.

[Lucy123 0]

So you've been through this before... going through border patrol to visit this bf.

Yes, but at the time I wasn't engaged to him, so I simply told them I was visiting a friend. They asked me where I was staying and why I was staying in a hotel as opposed to with my friend, and I told them it was because I was meeting them in person for the first time, which they thought was a little odd, but accepted. I didn't have to mention that he was in prison at all.

[Tim/Mav 305]

So you've been through this before... going through border patrol to visit this bf.

Just a thought: Sliding through Border Patrol is not the real issue. There was an arrest and imprisioment. What was those charges?

[Nigel&Meggie 40]

Just a thought: Sliding through Border Patrol is not the real issue. There was an arrest and imprisioment. What was those charges?

What relevance is it as to why he's in prison?? That has nothing to do with the OP's question.

[VanessaTony 3,567]

What relevance is it as to why he's in prison?? That has nothing to do with the OP's question.

Because depending on what he's been charged with depends on whether it'll make it harder to petition a visa. Certain crimes of the USC make it harder.

[Nigel&Meggie 40]

Because depending on what he's been charged with depends on whether it'll make it harder to petition a visa. Certain crimes of the USC make it harder.

But the OP was asking whether her fiancé being incarcerated would affect her visiting while the K1 is in process, not whether it would be harder to petition a visa.

[VanessaTony 3,567]

But the OP was asking whether her fiancé being incarcerated would affect her visiting while the K1 is in process, not whether it would be harder to petition a visa.

True. But if I had a dollar for everytime someone has asked/answered a question the OP hasn't and it's turned out that the OP didn't think about it, or realise it was an issue, I would be pretty well off!

The poster who made the comment about his convictions was probably only asking to find out whether the OP was aware of the many issues she may face during the process. She doesn't have to answer and can instead reply with "nothing that affects his ability to petition" or "I'd rather not say" or whatever.

[jaycali 415]

Basically, certain crimes makes him ineligible to petition for you and the petition would be denied. Sex crimes being a major one. Adam Walsh Act.

Edited May 24, 2012 by jaejayC

[Lucy123 0]

True. But if I had a dollar for everytime someone has asked/answered a question the OP hasn't and it's turned out that the OP didn't think about it, or realise it was an issue, I would be pretty well off!

The poster who made the comment about his convictions was probably only asking to find out whether the OP was aware of the many issues she may face during the process. She doesn't have to answer and can instead reply with "nothing that affects his ability to petition" or "I'd rather not say" or whatever.

You're right, I wasn't asking about whether his conviction would be a problem because I already know that it isn't. We have already filed and had a lawyer check over our application before we did. What I really wanted to know was how much information I should be giving to the immigration officer at the airport to minimise delays and maximise my chances of a smooth entry into the U.S. Anyone been through this and know all the kind of questions they will ask? Will they try to contact my fiance?

Thanks for your help.

[Anh map 2,098]

You're right, I wasn't asking about whether his conviction would be a problem because I already know that it isn't. We have already filed and had a lawyer check over our application before we did. What I really wanted to know was how much information I should be giving to the immigration officer at the airport to minimise delays and maximise my chances of a smooth entry into the U.S. Anyone been through this and know all the kind of questions they will ask? Will they try to contact my fiance?

Thanks for your help.

A lawyer (or anyone else) can check a form for spelling and completeness. That's about it.

I'd stick with the going to visit a friend statement. He's unemployed. You're coming for a visit, same as last year.