Getting married to prisoner

[kandikandi 31]

Hi Debbie,  incarceration aside, just understand that there are financial requirements that your fiance/spouse will need to meet to even get you approved for a K1 or a CR1 visa.  Among other things, the visas are usually approved on the petitioner's ability to meet certain income requirements in the present and future - meaning that he has to be currently employed.  In the absence of that, he will need a co-sponsor that needs to meet the income requirements for both of you, him/herself, and whoever else is in their own household.

 

You mentioned that you would go back to the Netherlands, but just be aware that should you be approved to return to the US to stay, the financial obligations will still play a major part in your residency approval when you file to adjust your status.  You haven't mentioned how much longer he will be incarcerated so its something to consider!

 

 Also, the "evidence of bona fide relationship" could be an area of concern when you file both now and later when you adjust your status.  I recommend speaking to an experienced lawyer on this one.  Good luck to you!  

[Roel 7,192]

Have you ever even met face to face?

 

How do you know he's not just scamming you? (Also if you haven't met face to face, K1 is out of question)

I assume he doesn't make any money? How is he suppose to sponsor your visa? He needs to make over 125% of poverty line or you need a Co-Sponsor. No visa without that.

 

Also - is someone charged with murder (!!) can even sponsor a foreigner for a visa?

[Transborderwife 4,666]

16 minutes ago, Roel said:

Have you ever even met face to face?

 

How do you know he's not just scamming you? (Also if you haven't met face to face, K1 is out of question)

I assume he doesn't make any money? How is he suppose to sponsor your visa? He needs to make over 125% of poverty line or you need a Co-Sponsor. No visa without that.

 

Also - is someone charged with murder (!!) can even sponsor a foreigner for a visa?

As long as it's not an AWA crime.  The OP needs advice, not sanctimony 

[Roel 7,192]

I advised. I said the K1 is a no go if they haven't met. I advised they will probably need a co sponsor.

And I was genuinely curious if someone charged with murder can be a sponsor. Thanks for the answer. It was.. surprising.

Trust me, I kept the judgment to myself.

[Boiler 45,520]

I was also wondering if they had met and how long he has to go.

[Debby M. 2]

33 minutes ago, kandikandi said:

Hi Debbie,  incarceration aside, just understand that there are financial requirements that your fiance/spouse will need to meet to even get you approved for a K1 or a CR1 visa.  Among other things, the visas are usually approved on the petitioner's ability to meet certain income requirements in the present and future - meaning that he has to be currently employed.  In the absence of that, he will need a co-sponsor that needs to meet the income requirements for both of you, him/herself, and whoever else is in their own household.

 

You mentioned that you would go back to the Netherlands, but just be aware that should you be approved to return to the US to stay, the financial obligations will still play a major part in your residency approval when you file to adjust your status.  You haven't mentioned how much longer he will be incarcerated so its something to consider!

 

 Also, the "evidence of bona fide relationship" could be an area of concern when you file both now and later when you adjust your status.  I recommend speaking to an experienced lawyer on this one.  Good luck to you!  

Thank you for your answer! 

We are already working to find a sponsor. 

As for going back to the Netherlands, I was reading something about that this afternoon and I figured out that if the K1 will be approved and after we got married, I have to stay in America untill they approved my AOS.. Am I right?

[Debby M. 2]

30 minutes ago, Roel said:

Have you ever even met face to face?

 

How do you know he's not just scamming you? (Also if you haven't met face to face, K1 is out of question)

I assume he doesn't make any money? How is he suppose to sponsor your visa? He needs to make over 125% of poverty line or you need a Co-Sponsor. No visa without that.

 

Also - is someone charged with murder (!!) can even sponsor a foreigner for a visa?

Yes we have met each other in person.

No he doesn't make money but we are trying to find someone who will support us. Do you know if someone can be a sponsor if they are retired?

[Transborderwife 4,666]

1 minute ago, Debby M. said:

Yes we have met each other in person.

No he doesn't make money but we are trying to find someone who will support us. Do you know if someone can be a sponsor if they are retired?

Absolutely as long as they meet the financial requirements 

[Roel 7,192]

So lets say you'll go the K1 route. You cannot legally work until you get EAD ( takes about 90 days after you file for AoS). How are you going to support yourself? Unless you have a lot of saved money, not sure if K1 will be right for you. Coming on the CR1 visa at least you can work right away, even though the processing time is longer.

How much longer your boyfriend will be in prison? (I'm still curious here. No judgement, but I wonder why someone would go for a man sentenced for murder, sitting in prison and maybe not being let out for xx - years.)

[kandikandi 31]

2 minutes ago, Debby M. said:

Thank you for your answer! 

We are already working to find a sponsor. 

As for going back to the Netherlands, I was reading something about that this afternoon and I figured out that if the K1 will be approved and after we got married, I have to stay in America untill they approved my AOS.. Am I right?

Hi Debby,  yes if you enter on the K-1, you cannot leave the US until you file for a travel document (usually used in case of emergencies until your greencard comes through) and your residency (from which you will get your temporary greencard a bit later on).  Same for the CR-1.  You generally can't leave until you have documented legal stay in the US because you risk not getting allowed back in.

[Debby M. 2]

15 minutes ago, Transborderwife said:

As long as it's not an AWA crime.  The OP needs advice, not sanctimony 

May I ask what you mean with "The OP needs advice, not sanctimony" and what crimes are AWA?

[Transborderwife 4,666]

Just now, Debby M. said:

May I ask what you mean with "The OP needs advice, not sanctimony" and what crimes are AWA?

Basically you don't need people judging your relationship. Adam Walsh Act crimes: https://en.m.wikipedia.org/wiki/Adam_Walsh_Child_Protection_and_Safety_Act

[BethyWink 96]

Coming from the Netherlands will probably help you since it is a "Low Risk" fraud country.  (From what I can remember.... most of western europe is) But like most have stated the AOS will be hard and finding a co-sponsor that is willing to possibly financially support you for up to 5 years is going to be difficult.   

 

I would also state, with the K1 and the inability to work for several months might be a struggle for you.  (Factor in about 3+ months to get a job once you are able to work, with the job market the way it is, and hiring timelines)  I would probably state, if you are serious about this, go to the states, get married, GO HOME.  It takes about a year for a CR1 Visa with no issues to be approved.   You can be in the Netherlands, and working in this time.  Save as much money as you can, and start looking for places you can live, if you have any network in Texas a room to sleep in once you are approved.  (You will be interviewed in an embassy in Europe)

 

Now to be blunt, remember that Texas is not a state that involves Conjugal visits.   I know this is not really on your brain right now... but is a marriage you can never consummate something you are looking forward to?     Your experiences are not mine, and your life is not mine... so I have no say in what you can and can not live with.... but personally, I love my husband so much I want to be with him physically and mentally every day (Though him being in Denmark makes it VERY hard.... and that feeling will probably die down once we are together).  I could personally never live in a world where we are separated by glass but inches apart.  I gotta get my rocks off somehow  (This does not factor in if you are living a polyamorous lifestyle, or any other alternative open relationship)  

 

 

[LionessDeon 2,060]

7 hours ago, Debby M. said:

To answer your question, no I haven't know him before he was prisoned. He is in prison for almost 13 years now. 

I think we have enough evidence to prove that we are very serious about it.

The sponsors... Well that's a thing we haven't arrange it yet. His parents both passed away and we have to search someone else to 'support' me. We are working on it, I told him yesterday about it 

Proving you are serious about it and having relationship evidence are two completely different things.  Have you visited him?  How often are you able to visit him?  How do you communicate? You will need to collect relationship evidence.

Co sponsor will be necessary so yes, get that confimred before making any plans.  You possibly could handle it without a lawyer, but it will take tons of research, organization, and work on your part.  I would definitely at least consult with a experienced immigration attorney....not just any lawyer.

[f f 725]

if domestic violence can stop a person from immigrating I would assume that murder would definitely prevent it.

I do not know if meeting through glass is considered meeting for uscis.

also consider right now that you are in love with a pen pal. and you can not tell how the two of you will get along till he has been out for a few months and settled in.