HELP!!How to apply K1 visa when my us citizen fiance is in jail?

[Wynn Liang 0]

Hello everyone! Thank you all for ur time to reading this. We really need help and we really appreciate every comment u guys post. If there are people who had the similar situation please let me know.

Here's our basic situation:

My us citizen fiance is in jail currently, he'll be out after 8 months. We want to get me a visa, so i can get there immediately once he's out and then get married.

I'm Chinese, we met in China. We've been together for 1 year till last month. We were physically together for 7 months before he went back to America 3 months ago. I have proof of our relationship such as our pictures, chat history screenshot, and i recorded some of he's calls from jail, and all of our family members knows too. 

Our questions are:

- How can he do his part while he's in jail? 

 such as fill forms, signatures, get his photos for the application, bank bill proof, etc.

- What can we do about he has no income?

Before his jail time, he was a  student, and now he can't have a job since he's in jail. Does that effect the result of application? if it does what can we avoid it as much as we can?

- Does the embassy will denial the visa since my fiance is in jail for now? Is there any other effects of he's in jail?

- Anything I can avoid? and anything i can do to make it more possible to work?

Thank you again☺️

Edited June 4, 2021 by Wynn Liang

[Ontarkie 14,305]

~~Moved to K1 P&P from Progress Reports.~~

[milimelo 4,508]

Perhaps wait until he's out of jail and has a job before petitioning you?

[Adventine 3,201]

Also depends on what he's in jail for. Some crimes may make him ineligible to petition a fiancée.

[payxibka 10,047]

The first part of the journey is tbe petition and the responsibility of the USC,  he needs to figure out how to do the forms.

[Mike E 11,741]

The jail might or might not let him download 

44 minutes ago, Wynn Liang said:

 

- How can he do his part while he's in jail? 

 such as fill forms, signatures, get his photos for the application, bank bill proof, etc.

I suggest that you fill out the forms with the help of his family members.   Or his help since he seems to have to a phone.  Then email the forms one of his family members to print out and take to the jail during visiting hours.  The jail might or might now allow the visitor to meet with your fiancé with pens (pens are sharp). Some  jails won’t let papers be passed to your fiancé.  If so, your fiancé will have to hire a lawyer to meet your fiancé with the papers to sign. A lawyer is always able to to have physical contact with a client in jail.  

 

Quote

- What can we do about he has no income?

 

You will need a joint sponsor.  It has to be someone living in the USA who is a citizen or lawful permanent resident.  
 

Quote

Before his jail time, he was a  student, and now he can't have a job since he's in jail. Does that effect the result of application?

 

The lack of income is handled by a joint sponsor.  
 

Depending on the crime he might or might not be allowed to petition you.  For example if his crime was assaulting a spouse, he is not likely to be approved.  
 

Quote

 

- Anything I can avoid? and anything i can do to make it more possible to work?

Thank you again☺️

There is nothing you can do about his criminal record.  

Edited June 4, 2021 by Mike E

[Crazy Cat 41,984]

Agree with @milimelo.  Wait until he is out of jail to start the process.   In the meantime, study and learn the information in the K-1 guide here:

 

 

[Illiria 980]

Unfortunately I have to agree with the other posters that unless you have a friend or relative you trust implicitly over in the us who can help get the documents together, who has visiting rights, and if the prison allows papers and a pen to be passed to your fiancé then it may be easier to have him petition once he gets out. 

If I followed your original post dates then you will still have time to gather documents before the having met once within the two years preceding application is up. 
 

I realise this isn’t what you want to hear but this process is something most of us on here wouldn’t want to rely on someone else not to mess up - why most of us use this site rather than lawyers. 

Edited June 4, 2021 by Illiria

[SalishSea 17,970]

Even if he did petition you now, there is no way you would be here in 8 months.

 

And I agree with the others.   Wait until he gets out.   He has no way to support an immigrant from prison.

[Nitas_man 3,100]

What’s he in jail for?  It isn’t domestic violence or trafficking is it?

[top_secret 2,458]

All jails and prisons in the US have in place procedures to accommodate legal mail, and immigration papers would qualify as that.  So getting forms in and out to be filled and signed is not a significant problem if family or someone else trusted on the outside is cooperating. Whether it is a good idea or not is a separate issue.

[SalishSea 17,970]

9 minutes ago, top_secret said:

All jails and prisons in the US have in place procedures to accommodate legal mail, and immigration papers would qualify as that.  So getting forms in and out to be filled and signed is not a significant problem if family or someone else trusted on the outside is cooperating. Whether it is a good idea or not is a separate issue.

That’s fine, but then there is the issue of sponsorship.   Even with a joint sponsor, the petitioner would have no potential income from prison.   I think a public charge inadmissibility would be likely.

[Ontarkie 14,305]

He gets out in 8 months. The rate things are going he will be out long before the interview and like everyone else who doesn't work or doesn't make enough they get joint sponsor. 

[Loren Y 2,756]

2 hours ago, top_secret said:

All jails and prisons in the US have in place procedures to accommodate legal mail, and immigration papers would qualify as that.  So getting forms in and out to be filled and signed is not a significant problem if family or someone else trusted on the outside is cooperating. Whether it is a good idea or not is a separate issue.

This is exactly the case. Getting the forms signed and copies of everything can be handled by a family member you trust with access to the forms. If you can get a family member with visiting privileges to take the paperwork to him to sign in less he is in supermax/ death row/ segregation lock-up the visitor can bring a pen for him to sign the forms with without an issue. If he is in one of the aforementioned situations ( I doubt it, because you said he is going to be out in 8 months) so getting the forms signed and mailed isn't going to be a issue. I don't think it would be that difficult to file everything as it is going to take 8-10 months to get to NOA 2 more than likely, and if he has a joint sponsor lined up, that will cover the I-134 that needs to be filled out for the interview.  As others have said, make sure his convicted offense isn't a disqualifying one, and make sure to disclose it obviously when you fill out the petition.

It's up to you if you want to try and get a jump on the process, or as others suggested wait until he is released and begin the process.

[carmel34 3,646]

17 hours ago, Wynn Liang said:

We've been together for 1 year till last month. We were physically together for 7 months before he went back to America 3 months ago. I have proof of our relationship such as our pictures, chat history screenshot, and i recorded some of he's calls from jail, and all of our family members knows too.

Lots of good advice given already on the issues related to your boyfriend being in prison for the next 8 months.  For proof of meeting within two years of filing the petition, you will need evidence like an apartment lease together, hotel receipts, credit card receipts, his passport stamps and Chinese visa showing dates of entry/exit, to/from China, original boarding passes from his trip to spend 7 months with you, etc.  Photos alone will not be enough, and chat history is not evidence of meeting in person.  So ask your boyfriend if he has that additional evidence which will be required in order to file a successful I-129F petition.  Good luck!