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

[Mike E 11,741]

38 minutes ago, Wynn Liang said:

Thank u very much, his case was domestic violence, is that ok?

Ooohhh.  
 

I think that is going to be a problem. For the protection of foreign spouses and fiancé(e)s, the immigration agencies have more discretion to deny petitions and visas when the petitioner has a history of violence.  Especially domestic violence.  

Edited June 22, 2021 by Mike E

[SalishSea 17,970]

1 hour ago, Wynn Liang said:

I saw this on the criminal part, we're gonna be honest about his case and still willing to marry each other, is that still a serious problem to get denial?

Yes.  It will not be easy, if you are approved at all.

1 hour ago, Wynn Liang said:

his family shoot him 3000＄ per month, can that be a kind of income?

No.  

[Maki&Kiki 123]

Maybe it wouldn’t be a problem if it was “light” assault and if it had happened long time ago, but he just got 8 months for probation violation.. On top of that it’s not some random fight in a bar, it’s domestic violence, big red flag. Depending of what he did, you might have trouble getting any visa approved because they will think that he will turn against you one day. Maybe he can take anger management lessons after jail and prove to you and consulate that he can change. 

[Sharmarine 50]

As someone who has experienced domestic violence in the past, OP, are you absolutely certain that this marriage is truly what you are wanting? How sure are you that your fiancé will never turn against you? Please don't allow your feelings of love for your fiancé, place you into potential harm. You say that the two of you lived together for a few months, what was that like? Did he ever show any warning signs of violence towards you? Please try to be absolutely certain that you enter into a marriage with open eyes and as much clarity as possible. Stay safe!

[Limey 551]

18 hours ago, Wynn Liang said:

I saw this on the criminal part, we're gonna be honest about his case and still willing to marry each other, is that still a serious problem to get denial?

Aside from the very obvious risks of marrying someone who has committed domestic violence (and serious enough to warrant jail time), it is taken very seriously by US immigration.

 

Immigrants are at much more risk of domestic violence than US citizens

1) they likely won't have family and friends that they can stay with if they decide to leave their violent partner, or to support/advise them

2) they likely won't have their own money/income to enable them to leave a partner and find alternative accommodation
3) they might be concerned about their immigration status - that by leaving their partner they will become "an illegal" and be subject to deportation.

An abuser is likely to exploit all of these above points to manipulate a victim into staying in the abusive relationship.

 

In fact US law provides some protections for immigrant victims of domestic abuse in the Violence Against Women Act, but US immigration would rather protect immigrants from violent partners in the first place than give them status when they are victims

 

Aside from the legal complications you are likely to experience trying to obtain a visa in this situation I would think long and hard about whether you really want to leave your home country, friends and family, to live with someone who was jailed for beating up a previous partner. In a past life I trained as a lawyer in my native UK and we studied about dealing with these situations. Victims of domestic abuse frequently return to their abuser convinced by the promises of change, only to become a victim again and again. If someone is capable of beating up a partner once, they are capable of doing it again. And again. And again.

 

 

Edited June 23, 2021 by Limey

[Ife2020 37]

On 6/4/2021 at 2:20 PM, Wynn Liang said:

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☺️

I think you should wait until he gets out. Him being in jail isn’t a good look.