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iannikki

marriage to a US prisoner

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Filed: AOS (pnd) Country: Philippines
Timeline

They will have to answer yes to the criminal convictions questions on the I129F form and provide evidence regarding that?

Are you prepared to answer the difficult questions that may be asked of you regarding those aspects during the interview and can provide evidence of a real relationship?

He will not have to answer yes to a criminal conviction.

The USCIS is only concerned about a few Criminal Convictions and they list them on the Form I-129F

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It can also hurt on the interview to an extent. There was a recent canadian interview where a guy had 18 court cases, and she found out about it AT the interview and even though they still got approved, it was pretty scrutinized to where the interviewer seemed to convince the fiance it wasn't a good idea to marry the guy lol.

Now with this being south african consulate, I imagine that it would be scrutinized a lot harder than just a "maybe you shouldn't marry him". I'd say any jail time could hurt the case in general, so she should be prepared 100% to make a convincing case.

Make sure that your fiance has prepared ALL court files.

Also, I'm more so curious about proof of domicile, and how that will be proven.

*More detailed timeline in profile!*
 
Relationship:     Friends since 2010, Together since 2013

 K-1:   2015 Done in 208 days - 212g for Second Cosponsor    

Spoiler

04/27/15- NOA1 Recieved                                                    
06/02/15 - NOA2 Recieved
09/22/15 - Interview       (221g for more documents (a SECOND cosponsor), see profile for more details!)                                            
11/09/15 -  ISSUED!!                                                              
11/10/15 - Passport received                                                
02/20/16 - Wedding!              

                                         
 AOS:   2016 Done in 77 days - No RFE, No Interview                                                                    

Spoiler

04/08/16 - I-485, I-765, I-131 AOS Application recieved by USCIS
04/12/16 - 3 NOA1's received in mail
05/14/16 - Biometrics for AOS and EAD
06/27/16 - I-485 Case to changed to "New Card being produced"  (Day 77)
06/27/16 - I-485 Case changed to Approved! (Day 77)
06/30/16 - I-485 Case changed to "My Card has been mailed to me!"
07/05/16 - Green Card received in mail! 

 


ROC:   2018 - 2019 Done in 326 days - No RFE, No Interview

Spoiler

 

05/09/18 - Mailed out ROC to CSC

05/10/18 - CSC Signed and received ROC package
06/07/28 - NOA1 

06/11/18 - Check cashed

06/15/18 - NOA received in the mail
08/27/18 - 18 month extension received (Courtesy Copy)

09/18/18 - Request for official 18 month extension
10/22/18 - Official 18 month extension received 

02/27/19 - Biometrics waived 

04/29/19 - New card being produced!
05/09/19 - USPS delivered green card! In hand now!

 

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Filed: IR-1/CR-1 Visa Country: China
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eh - most likely the couple will use the uscitizen's parents' address...

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

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Filed: IR-1/CR-1 Visa Country: China
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Unless things have changed... say they file the k1 and they're approved... after she comes over here and files for AOS, biometrics will need to be done (but he can't because he's in prison), then there's the interview, but he can't attend that either because (he's in prison).... Have i missed anything folks? So HOW is this going to work? You might say we here do not know anything... but one one hand we have one petitioning from prison and the second coming in from (i forgot where already. .. africa? ) Nevertheless, prisons are just as much high fraud as high fraud countries. You have a bunch of desperate lonely inmates with limited computer access. And many inmates (if all) in there are trying to find a sympathetic ear or trying to find someone to take advantage of. Its a cycle. I dont know how you met... but I'd be extremely cautious. He's there for a reason.

for adjustment of status, biometrics done on the beneficiary.

yer right about the joint interview for AOS, though.

still, with a modicum of planning, if he's out within 18 months of marriage, they can file the AOS set afterwards. {no, is no hard rule on this one, it just seems more aligned with a calendar}

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

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Filed: K-1 Visa Country: Wales
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This subject comes up every year or so, it is not a stopper as a general principal, specifics may matter.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: Other Country: China
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Unless things have changed... say they file the k1 and they're approved... after she comes over here and files for AOS, biometrics will need to be done (but he can't because he's in prison), then there's the interview, but he can't attend that either because (he's in prison).... Have i missed anything folks? So HOW is this going to work? You might say we here do not know anything... but one one hand we have one petitioning from prison and the second coming in from (i forgot where already. .. africa? ) Nevertheless, prisons are just as much high fraud as high fraud countries. You have a bunch of desperate lonely inmates with limited computer access. And many inmates (if all) in there are trying to find a sympathetic ear or trying to find someone to take advantage of. Its a cycle. I dont know how you met... but I'd be extremely cautious. He's there for a reason.

When did a petitioner ever have to do biometrics? My wife went to the US on a K-1 visa and now has a 10 year GC...I never once did biometrics or went to an interview.

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Filed: Citizen (apr) Country: Mexico
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This is not a new situation. You can search and find previous posts about people immigrating to marry someone in prison.

Someone in prison is not ineligible to file a petition for a spouse/fiance(e)/family member. The I-129F instructions specify which types of convictions require providing criminal records. The IMBRA laws are mainly about disclosure, and the foreign fiance(e) obviously already knows about their criminal history.

Not sure why the petitioner would prove domicile. This is not something normally required for a K-1 visa and the I-134. I know Canada appears to be strict about that, but most other countries do not care about that for the K-1. Besides, the guy resides in the US. It just happens to be in a prison at the moment, and his parents will co-sponsor.

The petitioner will not need to get biometrics. He is the USC. If he is still in prison and they happen to get an AOS interview later, then their circumstances can be told to/worked out with the USCIS, if it even ever comes to that.

Funding for immigration mainly comes from the form/visa processing fees, so there should be no need for 'outrage' on the part of US taxpayers.

OP> Read through the I-129F instructions, and if he has convictions for any of the crimes listed, be sure to provide the records for those with the petition. The USC petitioner does not have to be at the interview, especially if they absolutely cannot be. In your situation, you need to be sure to include plenty of proof of meeting in person, and evidence that your relationship is real and valid with your I-129F petition. Bring plenty more to the K-1 visa interview too. Your main challenge will most likely be convincing the CO that your relationship is bona fide. It helps some that his parents know of the relationship and are willing to co-sponsor you.

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

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You are an adult and its up to you if you want to marry this person.

This paragraph is just my musings as I always thought it was odd for spousal visas: I know for spousal visa you can only apply after having a proxy marriage if it has later been consummated, do they have a similar rule for marriages where it may be the case where you can't consumate it. If his prison doesn't permit conjugal visits that is. I know for any one else it will be assumed that consummation has happened. Not that I think this is an issue for you but it is an interesting discrepancy in their treatment of people.

Depending on the number and nature of his convictions he might have been required to report it on the fiancé petition and then provide any reports relating to those convictions if indicated by the form.

He would not be required to attend an interview for your fiancé visa but could be for your adjustment of status after marriage and the only people I have seen exempt for this have been spouses who are active military who have been deployed.

K-1 Met:2002 Dating :2003 I-129F Sent : 2013-06-01 I-129F NOA2 : 2013-08-20 Medical: 2013-12-20 Interview Date : 2014-01-22 POE: 2014-02-19 Wedding: 2014-03-18

AOS/EAD Date Filed : 2014-04-04 BioAppt: 2014-05-13 EAD in Production: 2014-07-08 Interview date: 2014-07-14 Green Card received: 2014-07-19

ROC Date Filed: 2016-04-26 Cheque Cashed: 2016-05-10 NOA1: 2016-04-28 Biometrics: 2016-06-30 Approved: 11-08-2016 Green Card Received: 11-18-2016

 

Citizenship Date Filed: 2017-04-18 Cheque Cashed: 2017-04-24- NOA1:2017-04-21  Biometrics: 2017-05-19 Inline: 2017-07-12 Interview Date: 2018-02-13 Oath: 2018-03-15

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Filed: Other Country: Canada
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Some people end up getting an interview waiver. Op may be so lucky. Uscis doesn't make demands that marriages are consummated simply bonifide

Some people end up getting an interview waiver. Op may be so lucky. Uscis doesn't make demands that marriages are consummated simply bonifide

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Filed: Citizen (apr) Country: Ecuador
Timeline

only the beneficary can go to the interview

He would not be required to attend an interview for your fiancé visa

The consulates can order the petitioner to appear, and have done so. Let's have no more Pollyanna thinking and misleading posts about this most crucial part of the immigration journey.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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