marriage to a US prisoner

[cdneh 3,112]

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.

We were not interviewed for AOS or ROC. And not active military or deployed either.

[belinda63 2,981]

Madtown a felon can petition someone for a K-1........I did it. It depends on the crime. It is highly advised she know all his criminal history as my then fiancé was asked about it.

The only real issue I see with him being a prisoner would be the length of the sentence. If it is relatively short say less than three years then ok, a year to process and get here, two more in prison before they start a life together (not taking into account early release/parole). If the sentence were longer than that I could see it being an issue as they couldn't really be husband and wife and what would be the point of her immigrating. Just my opinion.

[Illiria 980]

We were not interviewed for AOS or ROC. And not active military or deployed either.

Sorry meant that for those who are called for interview for AOS then the spouse is normally required to attend as well unless the spouse is on active deployment.

[Jawaree 717]

He can petition you for K1 if his parents will be co-sponsor

If his conviction is not Adam Walsh Act

Since you saw him in the last 2 yrs & this is what you want and its your life.

He has 90 days to be married after you arrive, so check with his institution

on marriage procedure way before your arrival. If he is in FEDS check it

out thoroughly federal inmates are like property of the state.

Live & let Live!

Edited August 3, 2015 by Jawaree

[MouadsWife 161]

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.

I got the vice versa backwards regarding the biometrics, ....but as a peitioner, he would need to go to the interview with her. Thats part of the whole process in proving marital status. I think this one is going to be hard to prove as being a bonafied marriage. We are all aware that when we go through and prepare for the interview process, certain evidences have to be obtained. Joint accounts, credit cards, bank, etc, leases, mortgage or rent, insurances, pictures proving ongoing relationship HAVE to be supplied. If the petitioner is in prison, and can't supply any of these evidences, how can this be a bonafied marriage "in the eyes of uscis"... (note: I did not say in the eyes of of peers, man or God. ) I said in the eyes of uscis which is a "Completely" different thing.

[TRUSTNOONE 8]

Forget being judgmental, why in the world would a man in prison be allowed to bring someone here? He can't support himself, much less another person. And why would a person come here to marry a person in prison? Judgment or not, this defies reality....just sayin... As an American taxpayer, I think I have a right to comment on this one....

I completely agree with this! I think even prisoner's have rights but this is too much - actually bringing somebody from another country here for marriage when you are in PRISON? Come, get married then go back and keep in touch online or through snail mail or however. Come join him if he ever gets out... I know I sound harsh but this is incredulous. I wish we would reform the whole immigration system.

[raven52 233]

Certain "white collar" crimes, that are felonies, are not anything to keep your K-1 from going through.

I would be more worried about what crime "put him in jail" as violent crimes are specifically asked about on the K-1 application. EX: Domestic abuse, and to what extent.,., etc.

[Jawaree 717]

Petitioners are mot needed at interviews

& yes OP should know his total criminal

history for the interview. I wont give advise

on relationship since it was just info regarding

the immigration process requested

[iannikki 8]

Yeah, except your tax dollars aren't bringing somebody here for that prisoner so your outrage is moot. It's her choice do not our business despite agreeing or disagreeing with it.

Outrage over free education and health care for prisoners on the other hand...

Transborderwife thank you, as I said before I asked advise not judgenment. It is my choice. I WILL NOT BE RELYING ON THE AMERICAN GOVERNMENT FOR A SINGLE CENT.

[TRUSTNOONE 8]

I thought I'd add that I think it's not just an issue of 1% of USCIS fund coming from our taxes (of course when you are talking about billions of dollars 1% isn't quite as tiny as you would think). I think it's also the idea of somebody who when they come here won't even be really spending time with their spouse much (due to circumstances) and that persons paperwork getting put ahead of others who are trying to come and will be REALLY spending time with the petitioners. I realize it's the petitioner in this case that isn't a law abiding citizen but it irks me to see a non law abiding citizen gets the same rights as me in this case. Particularly while they are IN PRISON. It would be another story if they were already out.

[iannikki 8]

He can petition you for K1 if his parents will be co-sponsor

If his conviction is not Adam Walsh Act

Since you saw him in the last 2 yrs & this is what you want and its your life.

He has 90 days to be married after you arrive, so check with his institution

on marriage procedure way before your arrival. If he is in FEDS check it

out thoroughly federal inmates are like property of the state.

Live & let Live!

Jawaree thank you very much I apprediate the non judgement and the information

[iannikki 8]

Petitioners are mot needed at interviews

& yes OP should know his total criminal

history for the interview. I wont give advise

on relationship since it was just info regarding

the immigration process requested

thank you because that is all I asked for

[mallafri76 1,012]

There are a lot of good people in prison, my husband included, who grew up under horrible conditions and just never had a chance until now. OP, don't be discouraged by judgmental people. The phrase "people in glass houses shouldn't throw stones" comes to mind when I hear people and their judgement. No one is perfect and everyone makes mistakes...

OP, if your fiance is in prison I would think you're better off with a CR/IR-1 visa. Mainly because with the K-1 visa, you need to get married within 90 days and that might be difficult to arrange with the prison. Also, remember that you have to get married in a ceremony you're both present at, unless you're fiance is in a state that allow family visits (which is extremely rare).

My husband and I decided on the CR/IR-1 visa rather than the K-1 because of the planning that goes into a prison wedding but also because on the CR/IR-1 visa, you'll be able to work straight away, which is obviously especially important with a spouse in prison. For bona fida proof, you send in the same proof as everyone else: photos of you together and with family, passport stamps/boarding passes of your trip/trips to see him, chat/email logs, phone records... This is for the CR/IR-1 visa thought, which I really think will be better in your case.

As someone else has already said, there are some crimes that may exclude your fiance/future husband from petitioning for you, so read up on the Adam Walsh act if your fiance is in prison for sexual- or violent crimes. When it comes to the K-1 visa, drug crimes also plays a part.

You can read it in my timeline but my husband and I are at the final stages of our visa journey, waiting for case complete from NVC this week and then on to the interview. My husband's imprisonment hasn't affected our visa journey so far, just as it shouldn't.

OP or anyone else with a loved one in prison, feel free to PM me if you have any questions specific to our situations. Any judgmental person feeling the need to PM me, DON'T. I will report you to the MODs for further action.

Edited August 3, 2015 by mallafri76

[mallafri76 1,012]

I thought I'd add that I think it's not just an issue of 1% of USCIS fund coming from our taxes (of course when you are talking about billions of dollars 1% isn't quite as tiny as you would think). I think it's also the idea of somebody who when they come here won't even be really spending time with their spouse much (due to circumstances) and that persons paperwork getting put ahead of others who are trying to come and will be REALLY spending time with the petitioners. I realize it's the petitioner in this case that isn't a law abiding citizen but it irks me to see a non law abiding citizen gets the same rights as me in this case. Particularly while they are IN PRISON. It would be another story if they were already out.

Actually, where my husband is, we get visits four days a week from 8 am to 3 pm, so in some instances, I think people in prison spend more time with their spouse than people on the outside...

And what's a non-law abiding citizen? Someone who didn't see a stop sign and accidentally hit another car? Someone who drove over the speed limit and was in an accident not caused by them? Someone chatting with a woman online who later on turns out to be 16 even though she said she was 21? Because you go to prison for either of those crimes, unless you have money of course.... I agree that people who commit rape, murder and other violent crimes should be stripped of some of their rights but there are a lot of good people in prison too. People who just made a mistake and have to pay for it for the rest of their lives.

[iannikki 8]

He will have to file for your K-1 visa through the regular channels. There is no presumption or requirement that the petitioned be present at the interview - you should be OK in that sense.

Good luck with your journey!

thank you for the kind words