Filing for a K-3 while incarcerated

[meowmeow 0]

Hello! I am a Canadian citizen and I really need help with the K-3 process. My boyfriend is a US citizen who is currently incarcerated. Originally I had planned on going through the K-1 process until I learned sponsorship is required and that's not an option for us. So I was given helpful advice and apparently as a Canadian I'll be able to marry him while visiting the US. Then I can return home and he can file for a K-3 visa. But I'll a little worried he won't be eligible because of his incarceration. Does anyone know if he would be? And would this pose any problems to my application? I have no prior felonies but he's convicted of a serious charge (though it is not a sex crime). Would this mean he is ineligible from applying? Also is sponsorship required at all in the K-3 process? Or would adjusting my status be based completely on my own income etc. Thanks for your time!

[rsn 135]

Hello! I am a Canadian citizen and I really need help with the K-3 process. My boyfriend is a US citizen who is currently incarcerated. Originally I had planned on going through the K-1 process until I learned sponsorship is required and that's not an option for us. So I was given helpful advice and apparently as a Canadian I'll be able to marry him while visiting the US. Then I can return home and he can file for a K-3 visa. But I'll a little worried he won't be eligible because of his incarceration. Does anyone know if he would be? And would this pose any problems to my application? I have no prior felonies but he's convicted of a serious charge (though it is not a sex crime). Would this mean he is ineligible from applying? Also is sponsorship required at all in the K-3 process? Or would adjusting my status be based completely on my own income etc. Thanks for your time!

All of the spousal or fiance visas require the petitioner (your boyfriend) to prove he has enough income to support you. If he doesn't, a co-sponsor must be lined up.

[Dakine 26]

Hello! I am a Canadian citizen and I really need help with the K-3 process. My boyfriend is a US citizen who is currently incarcerated. Originally I had planned on going through the K-1 process until I learned sponsorship is required and that's not an option for us. So I was given helpful advice and apparently as a Canadian I'll be able to marry him while visiting the US. Then I can return home and he can file for a K-3 visa. But I'll a little worried he won't be eligible because of his incarceration. Does anyone know if he would be? And would this pose any problems to my application? I have no prior felonies but he's convicted of a serious charge (though it is not a sex crime). Would this mean he is ineligible from applying? Also is sponsorship required at all in the K-3 process? Or would adjusting my status be based completely on my own income etc. Thanks for your time!

K3/CR-1 aren't much difference in regards to cosponsors as the K1. Unless you guys can get a US resident co sponsor your chances are slim and none unless he has money stashed away and substantial assets.

Edited October 8, 2009 by Dakine

[meowmeow 0]

Really? I was under the impression that if I was his spouse then my assets could be used to self-sponsor. I'm not sure what that entirely entails but that is what I was told when I mentioned filing for a K-1 in the other forum. I was hoping applying as a spouse would somehow be different than applying as a fiance.

[pushbrk 12,179]

Really? I was under the impression that if I was his spouse then my assets could be used to self-sponsor. I'm not sure what that entirely entails but that is what I was told when I mentioned filing for a K-1 in the other forum. I was hoping applying as a spouse would somehow be different than applying as a fiance.

For the CR1 (not the K3) visa, your assets can be considered but not your employment income unless it would continue from the same source after you immigrate. For a household size of two, you would need about $55,000 USD in "liquid" assets (like cash) to qualify based on assets alone. Based on what you say about the USC's criminal record, it's not an issue with a CR1 process.

[Jamaican JNR 2]

Hello! I am a Canadian citizen and I really need help with the K-3 process. My boyfriend is a US citizen who is currently incarcerated. Originally I had planned on going through the K-1 process until I learned sponsorship is required and that's not an option for us. So I was given helpful advice and apparently as a Canadian I'll be able to marry him while visiting the US. Then I can return home and he can file for a K-3 visa. But I'll a little worried he won't be eligible because of his incarceration. Does anyone know if he would be? And would this pose any problems to my application? I have no prior felonies but he's convicted of a serious charge (though it is not a sex crime). Would this mean he is ineligible from applying? Also is sponsorship required at all in the K-3 process? Or would adjusting my status be based completely on my own income etc. Thanks for your time!

The USC being locked up is not much of a liability, because under immigration laws, only if you are out of status and incarcerated then it would be. You can use co-sponsors to bring you over the poverty guideline; ask his family or friends to be the co-sponsor.

[meowmeow 0]

Thank you all for you replies. You have been so helpful!

The problem with cosponsorship is that he's not in contact with many of his family members. The only person who would be willing to sponsor me at this point would be his grandmother and she is retired so I don't think she would be eligible. He's been incarcerated for over 10 years so he has really lost contact with most of his friends and family. Other than her, I do not know anyone from the US who would be willing to cosponsor me, especially because of the situation. Will a cosponsor need to be present for the interviews or are they involved only in the paperwork? Also is a cosponsor able to back out under a particular circumstance (say I'm not able to fulfill my duties as a permanent resident) or can they back out for any reason? The reason why I'm hesitant to consider a cosponsor is because I'm afraid it will be asking too much from them (if they have to go to the interviews etc.) or that they will change their mind (for any reason).

I do not completely understand the concept of liquid assets. Does that mean I can work here in Canada until I have $55,000 USD in my account and then apply for the CR1? And if I'm approved and I'm able to move to the US, will I need to find a job right away? Is there a level of income that I'm expected to meet every year? Or do the assets enable me to search for a job at a later date?

[Dakine 26]

Thank you all for you replies. You have been so helpful!

The problem with cosponsorship is that he's not in contact with many of his family members. The only person who would be willing to sponsor me at this point would be his grandmother and she is retired so I don't think she would be eligible. He's been incarcerated for over 10 years so he has really lost contact with most of his friends and family. Other than her, I do not know anyone from the US who would be willing to cosponsor me, especially because of the situation. Will a cosponsor need to be present for the interviews or are they involved only in the paperwork? Also is a cosponsor able to back out under a particular circumstance (say I'm not able to fulfill my duties as a permanent resident) or can they back out for any reason? The reason why I'm hesitant to consider a cosponsor is because I'm afraid it will be asking too much from them (if they have to go to the interviews etc.) or that they will change their mind (for any reason).

I do not completely understand the concept of liquid assets. Does that mean I can work here in Canada until I have $55,000 USD in my account and then apply for the CR1? And if I'm approved and I'm able to move to the US, will I need to find a job right away? Is there a level of income that I'm expected to meet every year? Or do the assets enable me to search for a job at a later date?

Sorry but your assets and money doesn't count. The petitioner as to qualiy. How much longer before he gets out of prison?

Plus the petitioner is the one that submits the I-130 to get the CR-1.

Edited October 8, 2009 by Dakine

[meowmeow 0]

I'm so confused. Then there's no liquid assets which qualify for the CR-1? He won't be out of prison for a long time... but I won't know the exact date until his new sentencing. And I'm reading the instructions for the I-130 and I don't know how he's going to prove our family relationship because it's not like he can go out and get a passport picture. I don't even think he has a passport. He has a birth certificate, and we'd have a marriage license but how are we supposed to prove joint custody ect. in this situation?

[JoBri 545]

What a difficult situation. Maybe it would be easier him coming to Canada?

It took a year and a half to get my wife here, and that is without being incarcerated. I did most all of the work myself for her, because I didnt want her to have to worry about a thing. There was a lot of work involved in getting her here. It took so long because Vermont Service Center was so far behind.

The income thing was a worry to me, and I kept working overtime just so it wouldnt be an issue.

Y'all got a hard road ahead of you in coming here

Edited October 8, 2009 by Brijo

[trailmix 77]

Brijo - the petitioner is in prison.

Yes, liquid assets do qualify for the CR1 and as his wife your assets can be included. The amount required is 3 x 125% of the poverty guidelines, for a household of 2, so $ 54,636.00 U.S. dollars (might be a bit higher for 2010 as they change each year).

I would recommend that you read the instructions for the I-864 (affidavit of support) - then you will have a better understanding of what is required.

Also, just so you are clear (this is a quote from the Adjudicator's field manual)

· Able to demonstrate the means to maintain an income of at least 125% of the Federal Poverty Guidelines for the sponsor’s household size, including the immigrants being sponsored or previously sponsored. A sponsor on active duty in the U.S. Armed Forces, other than active duty for training, who is petitioning for a spouse or child must only demonstrate the means to maintain an income equal to at least 100% of the Federal Poverty Guidelines. Assets of the sponsor, the intending immigrant, or both may be used to demonstrate this requirement.

As for the passport photo, it needs to be a "passport-style color photo". Therefore you could take the picture and just have it cropped to the correct size.

Edited October 8, 2009 by trailmix

[pushbrk 12,179]

Brijo - the petitioner is in prison.

Yes, liquid assets do qualify for the CR1 and as his wife your assets can be included. The amount required is 3 x 125% of the poverty guidelines, for a household of 2, so $ 54,636.00 U.S. dollars (might be a bit higher for 2010 as they change each year).

I would recommend that you read the instructions for the I-864 (affidavit of support) - then you will have a better understanding of what is required.

Also, just so you are clear (this is a quote from the Adjudicator's field manual)

· Able to demonstrate the means to maintain an income of at least 125% of the Federal Poverty Guidelines for the sponsor’s household size, including the immigrants being sponsored or previously sponsored. A sponsor on active duty in the U.S. Armed Forces, other than active duty for training, who is petitioning for a spouse or child must only demonstrate the means to maintain an income equal to at least 100% of the Federal Poverty Guidelines. Assets of the sponsor, the intending immigrant, or both may be used to demonstrate this requirement.

As for the passport photo, it needs to be a "passport-style color photo". Therefore you could take the picture and just have it cropped to the correct size.

The above is all correct. I'm sorry you are getting conflicting information but it you making assumptions isn't helping you either. Retired people can co-sponsor and no, they can't just back out. It's a contract.

I think your larger problem is evidence of a bona fide relationship. There's probably no point in your attempting to obtain an immigrant spouse visa in advance of his release from prison. You could start the process a few months before his scheduled release.

Also, be aware that it's the US Citizen that files the I-130 petition.

If you don't understand the term "assets" try a dictionary, really. The keys to success in the immigration process are reading carefully, interpreting literally and responding accurately. Even the best prepared of us need to consult a dictionary from time to time.

Liquid assets, for USCIS purposes are things that can reasonably be converted to cash within a year without hardship to the owner. For instance they won't count the home in which you live or a car if it's your only transportation. Essentially, liquid assets are money in the bank, investments available to sell, like stock, bonds, mutual funds etc.

[JoBri 545]

Brijo - the petitioner is in prison.

Yes, liquid assets do qualify for the CR1 and as his wife your assets can be included. The amount required is 3 x 125% of the poverty guidelines, for a household of 2, so $ 54,636.00 U.S. dollars (might be a bit higher for 2010 as they change each year).

I would recommend that you read the instructions for the I-864 (affidavit of support) - then you will have a better understanding of what is required.

Also, just so you are clear (this is a quote from the Adjudicator's field manual)

· Able to demonstrate the means to maintain an income of at least 125% of the Federal Poverty Guidelines for the sponsor’s household size, including the immigrants being sponsored or previously sponsored. A sponsor on active duty in the U.S. Armed Forces, other than active duty for training, who is petitioning for a spouse or child must only demonstrate the means to maintain an income equal to at least 100% of the Federal Poverty Guidelines. Assets of the sponsor, the intending immigrant, or both may be used to demonstrate this requirement.

As for the passport photo, it needs to be a "passport-style color photo". Therefore you could take the picture and just have it cropped to the correct size.

Hmmm, I believe I made reference to the incarceration thing. That i what that word means... locked up, jail, prison, confined

[trailmix 77]

Yes you did, but when I read your post you hadn't written anything other than 1 line. Besides, suggesting that he move to Canada is maybe just further complicating things. He has a criminal record, you know from reading this board that some crimes make you inadmissable to the U.S. - it is the same for Canada. Anyway, it's kind of a moot point right now.

And yes, I do know what the word means.

Edited October 8, 2009 by trailmix

[Kathryn41 3,205]

Inappropriate comment has been removed. Comments that might be allowed in the Off-Topic forum are not allowed here. If you have nothing useful to add to the discussion, then do not post.

Edited October 8, 2009 by Kathryn41