Filing for a K-3 while incarcerated

[daboyz 36]

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

No way Canada will let him in. They wont allow to visit if you have a DWI unless your name is George Bush.

Edited October 8, 2009 by daboyz

[Old Dominion 26]

This is indeed a tough one! The bottom line seems to be that you will need to wait out his prison term before doing anything at all.

Even then, there will be normal government curiosity about how you met, if your marriage is really serious, how heinous was his crime, and of course, is the financial situation strong enough. All of these things must be answered clearly and truthfully, on forms, in interviews, and so on. Documents and proofs must be provided as well. Because of the length of his prison term (ten years and more!) let's hope that he is prepared to live the life of an ex-con and be a responsible, law-abiding citizen.

[Anh map 2,098]

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!

.. edit ..

Edited October 9, 2009 by Anh map

[meowmeow 0]

Thank you all again for this useful information. I apologize for being easily confused but I'm very new to this and I'm just starting to familiarize myself with the process. I have printed out many forms and carefully read through them but I still have a few questions.

I am aware he (the USC) will need to file form I-130. In the general instructions of this form, it reads "What Documents Do You Need to Show That You Are a U.S. Citizen?" My question is whether or not one document (he was born in the US and has a copy of his birth certificate) will be sufficient. The 6th point reads "if you do not have any of the above documents..." which leads me to believe he may not require a passport. I hope someone will be able to help me with this.

Next question is about proving my family relationship. We will have a copy of our marriage certificate (mailed to him) and neither of us were previously married before so there's no outstanding documents. I am still worried about the passport-style photograph because it states "photos must have a white background and be glossy unretouched." Though he will be able to have a picture taken, I do not believe he'll be able to have anything resembling a passport photograph. Normally there is a painted wall which he must stand up against. If by chance he's able to have his photo taken by a white wall, would that count as a "white background"? Also would cropping the photo to fit the required dimensions count as "retouching" the photograph?

Now that I've read the form more carefully, I see there's more than one option for presenting documentation of our relationship, meaning I won't have to show joint ownership of property etc. If he has documentation of when I've sent him money and when he's sent me money, does this count as "co-mingling financial resources"? If not, our other option is an affidavit. But what does it mean to have affidavits "sworn to or affirmed by third parties"? Also we have stamped letters and pictures from visits etc. to confirm our relationship. Would this be considered relevant documentation?

Thank you for taking the time to consider my questions. My last point is that I won't be able to wait until he is released because I'm not sure when he will be released (he has a new sentencing), but his charge (robbery) could result in a very lengthy sentence. Though it happened over 10 years ago, the status is still pending. As previously mentioned, it is a serious charge which is why I worried he wouldn't be eligible to apply. The only reason why I am interested in moving to the US is to make it easier for us because this is already a very difficult situation to begin with. But both of us are more than willing to answer any questions asked in interviews. Also I have no reason to move from Canada to the US other than to be with him. I'm in university, employed, etc. so hopefully this will be relevant information in the interview process. Does anyone know where the interview process will take place if he is incarcerated?

The reason why I am trying to find out all I can about this process is there IS a way for this to happen. I know of someone from the UK who immigrated to the US to be with her incarcerated husband and he has a life sentence! Unfortunately I have not been able to contact her as she has not been active in the forum since April. But in one of her posts, she said it was a very difficult process but "miracles do happen." I'm willing to do everything I can in order to make this work. But something tells me I will need to hire an immigration lawyer which might cut into the $55,000 I'm supposed to be saving I will also be contacting his grandmother to see if she could help in this situation. Again, thank you for all your helpful advice! I really appreciate your kindness and I'm so happy I've found a forum with people this well-informed.

[utopia2004 2]

Hi,

I feel your pain.. i am in a difficult situation also.. my boyfriend has convictions although he only has to do 4 months for parole violation and then he is on probation and i can visit him again - i am from the UK (see my post in another thread). Its stressful not knowing if you have a future with the person you love and believe me i don't fall in love often like this and i know i want to be with him for the rest of my life.. Its upsetting. The time i was with him, we were together constantly.

I wish you luck and will pray for you.

[Dakine 26]

It would be best if you married and about 13 months before you apply. That way you'll end up [iR-1] with a 10 year GC instead of a 2 year [CR-1] and not have to remove conditions which requires you guys living together.

[pushbrk 12,248]

It would be best if you married and about 13 months before you apply. That way you'll end up [iR-1] with a 10 year GC instead of a 2 year [CR-1] and not have to remove conditions which requires you guys living together.

They are already married but delaying US entry until after the two-year wedding anniversary is a good idea for the reasons you mention.

Cropping is not retouching but you need to pay attention to the size of the face in the cropped photo. A white background is a white background. My first passport photo was taken in front of a white wall. Evidence of visits and communication qualifies as evidence of relationship. Comingling of finances is not required. The interview is for you and you alone. It will take place in Montreal at least six months after the petition is filed.

[Dakine 26]

It would be best if you married and about 13 months before you apply. That way you'll end up [iR-1] with a 10 year GC instead of a 2 year [CR-1] and not have to remove conditions which requires you guys living together.

They are already married but delaying US entry until after the two-year wedding anniversary is a good idea for the reasons you mention.

Cropping is not retouching but you need to pay attention to the size of the face in the cropped photo. A white background is a white background. My first passport photo was taken in front of a white wall. Evidence of visits and communication qualifies as evidence of relationship. Comingling of finances is not required. The interview is for you and you alone. It will take place in Montreal at least six months after the petition is filed.

FYI. Original pot from OP.

"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. "

[pushbrk 12,248]

It would be best if you married and about 13 months before you apply. That way you'll end up [iR-1] with a 10 year GC instead of a 2 year [CR-1] and not have to remove conditions which requires you guys living together.

They are already married but delaying US entry until after the two-year wedding anniversary is a good idea for the reasons you mention.

Cropping is not retouching but you need to pay attention to the size of the face in the cropped photo. A white background is a white background. My first passport photo was taken in front of a white wall. Evidence of visits and communication qualifies as evidence of relationship. Comingling of finances is not required. The interview is for you and you alone. It will take place in Montreal at least six months after the petition is filed.

FYI. Original pot from OP.

"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. "

Hmm? That's right. Since then, she mentioned him having a marriage certificate by mail. Since I doubt they got married since the thread started, I guess the rest of the discussion is based on the assumption they WILL get married and follow the immigrant visa path. Again, delaying immigrant entry until they're married two years is a very good idea. The whole thing is going to be touchy because there's no gaurantee she'll be able to continue visiting once they marry.

[meowmeow 0]

Hello! We're not married at this time but we will be soon. However, I wanted to figure out what would truly be the best way to go about this process. Originally I had planned on the K1 or K3, but now it seems as though the IR-1 might be the best option since I'd be able to combine liquid assets and possibly sponsorship. And waiting two years seems like a good idea. But why would I not be able to visit him?

[freetv 7]

I was wondering if it would even be possible for someone to come here when their usc is in prison? What could they possibly ask at the interview, how many times did you see him last month? I mean the conviction will be hard enough to deal with not to mention proving the normal "we are a couple" stuff that everyone else has to go through. I really agree with just getting married and waiting for two years so you can avoid aos. Lets say you are able to get by at the interview in Canada... but then a real hard liner at the local uscis office doesn't like the fact that he went to jail and denies. You admit that the road ahead will be hard, so why not get through it without government intervention by waiting for two years? On the bright side... you have two years to prove to his grandma that your relationship is real and strong and worth supporting.

Edited October 10, 2009 by freetv

[pushbrk 12,248]

Hello! We're not married at this time but we will be soon. However, I wanted to figure out what would truly be the best way to go about this process. Originally I had planned on the K1 or K3, but now it seems as though the IR-1 might be the best option since I'd be able to combine liquid assets and possibly sponsorship. And waiting two years seems like a good idea. But why would I not be able to visit him?

Nobody has gauranteed passage through an international border to other than their country of citizenship. If the CBP officer gets the idea you're visiting a US Citizen spouse, they may deny entry on the grounds you have immigrant intent. The most common questions here are about visiting during the process and most of them are from Canadians. Check out the regional forum for Canada for more information about visiting during the process. Not even evidence of a job and home back in Canada are sufficient in all cases to get through. No gaurantee.

[meowmeow 0]

If it will make the process easier, then I'm more than happy to wait two years or longer. The only thing I'm worried about is the possibility I'll wait all these years and still be denied. But if there's a chance, I'll take it. Our ways of proving our relationship are limited but I still have binders full of letters, pictures, and also documentation of our phone calls (he calls me on a daily basis). But I'm still worried they won't want to let me in because of his situation. His grandmother is a very kind woman and she trusts in our relationship. She has known me for many years. The only problem is her financial struggles. She's already in debt and she's over 80 years old. I do not want to give her more reasons to worry at this time. That's why I want to work harder. I already have stocks in the bank and I hope to see a significant increase in time.

I would honestly never stay in the US without consent. But I could see why the CBP may be suspicious. I hope I do not have any problems with visiting in the future...

Edited October 11, 2009 by meowmeow

[Brother Hesekiel 2,235]

Kitty,

his US birth certificate is sufficient proof of his US citizenship, and your marriage certificate will be all you need.

That said, let me emphasize on what has already been mentioned. USCIS, like many government agencies (all over the World), cannot always be approached by reason, but put yourself in the shoes of an US immigration officer (IO) getting your file on his or her desk.

If it was me, the first question I'd have is WHY. Why would a woman from Canada want to marry a USC who's incarcerated for many years to come?

I don't have the answer to that, but if YOU have one that would satisfy an IO drilled to suspect immigration fraud, you should have an easy run.

If you don't, this will in my opinion be the biggest obstacle you'll likely encounter.

[Old Dominion 26]

Exactly! Convincing the consulate that everything is for real is going to be tough for you, especially since you have no idea of what's next for him.