How to file for K1 when my fiance is in jail?

[Diam0nd 0]

Hi everyone. I am new here and need your advice regarding the topic immediately... This is our situation.

My fiancee is currently in jail serving his time (for arm robbery) and will be released next summer.

I'm trying to get K1 visa and go back to US around the time he gets out.

He already did 2 years and I have visited him last July and this September (We took pictures each time).

I have figured the requirements for K1 and have everything almost ready.

I will send them to my fiancee's family in US and they will send the package to USCIS.

Now, my questions are below.

- In my fiancee's address, should I put the jail's address or his home address?

I would like to put his home address because there is so much possibility that the notifications from USCIS would not reach to my fiancee if it's sent to the jail.

- On Declaration of how we met in person in the last two years, should I be honest and explain about my fiancee's situation being in jail?

- Are we most likely to be denied due to his crime? Is there any idea how much possibility it would be?

Please someone help me =( Your advise would be really really really appreciated...

Thank you for reading.

[InHisTime 110]

Hi everyone. I am new here and need your advice regarding the topic immediately... This is our situation.

My fiancee is currently in jail serving his time (for arm robbery) and will be released next summer.

I'm trying to get K1 visa and go back to US around the time he gets out.

He already did 2 years and I have visited him last July and this September (We took pictures each time).

I have figured the requirements for K1 and have everything almost ready.

I will send them to my fiancee's family in US and they will send the package to USCIS.

Now, my questions are below.

- In my fiancee's address, should I put the jail's address or his home address?

I would like to put his home address because there is so much possibility that the notifications from USCIS would not reach to my fiancee if it's sent to the jail.

- On Declaration of how we met in person in the last two years, should I be honest and explain about my fiancee's situation being in jail?

- Are we most likely to be denied due to his crime? Is there any idea how much possibility it would be?

Please someone help me =( Your advise would be really really really appreciated...

Thank you for reading.

I'm sorry to hear about your Fiance. By the way, before going further, let me first clear up to you the thing "fiance and fiancee" as I am quite confused who is really the one going to file for K-1 petition. Please take note, Fiance refers to the man engaged to be married; while Fiancee is the woman engaged to be married. Since you used "his" to refer your SO, then, you are the beneficiary or fiancee.

Honestly, I really admire the essence of love you have with your fiance. He is in jail now, but, it doesn't stop you from loving / seeing him. That's good of you being supportive.

Since he is still in jail, that means he is still serving the consequence of his action. I am not sure if it alright to file the petition for K-1 at this moment. I just thought he should have first clearance from the crime he committed.

Let us wait for senior and experienced VJ members to chime in for an accurate answer.

Yes, definitely, you need to be HONEST in all the processes / steps. There is no way to cover up anything, as it will surely come out. Be proactive though.

God bless you and your fiance. Good luck !

[Penguin_ie 5,999]

**** one judgemental post removed- OP came here for immigration advice, not life counselling ****

Always be honest with immigration, they will find out anyways. You can put a different mailing address from his physical (jail) address.

[LIFE'SJOURNEY 970]

Use his home mailing address, USCIS will find out everything about him when they do a background check.

[Diam0nd 0]

I'm sorry to hear about your Fiance. By the way, before going further, let me first clear up to you the thing "fiance and fiancee" as I am quite confused who is really the one going to file for K-1 petition. Please take note, Fiance refers to the man engaged to be married; while Fiancee is the woman engaged to be married. Since you used "his" to refer your SO, then, you are the beneficiary or fiancee.

Honestly, I really admire the essence of love you have with your fiance. He is in jail now, but, it doesn't stop you from loving / seeing him. That's good of you being supportive.

Since he is still in jail, that means he is still serving the consequence of his action. I am not sure if it alright to file the petition for K-1 at this moment. I just thought he should have first clearance from the crime he committed.

Let us wait for senior and experienced VJ members to chime in for an accurate answer.

Yes, definitely, you need to be HONEST in all the processes / steps. There is no way to cover up anything, as it will surely come out. Be proactive though.

God bless you and your fiance. Good luck !

Thank you for your reply and correction of fiance/fiancee.

I'm pretty sure it is possible for an inmate to file for some type of visa including K1 since I have seen some people who were in the same situation sharing their experiences of it but I needed to know more specific details about processing.

Yeah, I guess I will wait for those people who's experienced and has knowledge about this. But, thanks anyways!

**** one judgemental post removed- OP came here for immigration advice, not life counselling ****

Always be honest with immigration, they will find out anyways. You can put a different mailing address from his physical (jail) address.

Thank you very much! I will do so.

[Diam0nd 0]

Use his home mailing address, USCIS will find out everything about him when they do a background check.

Thank you so much for your reply. I will do that.

[Touch of Treble 39]

my only question on this is - the condition of applying is that you are both free to marry - Is he free to marry while still serving a jail term? Does that come into it? He needs to sign the docs as he is your petitioner as I think you are the Non-USC. He will also need a good co-sponsor as his income is below the poverty level. You won't need to deal with that until after the initial approval but it is something to keep in mind. Maybe a chat with an Immigration lawyer might best answer your questions.

[del-2-5-2014 1,339]

Do not lie or try to hide facts on the forms.

[InHisTime 110]

Thank you for your reply and correction of fiance/fiancee.

I'm pretty sure it is possible for an inmate to file for some type of visa including K1 since I have seen some people who were in the same situation sharing their experiences of it but I needed to know more specific details about processing.

Yeah, I guess I will wait for those people who's experienced and has knowledge about this. But, thanks anyways!

Thank you very much! I will do so.

Ooh..that is good to know. Go ahead girl! Good luck and may God bless you and your fiance.

Edited September 23, 2012 by InHisTime

[Diam0nd 0]

my only question on this is - the condition of applying is that you are both free to marry - Is he free to marry while still serving a jail term? Does that come into it? He needs to sign the docs as he is your petitioner as I think you are the Non-USC. He will also need a good co-sponsor as his income is below the poverty level. You won't need to deal with that until after the initial approval but it is something to keep in mind. Maybe a chat with an Immigration lawyer might best answer your questions.

Thanks for your reply.

Yes, an inmate is able to marry during serving his time. Well, at least in NY. Although we won't get married until he comes out. My fiance will be definitely out by the time I get K1 visa God willing.

Regarding a co-sponsor, his family will do it, so I think that shouldn't be a problem.

Do not lie or try to hide facts on the forms.

Okay. Thanks!

[hsn 2]

Hi everyone. I am new here and need your advice regarding the topic immediately... This is our situation.

My fiancee is currently in jail serving his time (for arm robbery) and will be released next summer.

I'm trying to get K1 visa and go back to US around the time he gets out.

He already did 2 years and I have visited him last July and this September (We took pictures each time).

I have figured the requirements for K1 and have everything almost ready.

I will send them to my fiancee's family in US and they will send the package to USCIS.

Now, my questions are below.

- In my fiancee's address, should I put the jail's address or his home address?

I would like to put his home address because there is so much possibility that the notifications from USCIS would not reach to my fiancee if it's sent to the jail.

- On Declaration of how we met in person in the last two years, should I be honest and explain about my fiancee's situation being in jail?

- Are we most likely to be denied due to his crime? Is there any idea how much possibility it would be?

Please someone help me =( Your advise would be really really really appreciated...

Thank you for reading.

Hi

a) First of all, the K1 petition is filed by Petitioner who is residing in USA and US Citizen. And, for approval from NVC, it takes around 5 months and 3 months for foreign alien (the beneficiary for whom you filed the petition.) So, it takes approx 8 months to get it.

b) Secondly, when you file the petition for your fiance/or fiancee, both you will have to fill up some form in which you describe/mention some basic information which also includes about health, crime, and other things.

c) Thirdly, you have mentioned here that your fiance/fiance is in jail for Arm Robbery Crime and already served two year and next year he/she will come out from the jail. But I would like to clear that it does depend upon the country in which he/she is serving the sentence whether they will allow him/her to go abroad or not.

d) Fourth, always use his/her home mailing address where he/she used to live or what he/she has in her/his passport. There is nothing to hide anything because when you file the petition in future for him/her, he/she will need to go for PCC i.e Passport Clearance Certificate. They will come to know about his/her past doing. So, always do use her/her mailing address.

Now, the point comes on your statement that "I have figured the requirements for K1 and have everything almost ready. I will send them to my fiancee's family in US and they will send the package to USCIS."

My question on your above statment:

a) Is your fiance/fiance is US Citizen?

b) Does your fiance/fiance parents or family live in USA?

c) In which country he/she serving sentence for Arm Robbery?

Let me know the above answer so that I can say you more in details and others can also give more points on your topic.

Thanks

[LIFE'SJOURNEY 970]

HSN, the petitioner is a USC, serving time in a US jail. All of this was presented in the orginial post.

[abner137 48]

If that works out that's a good way to kill two birds with one stone on the waiting......

Good Luck.

[Anh map 2,098]

There have been VJ members in the past that have been successful obtaining a K1 visa while the USC is incarcerated.

As stated already, the background check will reveal everything, no reason to hide it. Being untruthful is one reason for denial.

The CO will want to see a true relationship. Not being forthcoming will only add to the CO's skepticism. Lay it all out and show how the relationship has developed.

[NigeriaorBust 4,087]

Remember that some of the forms must have his original signature. I am not sure if you have gotten those yet. If not there is usually a process to allow him to sign legal documents.