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

[Moomin 292]

As advised, remember to be honest. Not only him to the USCIS but him to you as well - they may ask questions about this at interview. In fact, I think they will ask questions. Not only because he has been in jail but because of the affidavit of support and how he plans on supporting not only himself but you as well. One thing is him being out of prison at the time of your interview, another is him being a sponsor living up to the income requirement. Co-sponsors are allowed however tread carefully because even with a co-sponsor, it depends on your country and the interviewing officer.

There are several stages of this process. One thing is for your fiance to be legally free to marry, having met you and being a US citizen. That's about what makes him eligible to submit a petition and have it approved - and ofcourse his criminal record. The next stage digs a bit more into the income requirements when you reach the embassy stage. Having a petition approved is not the same as having a visa approved. I'd advise you to look into both stages and what comes after you enter the US because you will again be met with income requirements.

Good luck on your journey.

[Pinkrlion 2,725]

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.

Free to marry only pertains to the issue of already married or recently divorced. The petitioner can have anyone assist with the filing of paperwork, and they do not have to be a lawyer. If beneficiary is mailing itms to family of USC, then they will obtain signatures, etc...

Tell the truth of how you met, your story will be no different than anyone else.

[Jacque67 7,328]

A 3 year sentence sounds short for armed robbery.

I would use his prison address as he will be able to receive the NOA1 there.

[Kathryn41 3,205]

One additional judgmental post removed. Please restrict your comments to the immigration question asked.

Edited September 23, 2012 by Kathryn41

[Wakey86 12]

I don't have any immigration-related advise to give you but I can offer my moral support- I think it's admirable for you to be in the relationship for the long-haul & to want to go through the entire process of paperwork in your current situation.

It's very unfair that some people on VJ are judgmental and self-righteous

Love conquers everything; that's one thing people have to understand. And just like Jesus said "Let him that is without sin be the first to throw a stone".

Take heart,make sure you do a double-checklist of what is required and all should work out.

All the best

[Diam0nd 0]

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.

Very glad to hear that. I feel a little relieved now. Thank you.

[Diam0nd 0]

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.

Yes, he signed the forms and sent them back to me. Thank you.

[Diam0nd 0]

As advised, remember to be honest. Not only him to the USCIS but him to you as well - they may ask questions about this at interview. In fact, I think they will ask questions. Not only because he has been in jail but because of the affidavit of support and how he plans on supporting not only himself but you as well. One thing is him being out of prison at the time of your interview, another is him being a sponsor living up to the income requirement. Co-sponsors are allowed however tread carefully because even with a co-sponsor, it depends on your country and the interviewing officer.

There are several stages of this process. One thing is for your fiance to be legally free to marry, having met you and being a US citizen. That's about what makes him eligible to submit a petition and have it approved - and ofcourse his criminal record. The next stage digs a bit more into the income requirements when you reach the embassy stage. Having a petition approved is not the same as having a visa approved. I'd advise you to look into both stages and what comes after you enter the US because you will again be met with income requirements.

Good luck on your journey.

Thank you very much for your advice. You are right. Well, regarding the interview, I'm sure we should be fine because we hide nothing to each other. But, I don't really understand the line "it depends on your country" and would appreciate it if you could explain a little more.

[Diam0nd 0]

Free to marry only pertains to the issue of already married or recently divorced. The petitioner can have anyone assist with the filing of paperwork, and they do not have to be a lawyer. If beneficiary is mailing itms to family of USC, then they will obtain signatures, etc...

Tell the truth of how you met, your story will be no different than anyone else.

I will. I was just worried about how his criminal record would affect on this.

[Diam0nd 0]

I don't have any immigration-related advise to give you but I can offer my moral support- I think it's admirable for you to be in the relationship for the long-haul & to want to go through the entire process of paperwork in your current situation.

It's very unfair that some people on VJ are judgmental and self-righteous

Love conquers everything; that's one thing people have to understand. And just like Jesus said "Let him that is without sin be the first to throw a stone".

Take heart,make sure you do a double-checklist of what is required and all should work out.

All the best

It's good tho. I could careless about what people think or have to say about us because they don't know nothing.

Thank you. I will do so.

[Anh map 2,098]

Thank you very much for your advice. You are right. Well, regarding the interview, I'm sure we should be fine because we hide nothing to each other. But, I don't really understand the line "it depends on your country" and would appreciate it if you could explain a little more.

Some countries have a well documented history of immigration fraud. Beneficiaries from those countries typically face higher levels of scrutiny.

[Moomin 292]

Thank you very much for your advice. You are right. Well, regarding the interview, I'm sure we should be fine because we hide nothing to each other. But, I don't really understand the line "it depends on your country" and would appreciate it if you could explain a little more.

I think Anh map beat me to it. You can usually find some reviews on Visa Journey from the embassies and what each embassy requires, and how much scrutiny there usually is. If your country is one of those places or it has been known not to accept cosponsors, it'll be a good idea to prepare yourself. Since we don't know your country, it's hard to guide you.

As far as your original question, having served time in jail is not a hinder however your fiance will have to provide his Police Report and Court Record in the petition if it falls under any of the categories mentioned on page 3(on the right side) in the instructions for the i129f.

Edited September 24, 2012 by moomin

[Diam0nd 0]

Some countries have a well documented history of immigration fraud. Beneficiaries from those countries typically face higher levels of scrutiny.

Oh I didn't know that. I'm from Japan though..

[Diam0nd 0]

I think Anh map beat me to it. You can usually find some reviews on Visa Journey from the embassies and what each embassy requires, and how much scrutiny there usually is. If your country is one of those places or it has been known not to accept cosponsors, it'll be a good idea to prepare yourself. Since we don't know your country, it's hard to guide you.

As far as your original question, having served time in jail is not a hinder however your fiance will have to provide his Police Report and Court Record in the petition if it falls under any of the categories mentioned on page 3(on the right side) in the instructions for the i129f.

I see. Well, I am from Japan and hope it's not one of those places. Regarding the documents such as police reports and court record, we need to submit them when we seek a waiver, I thought?

[Moomin 292]

I see. Well, I am from Japan and hope it's not one of those places. Regarding the documents such as police reports and court record, we need to submit them when we seek a waiver, I thought?

At least make sure to have them ready in case you(your fiance) gets asked to submit them. You'll only have to submit a waiver with the petition incase your fiance had a petition approved, or have filed 2 petitions prior to this one. Otherwise, the waiver for extreme hardship is after your interview IF the conviction requires a waiver(again, I refer to the instructions, all reasons are mentioned there).

I'm fairly sure about this however, please wait up until you receive more feedback.

Japan is not a high fraud country, no. Off-topc, some great pianos(Kawai) originate from there. Anyways - generally, VWP countries aren't high fraud because a VWP country has already been "pre-approved", waiving the tourist visa requirement for its citizens due to the requirements to participate in the Visa Waiver Programme.