petition, K1 and sponsor myself

[Villanelle 4,121]

I believe youd be going through the embassy in Nairobi as the Mauritius embassy does not process K1 visas. From what I can tell the Nairobi embassy does allow for self-sponsoring and co-sponsors. So if your future mother in law is willing to co-sponsor you, you shouldnt have a problem there. Additionally if you met with in the last 2 years and he truly is in prison for 'robbery' then you should not have a problem obtaining the visa.

You should be aware of something called IMBRA. "IMBRA requires that potential US petitioners disclose certain criminal and marital history to matchmaking service companies before the companies may assist them in finding foreign natioanls interest in American suitors. If the US petitioner does not disclose this information to the matchmaking company, he or she must still do so on the fiancé(e) visa application form (Form I-129f). Additionally, when the foreign fiancé(e) applies for the visa at the US Consulate, the Consular officer will ask if the couple met through a matchmaking or dating service and where he or she was made aware of the US petitioner’s criminal and marital history. Failure to disclose will result is a denial of the fiancé(e) visa and can also lead to civil and criminal penalties of up to $25,000 per violation and 5 years in prison."

US petitioners must disclose:

1. Domestic violence, sexual assault, child abuse and neglect, dating violence, elder abuse, and stalking.

2. Homicide, murder, manslaughter, rape, abusive sexual contact, sexual exploitation, incest, torture, trafficking, peonage, holding hostage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, false imprisonment, or an attempt to commit any of these crimes.

3. Crimes relating to a controlled substance or alcohol where the petitioner has been convicted on at least three occasions and where such crimes did not arise from a single act.

IMBRA also mandates certain filing limitations be US petitioners. If the US petitioner has filed two or more K-1 visa petitions at any time in the past, or previously had a K-1 visa petition approved within two years prior to the filing of the current petition, the US petitioner cannot obtain an approved Form I-129f without obtaining a waiver of these limitations.

Some of the above can simply mean that a wavier or prior disclosure is needed, others mean the visa is not possible. (things under the Adam Walsh Act)

[elmcitymaven 9,711]

No justified reason to attack the OP's question. She is already a victim herself. Don't you think?

I agree. There's no need to be so judgmental.

[elmcitymaven 9,711]

i'm not attacking.......i wished good luck to HER.............i totally agree she is a victim

(inappropriate comment already removed once edited from quote)

How is this unfair to you?

I'm sorry, but your clarification is still judgmental of her fiance. It's really quite uncalled for. Robbery, as capri pointed out, is not an offence that should prove to be an issue for the USC.

Edited February 5, 2013 by Kathryn41

[KayDeeCee 4,892]

Get all thoughts out of your head you can Self-Sponsor yourself with a K-1 Petition. ONLY a USC can do that so ignore the post "some Embasseys allow that."

You are mixing up the petition and visa application. There is no monetary sponsoring for the petition, and no embassies involved with the petition. The USC files the I-129F petition to the USCIS in the US, and if approved the foreign fiance(e) can then apply for a K-1 visa at the embassy in their country. The sponsorship is needed then, for the visa. There ARE consulates that allow the foreign fiance(e) to self-sponsor. London is one of those, though I have seen it done elsewhere. This is not something that you are able to do at most consulates, but to say that it is only something the USC can do ever is false. Co-sponsors do not have to be a USC either.

To the OP> Check with the consulate you will be going through and ask if they will accept a co-sponsor for a K-1. Not all will accept co-sponsors. It is best to know now if they will even allow it. I think this will be a hard-fought battle for you while he is in prison. If you manage to be approved for the K-1, you will have to get married within 90 days of arriving in the US. Is his prison willing to allow this? Also, you have to file for adjustment of status after you are married and about half of those filing AOS from a K-1 get an interview. Both of you are required to attend and prove you reside together and have a bona fide marriage. They may make some exceptions because of the situation, but just know it will most likely be tough to pull off. You may wish to wait until he gets released.

[Villanelle 4,121]

I dont see how you think thats unfair (?) Inmates have just about the same rights as everyone else, they can get married. The only right they lose is the right to vote and the right to 'freedom' for a specified period of time.

[alextsmith 18]

Thanks but I'm serious. Life is not a fairy tale for all of us

No offense meant. I really thought it was a prank. You are going to have a very hard time. I work in

law enforcement. If he is incarcerated for failure to appear, expired tags, no proof of insurance, those

are minor offenses and can be overcome. What is he locked up for? Again I was not trying to insult or judge you, it just seemed really strange that you would be wanting to go through this. If I were to look at your situation from someone

who would make the decision,based on what you are saying, there would be no doubt in my mind that this is being done for a green card.

How is this unfair to you?

I'm sorry, but your clarification is still judgmental of her fiance. It's really quite uncalled for. Robbery, as capri pointed out, is not an offence that should prove to be an issue for the USC.

What??? ROBBERY IS NOT AN OFFENSE THAT SHOULD PROVE TO BE AN ISSUE? ARE YOU KIDDING ME?

[Villanelle 4,121]

To the OP> Check with the consulate you will be going through and ask if they will accept a co-sponsor for a K-1. Not all will accept co-sponsors. It is best to know now if they will even allow it. I think this will be a hard-fought battle for you while he is in prison. If you manage to be approved for the K-1, you will have to get married within 90 days of arriving in the US. Is his prison willing to allow this? Also, you have to file for adjustment of status after you are married and about half of those filing AOS from a K-1 get an interview. Both of you are required to attend and prove you reside together and have a bona fide marriage. They may make some exceptions because of the situation, but just know it will most likely be tough to pull off. You may wish to wait until he gets released.

From my quick search of Mauritius embassy K1 on here- which led me to- they dont do K1s, they go through Nairobi, the recent posts seemed to indicate co-sponsors were approved. But yes, its best to check directly with the embassy.

I dont believe she'll have a problem getting married in the prison (its his right to get married), but she does only have 90 days, so shes going to have to alert them well in advance because they will need time to make arrangements.

When it comes time for file for AOS, she most likely will have an interview because of the fact that he is in prison. Obviously he can not attend the interview. Her solo interview will be a tough one- no doubt. Her visa interview is going to be a tough one as well. Does that mean she should wait and do this in 2 years when he is released? (shrug) I dunno. Is it better for her to go through tough interviews and be here where she can visit him daily/weekly or not do the tough stuff and be far away and take the easy interviews in the future?

[asteria 0]

Get all thoughts out of your head you can Self-Sponsor yourself with a K-1 Petition. ONLY a USC can do that so ignore the post "some Embasseys allow that."

Serving 2 years would mean a Felony. Thats an issue and what the charges and conviction were for to a huge extent. (care to tell us why the reason for imprisonment.)

There is no reason why you can't file a petition but only the USC can do that and for a K-1 it must be your future Fiance'.

Yes, the mother can Co-Sponsor. I'm sorry for your situation. I feel any Legitimate Attorney would tell you the same. I suggest: Wait.

Thank you very much for your reply TIm/Mav. It has been helpful and hopeful. You were the one who was not judgemental. I guess I should have expect to be judged. I will close the discussion, my situation is difficult now having to be judged when seeking for some kind of help is even more difficult. Thank you Tim/Mav, for the others thanks as well anyway

[alextsmith 18]

I believe youd be going through the embassy in Nairobi as the Mauritius embassy does not process K1 visas. From what I can tell the Nairobi embassy does allow for self-sponsoring and co-sponsors. So if your future mother in law is willing to co-sponsor you, you shouldnt have a problem there. Additionally if you met with in the last 2 years and he truly is in prison for 'robbery' then you should not have a problem obtaining the visa.

You should be aware of something called IMBRA. "IMBRA requires that potential US petitioners disclose certain criminal and marital history to matchmaking service companies before the companies may assist them in finding foreign natioanls interest in American suitors. If the US petitioner does not disclose this information to the matchmaking company, he or she must still do so on the fiancé(e) visa application form (Form I-129f). Additionally, when the foreign fiancé(e) applies for the visa at the US Consulate, the Consular officer will ask if the couple met through a matchmaking or dating service and where he or she was made aware of the US petitioner’s criminal and marital history. Failure to disclose will result is a denial of the fiancé(e) visa and can also lead to civil and criminal penalties of up to $25,000 per violation and 5 years in prison."

US petitioners must disclose:

1. Domestic violence, sexual assault, child abuse and neglect, dating violence, elder abuse, and stalking.

2. Homicide, murder, manslaughter, rape, abusive sexual contact, sexual exploitation, incest, torture, trafficking, peonage, holding hostage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, false imprisonment, or an attempt to commit any of these crimes.

3. Crimes relating to a controlled substance or alcohol where the petitioner has been convicted on at least three occasions and where such crimes did not arise from a single act.

IMBRA also mandates certain filing limitations be US petitioners. If the US petitioner has filed two or more K-1 visa petitions at any time in the past, or previously had a K-1 visa petition approved within two years prior to the filing of the current petition, the US petitioner cannot obtain an approved Form I-129f without obtaining a waiver of these limitations.

Some of the above can simply mean that a wavier or prior disclosure is needed, others mean the visa is not possible. (things under the Adam Walsh Act)

I am very confused. I work in law enforcement. You made the statement "if you met with in the last 2 years and he truly is in prison for 'robbery' then you should not have a problem obtaining the visa." What are you talking about? Depending on the charge,(aggrevated robbery and how many counts) All robbery convictions are FELONYS. These are all violent crimes. Please explain how you believe it would be not problem obtaining a visa.

[elmcitymaven 9,711]

No offense meant. I really thought it was a prank. You are going to have a very hard time. I work in

law enforcement. If he is incarcerated for failure to appear, expired tags, no proof of insurance, those

are minor offenses and can be overcome. What is he locked up for? Again I was not trying to insult or judge you, it just seemed really strange that you would be wanting to go through this. If I were to look at your situation from someone

who would make the decision,based on what you are saying, there would be no doubt in my mind that this is being done for a green card.

What??? ROBBERY IS NOT AN OFFENSE THAT SHOULD PROVE TO BE AN ISSUE? ARE YOU KIDDING ME?

What you believe should be an issue for USCIS is not necessarily an issue. See capri's list above. You also might consider a Xanax after all those caps.

[asteria 0]

From my quick search of Mauritius embassy K1 on here- which led me to- they dont do K1s, they go through Nairobi, the recent posts seemed to indicate co-sponsors were approved. But yes, its best to check directly with the embassy.

I dont believe she'll have a problem getting married in the prison (its his right to get married), but she does only have 90 days, so shes going to have to alert them well in advance because they will need time to make arrangements.

When it comes time for file for AOS, she most likely will have an interview because of the fact that he is in prison. Obviously he can not attend the interview. Her solo interview will be a tough one- no doubt. Her visa interview is going to be a tough one as well. Does that mean she should wait and do this in 2 years when he is released? (shrug) I dunno. Is it better for her to go through tough interviews and be here where she can visit him daily/weekly or not do the tough stuff and be far away and take the easy interviews in the future?

Thanks to you as well capri, I just got to read your post. I was just very down, feeling judged by the others. Obviously it won't be easy going through all this. I think better get through the tough one and be by his side while he serve his sentence. Thanks capri

[Villanelle 4,121]

What??? ROBBERY IS NOT AN OFFENSE THAT SHOULD PROVE TO BE AN ISSUE? ARE YOU KIDDING ME?

Oh my goodness why are you yelling? Look up IMBRA specified crimes. Theres a list of crimes that have to be disclosed. Robbery is not on it. If you have an issue with it then write to you congressman and express your outrage there. Ask for the laws to be changed.

The list of crimes that could effect your ability to petition successfully are:

1. Domestic violence, sexual assault, child abuse and neglect, dating violence, elder abuse, and stalking.

2. Homicide, murder, manslaughter, rape, abusive sexual contact, sexual exploitation, incest, torture, trafficking, peonage, holding hostage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, false imprisonment, or an attempt to commit any of these crimes.

3. Crimes relating to a controlled substance or alcohol where the petitioner has been convicted on at least three occasions and where such crimes did not arise from a single act. are:

I understand robbery is a felony and possibly a violent crime, but do you see it on the list?

Edited February 4, 2013 by capri

[KayDeeCee 4,892]

From my quick search of Mauritius embassy K1 on here- which led me to- they dont do K1s, they go through Nairobi, the recent posts seemed to indicate co-sponsors were approved. But yes, its best to check directly with the embassy.

I dont believe she'll have a problem getting married in the prison (its his right to get married), but she does only have 90 days, so shes going to have to alert them well in advance because they will need time to make arrangements.

When it comes time for file for AOS, she most likely will have an interview because of the fact that he is in prison. Obviously he can not attend the interview. Her solo interview will be a tough one- no doubt. Her visa interview is going to be a tough one as well. Does that mean she should wait and do this in 2 years when he is released? (shrug) I dunno. Is it better for her to go through tough interviews and be here where she can visit him daily/weekly or not do the tough stuff and be far away and take the easy interviews in the future?

I do not know either. That will be up to them. She should just know it will be tough to get through before deciding if it is all worth it in the end. If it is worth it to them, then they should prepare and go for it.

[Villanelle 4,121]

Wow, (edited) ? Thats a little uncalled for...

I dont know that I would go as far as assuming he committed a federal crime either. He could very well be in a state prison. Robbery is only a federal offense if its a bank, or done to a federal institution.

Also, the IMBRA list I posted is not a guideline. It is the actual all inclusive list. If you doubt its authenticity, google it for yourself. Its posted in various locations around the net or seek out a immigration attorney and pay for a consultation where they will educate you on the specifics of the law.

Edited February 5, 2013 by Kathryn41
to remove quote already removed for TOS violation and to edit out quoted phrase

[Villanelle 4,121]

As I said before, they are not all inclusive, maybe you don't know what that means. It means they are "guidelines" not the only things you will be denied for. I get the fact you are a touchy-feely kind of person, who feels the government is supressing your "freedoms" and you probably protest at any chance. That is fine and your business. But I think it is cruel of you to try and give her false hope when there is a huge mountain to climb over. Get your emotions out of it and do some research. By the way, why do you hide behind a cartoon? You don't post anything about you or where you live. You don't have to be afraid to show your face. Everyone here has the right to their own opinion, even you.

LOL. Nope, not a touchy feely person and I definitely dont protest.

I also dont think I gave her any false hope. I clearly stated her K1 interview will be tough and her subsequent AOS interview will be tough. Its her choice if she wants to pursue them.

I do agree though, everyone has the right to their own opinion and I also feel everyone has the right to live their life the way they see fit. So if the OP decides for her that means marrying someone in prison- its not my place to judge her. If she decides to pursue a tough interview then, again, thats her decision. I advised her it will be difficult- but its her choice.

Why do I not disclose my location or a picture of my pretty face? Because I value my privacy and thats the way I see fit to live my life. Its my right. I respect others rights and I expect them to respect mine in return.