Need some help

[hotrod23 0]

My brother is on death row and is trying to marry his girlfriend, from Europe, to bring her to the states. The prison requires her to do a k1 before they'll marry them. From what I understand she doesn't need a sponsor because she has a job guarantee over here. Are they (CIS) really going to approve this? He insists that CIS has no problem approving immigration thru death row marriages. I figure if that were true everyone would be doing it. Let me also say that I don't agree with this at all, I'm just trying to collect some info for myself and for him. In my opinion there are too many people trying to immigrate here that need it more then her.

[ChristinaM 0]

If they have not met in person, he will have some difficult explaining to do in order to get a K1 visa. It is pretty unusual for one to be granted if the meeting requirement is not met. So she may have to take a trip over to the prison for a visit before that process can even start - assuming they haven't met already?

If she has a "guaranteed" job over here and is appropriately qualified, she may be able to get that employer to sponsor her for a H1-B. That way she would be in the US with a valid visa and I don't see how the prison could refuse to marry them if there is a valid marriage licence and she is legally present.

That's a tricky one - good luck on your info hunt.

[hotrod23 0]

If they have not met in person, he will have some difficult explaining to do in order to get a K1 visa. It is pretty unusual for one to be granted if the meeting requirement is not met. So she may have to take a trip over to the prison for a visit before that process can even start - assuming they haven't met already?

If she has a "guaranteed" job over here and is appropriately qualified, she may be able to get that employer to sponsor her for a H1-B. That way she would be in the US with a valid visa and I don't see how the prison could refuse to marry them if there is a valid marriage licence and she is legally present.

That's a tricky one - good luck on your info hunt.

They have met in person. The job she is "guaranteed" she got because she knows the manager/owner but he stated that he wouldn't sponsor her to come her because they can find an american to perform the job, but that if she got here another way he would give her a job.

[Lizzy 0]

As stated above you said they had met in person.

If she comes over they have to marry in 90 days, does the prison allow this?

Also after the marriage takes place, she will have to do AOS which they may need to go to an interview for, would he be allowed to do this, how would he get out of prison to go?

You need to take proof of the marriage. How would they have proof of marriage if there not living together etc, this is just some of the things they look for.

Good Luck.

[Ladylethal 12]

If they have met in person in the past 2 years they can go through with a K1, but the thing is, even if she has a guaranteed job in US it won't matter for USCIS, as they require an US citizen to sign an affidavit of support. I believe if she has an enormous ammount of money already she could self-sponsor herself, but it's a rare and difficult thing and not always accepted, as far as I know.

[lostinblue 1,989]

If they have met in person in the past 2 years they can go through with a K1, but the thing is, even if she has a guaranteed job in US it won't matter for USCIS, as they require an US citizen to sign an affidavit of support. I believe if she has an enormous ammount of money already she could self-sponsor herself, but it's a rare and difficult thing and not always accepted, as far as I know.

http://www.uscis.gov/files/article/IMBRA072106.pdf

How can they pass IMBRA on the 129-f if he is on Death row? Is she just buying her way into the united states. How can you have proof of a valid relationship with someone on death row Something serious has happened for him to be where he is today

[ready4ONE 5,400]

Giving this thread the sniff test and it is definitely stinking...

[lostinblue 1,989]

If they have met in person in the past 2 years they can go through with a K1, but the thing is, even if she has a guaranteed job in US it won't matter for USCIS, as they require an US citizen to sign an affidavit of support. I believe if she has an enormous ammount of money already she could self-sponsor herself, but it's a rare and difficult thing and not always accepted, as far as I know.

http://www.uscis.gov/files/article/IMBRA072106.pdf

How can they pass IMBRA on the 129-f if he is on Death row? Is she just buying her way into the united states. How can you have proof of a valid relationship with someone on death row Something serious has happened for him to be where he is today

.

Waiver of these limits is at the discretion of USCIS, but ordinarily can be granted where "justification exists." However, if the visa sponsor has a criminal history including violent offenses, the waiver will only be granted in "extraordinary circumstances."

Edited December 18, 2006 by lostinblue

[hotrod23 0]

I saw on the I-129f in part c where it asks if the petitioner has committed certain crimes, yes he's on death row for murder. Does that disqualify it? I didn't think the whole thing would work because it isn't a legitimate marriage but I figured the people on here would know better then me. He can't attend the interview so I figured she'd never get thru the AOS but didn't know if they'd even give her the k1 to come here and get married. Regarding the sponsorship - I could've swore I saw somewhere where the alien didn't need a sponsor if they could prove by letter from the employer that they would have a job for a required amount of time and make above the poverty level - maybe I misunderstood it. I also wanted to clarify something for everyone - in no way do I support this. I think it is ridiculous if there is even a chance she could get here by being married to a man on death row. In my opinion there are too many people that have legitimate relationships or legitimate needs for coming to this country and are unable to because of the laws. My intention is researching this is mostly for myself, I guess you could say to be prepared. All of you posters sure do know a lot and I appreciate the help.