Getting married to prisoner

[caliliving 606]

Does he get parole? How long has he been in jail? I hope you googled his case as well so u know what you are getting into.

also, what are your work/education qualifications? If he has no family, are you going to move here and live alone? Also, it isn't so easy getting a Job as a convicted felon..,the us work economy is hard enough. How old are you? Have you talked to your family about this and thought it through. 

CR1 is the best so u can work right away. K1 would be useless for you. 

 

 

[caliliving 606]

Just out of curiosity, how do U meet someone in prison?? Or how did the op me t him? They can't use the internet, right? Unless it's a high profile case that u read about how do u find someone

[geowrian 22,335]

44 minutes ago, Prystine said:

I never said that they had to stay on a k1 visa, but the intent for the k1 is for immigration purposes so yes my statement was correct, you are saying the same exact thing I said.

I think we are saying the same thing. But there's a nuance in how it was said, I think. Every visa is for immigration purposes. Some are non-immigrant visas and some are immigrant visas and some are dual intent. The point was that a K-1 permits you to enter the US and stay, but has no requirement to do so.

Edited January 26, 2017 by geowrian

[ckurt 23]

15 hours ago, Debby M. said:

Hi Cruise77,

Thank you for your reply.

He is in prison for murder... I know people say that I am crazy but there is evidence that he handled in self-defense. He is not a cold-hearted-murderer. 

Is he serving a life sentence or is he going to get out at some point? For me its very hard to believe that someone would get 13 years or more for self-defense. 

Good luck to you and be careful. Its going to be very difficult for you guys to get approved.

[Villanelle 4,121]

I agree with Nola that there is a lot of misinformation here and also non-relevant questions. I guess its out of curiosity- but Debby does not have to answer them...

 

Anyway- the two visa choices are the K (fiance) and the CR (spouse). They each have advantages and disadvantages that you can find by reading the guides at the top of the forums. I believe there is a guide comparing the two.

 

In addition to the info found in the guides is the extenuating circumstances of this case. (prison). If the K visa is used then IMBRA guidelines require he disclose his conviction on the 129f petition (the one for the K visa). He would have to send a waiver with it. Its basically a statement explaining the charges and circumstances. I do not know if they would approve the waiver and allow him to file the 129f. Typically people file those waivers for domestic violence charges they may have or DUIs. So you may file the 129f and have it denied...

 

If you file the CR visa you will need to be married. They will also see his criminal convictions but there is NO waiver needed with the application. So you will be able to go through all the steps outlined in the CR guide. However when you get to the interview there may be a problem. They technically can not deny you guys because of his conviction- but they can use the conviction against you. They can suggest/believe that he is of poor moral character and unable to make a statement of "I entered the marriage in good faith". So because of that you can be denied. You would then have to refile with additional proof. It can be costly and time consuming. USCIS is 'known' for giving a hard time to particular people because its honestly all they can do in some cases (make it hard). So you may end up filing the CR and getting denied and having to refile. It can take years before you are ultimately approved. (im also assuming the conviction has nothing to do with a minor since you mentioned self-defense- if it was a minor it makes a difference) 

 

Are there any other convictions he has in his record? Besides crimes against minors/sex crimes, the AWA covers prostitution/solicitation. So if he has convictions for any of that you can basically forget ever getting a visa.

 

--

 

There are also complex procedures for getting married while imprisoned. Have you looked into any of that? I believe he would need permission, and you shouldnt travel to the US to get married unless its all set up ahead of time. As some have stated here- you can enter the US with the purpose of getting married as long as you are leaving afterwards and not staying to adjust status. So you will have to convince the Border Agents of this. Because of the situation they may not believe you and refuse you entry. 

[Jawaree 717]

OP asked about the process, my 2 cents is I'd

say get married & go the spousal route, upon

arrival answers the questions asked at POE, upon

meeting the man use the visits to talk, get to

know him , inform him of co-sponsor requirements

and have him link you with families or friends

here to get a better feel of things...Its your

parogative, I wont judge & yes there are inmates

who scam females on the outside for commissary,

visits , & emotional connect especially if they have

no visits.

 

Good luck with your final decisions

[mallafri76 1,012]

My husband's in prison and he successfully petitioned me. I've been a green card holder since April last year.

 

They will look more closely on your bona fida evidence, face to face visits are the most important. At my interview, the CO (councilor officer) did ask a lot of questions about my husband's crimes, how often I visit (about 18 visits) etc. He was also very interested to make sure we were allowed contact visits. It was obvious that he had called my husband's prison because he commented on how much we emailed each other. 

 

I would recommend the CR-1 for two reasons; 

 

1. On the k-1, you have 90 days to get married once you enter the US. And we both know that the prison system is not too good with planning and keeping deadlines.

 

2. On the cr-1, you will be allowed to work straight away, which is obviously extra important when one spouse is incarcerated. 

 

Although your fiancé will fill out an i864, you need to have either a joint sponsor or assets of three times the poverty guidelines to meet the financial requirements.

 

Feel free to PM me.

[caliliving 606]

2 hours ago, mallafri76 said:

My husband's in prison and he successfully petitioned me. I've been a green card holder since April last year.

 

They will look more closely on your bona fida evidence, face to face visits are the most important. At my interview, the CO (councilor officer) did ask a lot of questions about my husband's crimes, how often I visit (about 18 visits) etc. He was also very interested to make sure we were allowed contact visits. It was obvious that he had called my husband's prison because he commented on how much we emailed each other. 

 

I would recommend the CR-1 for two reasons; 

 

1. On the k-1, you have 90 days to get married once you enter the US. And we both know that the prison system is not too good with planning and keeping deadlines.

 

2. On the cr-1, you will be allowed to work straight away, which is obviously extra important when one spouse is incarcerated. 

 

Although your fiancé will fill out an i864, you need to have either a joint sponsor or assets of three times the poverty guidelines to meet the financial requirements.

 

Feel free to PM me.

I have followed your case closely as you have been an open book on VJ! 

i hope the OP does contact you.. 

just wondering, how do you meet someone in jail? also, what was your husband in jail for? 

[LionessDeon 2,060]

7 hours ago, caliliving said:

Just out of curiosity, how do U meet someone in prison?? Or how did the op me t him? They can't use the internet, right? Unless it's a high profile case that u read about how do u find someone

Yes some have access to computers and meet online.  

[Patient 57]

22 hours ago, Debby M. said:

Hi all,

He is in prison (in Texas) and we have to arrange the wedding before we can get married... So if I travel to America I would have intent to get married...

After getting married I would go back to the Netherlands.

 

21 hours ago, Debby M. said:

He is in prison for almost 13 years now. 

Debby,

 

If true, you were still in school when he went into prison (picture guess). He may not be released for years, you are starting from a low complicated position.

 

Also how old is this relationship? 3 years? Under 3 years? Another complication. Meet on an Internet dating site?.... another complication.

 

Have you thought about entrapment, the love mist which stops you seeing a problem if he asks "please can you pick up a package from ...." as he may be harmed inside the prison? 

 

You are open to more threats and issues, not just USCIS and getting to the America you love.  It will be an adventure.

 

[DebbyM 5]

Goodmorning all,

 

I AM SO SORRY FOR NOT ANSWERING !!!

My account has some problems because I can't reply anymore

I've send visajourney a email and I hope that they can fix the problems soon. In the meantime I have created a new acoount, this one.

So Debby M and DebbyM are the same. My apologies!!

 

Let me answer some questions.

He is NOT serving a lifetime. He have minimum 30 years and max 60 years, but he have parola after 21 years.

Texas are changing his laws right now and with a little luck, he will released over 5 years...

 

Af for the CR-1 discussion.. I don't think I can 'lie' to the bordersecurity and then marry... I don't think thats a good idea. I will not take the risk.

So I think it's the best for us to do the K1.

Evidence of our relationship, we have but we need more I guess. This year I will visit him two times. In May he have his graduation and we are allowed to have contact visits. Hopefully they will make pictures of that! 

 

I will read all your answers and I will come back. Thank you all for thinking with me!

 

So again, my apologies but I couldn't reply

 

Debby M.

[DebbyM 5]

3 hours ago, mallafri76 said:

My husband's in prison and he successfully petitioned me. I've been a green card holder since April last year.

 

They will look more closely on your bona fida evidence, face to face visits are the most important. At my interview, the CO (councilor officer) did ask a lot of questions about my husband's crimes, how often I visit (about 18 visits) etc. He was also very interested to make sure we were allowed contact visits. It was obvious that he had called my husband's prison because he commented on how much we emailed each other. 

 

I would recommend the CR-1 for two reasons; 

 

1. On the k-1, you have 90 days to get married once you enter the US. And we both know that the prison system is not too good with planning and keeping deadlines.

 

2. On the cr-1, you will be allowed to work straight away, which is obviously extra important when one spouse is incarcerated. 

 

Although your fiancé will fill out an i864, you need to have either a joint sponsor or assets of three times the poverty guidelines to meet the financial requirements.

 

Feel free to PM me.

Thank you so much for your information!

I will send you a PM today.

[DebbyM 5]

6 hours ago, Damara said:

I agree with Nola that there is a lot of misinformation here and also non-relevant questions. I guess its out of curiosity- but Debby does not have to answer them...

 

Anyway- the two visa choices are the K (fiance) and the CR (spouse). They each have advantages and disadvantages that you can find by reading the guides at the top of the forums. I believe there is a guide comparing the two.

 

In addition to the info found in the guides is the extenuating circumstances of this case. (prison). If the K visa is used then IMBRA guidelines require he disclose his conviction on the 129f petition (the one for the K visa). He would have to send a waiver with it. Its basically a statement explaining the charges and circumstances. I do not know if they would approve the waiver and allow him to file the 129f. Typically people file those waivers for domestic violence charges they may have or DUIs. So you may file the 129f and have it denied...

 

If you file the CR visa you will need to be married. They will also see his criminal convictions but there is NO waiver needed with the application. So you will be able to go through all the steps outlined in the CR guide. However when you get to the interview there may be a problem. They technically can not deny you guys because of his conviction- but they can use the conviction against you. They can suggest/believe that he is of poor moral character and unable to make a statement of "I entered the marriage in good faith". So because of that you can be denied. You would then have to refile with additional proof. It can be costly and time consuming. USCIS is 'known' for giving a hard time to particular people because its honestly all they can do in some cases (make it hard). So you may end up filing the CR and getting denied and having to refile. It can take years before you are ultimately approved. (im also assuming the conviction has nothing to do with a minor since you mentioned self-defense- if it was a minor it makes a difference) 

 

Are there any other convictions he has in his record? Besides crimes against minors/sex crimes, the AWA covers prostitution/solicitation. So if he has convictions for any of that you can basically forget ever getting a visa.

 

--

 

There are also complex procedures for getting married while imprisoned. Have you looked into any of that? I believe he would need permission, and you shouldnt travel to the US to get married unless its all set up ahead of time. As some have stated here- you can enter the US with the purpose of getting married as long as you are leaving afterwards and not staying to adjust status. So you will have to convince the Border Agents of this. Because of the situation they may not believe you and refuse you entry. 

Hi! Thank you for your information.

Again sorry for not answering, my account have some problems. 

 

To answer your question; he do not have any other crimes or records. No sex-related or something like that.

 

You are right, the prison need to approve the marriage too. He is already busy to collect all the information but it will be way more easier then the visa-jungle. 

We will arrange the marriage with the prison once the whole visa-thing is approved. The prison will give you a date and if we start with it now... Well I don't have a visa  

[DebbyM 5]

8 hours ago, caliliving said:

Just out of curiosity, how do U meet someone in prison?? Or how did the op me t him? They can't use the internet, right? Unless it's a high profile case that u read about how do u find someone

To answer your questions...

 

He doesn't have internet access, that's right. But a close friend from him made a profile for him on a website to meet inmate.

There are a few website where you can find inmates with profile text, crime and picture. And that's how I met him.

 

I write with inmates for a long time just for being friends. I love to help people and that's why I started to write inmates. For example, I also write with a guy who is on Death Row... we are just friends but it's soooooo important for him. He did terrible things but well.... I don't like to judge people. 

It was totally not planned but we felt in love...

 

So that's how all of this started.

[N-o-l-a 7,167]

7 hours ago, DebbyM said:

G

Af for the CR-1 discussion.. I don't think I can 'lie' to the bordersecurity and then marry... I don't think thats a good idea. I will not take the risk.

So I think it's the best for us to do the K1.

 

 

Do you have a support system near the prison where you will be living?  I don't know if you are aware, but you aren't going to be able to get health insurance for sometime, you won't be able drive for a period of time depending on the state, not to mention it might be difficult to purchase a car for you right away and especially in that first 90 days.

 

America can get very expensive and very fast if you don't have a support system, come on a K1, and are living off savings for a while.  It is a common enough issue that those with a working fiancé have difficulties, that with one who is not working and no family to live with, I worry.