Getting married to prisoner

[BethyWink 96]

4 minutes ago, N-o-l-a said:

 

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.

 

In addition to those issues, I know a lot of the visa holding Fiances have minor psychological issues based on the strict rules and cut back finances.  They tend to suffer from extream boredom, depression, and seclusion.  When you have no money, can not drive in a suburban town, and no friends in a country that is a different culture from your own, you really do set yourself up for a state of depression.  (I believe it's technically called adjustment disorder)  Not to mention if you have minimal funds, you will not be able to afford the counseling for this.   

 

I really would recommend a CR1, you are legally allowed to marry, as long as you go back home while the visa processes. 

 

 

[Villanelle 4,121]

When you have a new account you are limited in the number of times you can post I believe. Please do not make additional accounts! (youll drive the mods bonkers lol).

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I think you should re-read my post about the potential issues with the K visa. You may NOT be able to get approved for it. Or rather he may not be able to get approved for it. Like I stated the K visa is impacted by IMBRA regulations where the CR visa is not. The IMBRA regulations require him to disclose his convictions and he would need a waiver in order to petition for a K visa. I do not know if he will be able to obtain the waiver due to the nature of the conviction. You should speak to an attny if you are going to attempt the K visa- it may be a waste of time and money.

 

The CR visa is not impacted by IMBRA in the same way. There is no waiver needed. For both visa types you need to provide proof of the relationship- where his moral character may be an issue. 

 

You seem to be leaning towards the K visa to avoid problems at the border. While thats understandable you have to look at the entire picture. In my opinion the CR is the better visa for you.

 

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Also, and no offense to Debby here- but many are posting about the potential for fraud or abuse by the USC prisoner. For all we know the shoe could be on the other foot and Debby is using a prisoner to obtain US status. 

[mallafri76 1,012]

On 1/26/2017 at 2:15 PM, steph&max said:

Yea I know that, but you cannot tell an IMMIGRATION OFFICER at the airport that is the reason of your travel. They'll send you right back!

When I came to marry my then fiancé, I told CBP that I was coming to get married. He asked a couple of follow up questions like what do I do for a living but it wasn't an issue. A lot of people marry on the VWP or on a tourist visa and then go home to start the visa process. 

 

With that said, the climate might have changed with our new President plus it also depends on your ties to your home country as well as your previous visits to the US. If you have a track record of visiting the US and leaving on time, that's probably gonna make the "marriage visit" easier than if you're just visiting for the first or second time. 

[mallafri76 1,012]

On 1/27/2017 at 0:07 AM, caliliving said:

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? 

I watched a program about American mass incarceration. They were talking about how penpals help the inmates keep a link to the outside world. Thought it would be nice to help someone out so I went online, liked my husband's add and sent him a letter, thinking we'd write a letter or two a month. Six and a half years, 18 visits to the US and thousands of calls and emails later, I am in the US preparing for his release.   Love knows no boundaries.

 

He is in prison for drugs. When I immigrated, he had 10 years left to serve. Thanks to President Obama's clemency, we're now down to three, maybe even just two years left.  

[Debby M. 2]

On 28-1-2017 at 4:22 PM, mallafri76 said:

I watched a program about American mass incarceration. They were talking about how penpals help the inmates keep a link to the outside world. Thought it would be nice to help someone out so I went online, liked my husband's add and sent him a letter, thinking we'd write a letter or two a month. Six and a half years, 18 visits to the US and thousands of calls and emails later, I am in the US preparing for his release.   Love knows no boundaries.

 

He is in prison for drugs. When I immigrated, he had 10 years left to serve. Thanks to President Obama's clemency, we're now down to three, maybe even just two years left.  

Hey mallefri76,

I tried to send you a PM but you can't receive pm's, is that right?

I would like to ask you some questions if you don't mind.

 

[Debby M. 2]

On 27-1-2017 at 8:55 PM, Damara said:

When you have a new account you are limited in the number of times you can post I believe. Please do not make additional accounts! (youll drive the mods bonkers lol).

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I think you should re-read my post about the potential issues with the K visa. You may NOT be able to get approved for it. Or rather he may not be able to get approved for it. Like I stated the K visa is impacted by IMBRA regulations where the CR visa is not. The IMBRA regulations require him to disclose his convictions and he would need a waiver in order to petition for a K visa. I do not know if he will be able to obtain the waiver due to the nature of the conviction. You should speak to an attny if you are going to attempt the K visa- it may be a waste of time and money.

 

The CR visa is not impacted by IMBRA in the same way. There is no waiver needed. For both visa types you need to provide proof of the relationship- where his moral character may be an issue. 

 

You seem to be leaning towards the K visa to avoid problems at the border. While thats understandable you have to look at the entire picture. In my opinion the CR is the better visa for you.

 

------

 

Also, and no offense to Debby here- but many are posting about the potential for fraud or abuse by the USC prisoner. For all we know the shoe could be on the other foot and Debby is using a prisoner to obtain US status. 

Thank you for your advise! 

I know the K1 visa is not perfect but I really don't know if thr CR1 is a good option. I don't want to take a risk to be banned of America.

 

PS: I am not marry him just to came into America. I love him!

[mallafri76 1,012]

3 hours ago, Debby M. said:

Hey mallefri76,

I tried to send you a PM but you can't receive pm's, is that right?

I would like to ask you some questions if you don't mind.

 

Hi Debbie,

 

I receive PMs all the time. Maybe as a new member, you can't send PMs until you've posted a certain number of posts???? I'all try and send you a PM instead.

[Ontarkie 13,918]

Debbie, you may still need to validate your account. Check the email you used to register. 

Edited January 31, 2017 by Ontarkie

[Villanelle 4,121]

16 hours ago, Debby M. said:

Thank you for your advise! 

I know the K1 visa is not perfect but I really don't know if thr CR1 is a good option. I don't want to take a risk to be banned of America.

 

PS: I am not marry him just to came into America. I love him!

 

I suggest you look into finding a lawyer. While you can DIY, your case is going to be complicated- no matter which visa path you choose.  I still standby the CR is better then the K. Its not that the K 'isnt perfect' cause neither process is perfect- but the K has a higher chance of denial. Plus as others have explained when you enter on the K you will not be able to work nor travel out of the US. First you have to marry and then you have to send in the AOS packet. Once you send it in it can take up to 90 days to get your work permit. You will not be able to get a drivers license until you have the work permit. Youre also going to have trouble opening bank accounts and renting a place to live with no job. If you read the forums you'll find the process for obtaining a social security number. On a K this has to be done at a certain time- or else you end up waiting until you have the EAD to be able to obtain one. 

 

On the CR visa you will have your GC as soon as you enter. So you can work and obtain a drivers license and SS number right away. I also forsee your petition taking a long time. If you are K, after the GC is issued- which can take 8-12 months after you apply for it- you then wait 2 years from the date it was issued to remove conditions. Another process with another fee. If you are a spouse visa when entering- if you enter when you have been married for less then two years youll get the same conditional card when entering and have to remove conditions 2 years later. However if you have been married over 2 years when entering you'll get an 'unconditional GC' and avoid the removal of conditions process. (I can see your process taking a long time and it may hit the 2 yr mark). 

 

And once more- the K visa is subject to IMBRA where as the CR visa is not impacted the same way. Some convictions are considered an automatic no- you just cant be approved. These are the ones under AWA. You would be denied and can ask for a waiver for it, but so very few people are approved that its considered an automatic no go... You guys are NOT AWA. So its not going to be an automatic no. 

 

Technically USCIS can not deny you soley because of the criminal record. But they can USE IT against you. 

These are the 'common' issues they use to deny based on criminal records
 

Undependable Spouse. If you’re constantly being involved in violent behavior or fraud, the authorities might doubt your integrity (or ability to maintain a marriage).

Financial/Social Responsibility. If you’re at risk of further violence, convictions, or jail time, how will your spouse care for him/herself? Who will support them?

 

If you go with the K petition you need to attach a waiver of his criminal record to have them process the petition. They may approve it, they may not. Are you okay with paying the fee and submitting the petition and waiting months to find out they wont approve processing of it? If you are able to get over that hurdle and have them approve processing it, you still have to get approved at the Embassy.  So there are 2 times you will be evaluated and need approval. With the CR petition there will only be 1 time you have to get approval- at the Embassy. 

 

I can understand not wanting to have an issue coming to the US and being accused of trying to enter and adjust status. But lots of people come to the US for the sole reason of getting married here and leaving. You are allowed to come and marry and leave, you just arent allowed to come marry and stay. 

 

Worst case I see is you try to come to marry and leave and are denied. You wont be able to use the VWP anymore, but that doesnt mean you are banned from the US forever. You would have to go and get a B visa. You would have to convince both the Embassy and later on CBP that you are going to use it/using it properly to simply enter, marry and leave. 

 

 

[Ryan H 3,791]

***Hijack post removed, if you have questions about your own case, you need to start your own thread.***

[mattelo 45]

I don't know if some people are still following this thread, but I got into the US with a K1 visa and married my man, incarcerated in Nevada. He has a life sentence, and we got the K1 visa without any problem. Now we are in the adjustment of status process. It is very difficult because we have no income right now and I can't work. I'm only living on my savings, so I really hope the EAC will not take too long.

 

Just wanted to say that it is totally possible to get a K1 visa with an incarcerated husband  Just make sure you have someone to sponsor you, since your spouse can't, for obvious reasons.

[cdneh 3,112]

31 minutes ago, matt88 said:

I don't know if some people are still following this thread, but I got into the US with a K1 visa and married my man, incarcerated in Nevada. He has a life sentence, and we got the K1 visa without any problem. Now we are in the adjustment of status process. It is very difficult because we have no income right now and I can't work. I'm only living on my savings, so I really hope the EAC will not take too long.

 

Just wanted to say that it is totally possible to get a K1 visa with an incarcerated husband  Just make sure you have someone to sponsor you, since your spouse can't, for obvious reasons.

I'm still following Glad to hear you had a good outcome! All the best

[Debby M. 2]

9 hours ago, matt88 said:

I don't know if some people are still following this thread, but I got into the US with a K1 visa and married my man, incarcerated in Nevada. He has a life sentence, and we got the K1 visa without any problem. Now we are in the adjustment of status process. It is very difficult because we have no income right now and I can't work. I'm only living on my savings, so I really hope the EAC will not take too long.

 

Just wanted to say that it is totally possible to get a K1 visa with an incarcerated husband  Just make sure you have someone to sponsor you, since your spouse can't, for obvious reasons.

That is great !!! Thank you so much for your message

I hope you will receive your EAC very soon! 

 

I still have a few questions, is it okay if I send you a PM?

[mattelo 45]

Thank you guys for the support  ;-)

 

My EAC is still pending, I haven't been scheduled for the biometrics appointment, which is weird and stressful because some people with the very same timeline have been scheduled for a while, now. I believe it's because of my "specific" situation. In our application we asked for a waiver of the interview, since we won't be able to attend together. Maybe that's the reason why our case takes more time... But it makes me very anxious since I'm only living on my savings right now and I know I won't be able to do that indefinitely. I will keep you posted, of course. 

 

Debbie, no problem, feel free to PM me whenever you need! Prison wives stick together :-P

 

 

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

2 hours ago, matt88 said:

Thank you guys for the support  ;-)

 

My EAC is still pending, I haven't been scheduled for the biometrics appointment, which is weird and stressful because some people with the very same timeline have been scheduled for a while, now. I believe it's because of my "specific" situation. In our application we asked for a waiver of the interview, since we won't be able to attend together. Maybe that's the reason why our case takes more time... But it makes me very anxious since I'm only living on my savings right now and I know I won't be able to do that indefinitely. I will keep you posted, of course. 

 

Debbie, no problem, feel free to PM me whenever you need! Prison wives stick together :-P

 

 

 

Sometimes those biometrics things are random and sometimes they have to do with regional backlogs.  Are other AOS applicants in your state getting quicker processing?  

 

I don't want to say told you so about doing a CR1 instead, but in case anyone else is reading and in a similar position, do a CR1.