Help! Proxy marriage and visa for Italian citiZen

[JFH 12,196]

4 hours ago, Sd.10 said:

This happened before we started dating, but he had the trial almost a year later and it’s kind of more complicated than that. It wasn’t really fully his fault. He got convicted for sex with no consense, something like that. Excuse my not proper English 

So he was already in detention when you met him? Whilst that doesn't cause a denial, you will have a struggle at the interview. Others who have been petitioned by incarcerated spouses that they have never spent time with in the free world (in other words their entire relationship has been conducted in the visit room and by letter/phone call) have been put through the mill at the interview. I assume he will need a joint sponsor? Or has he been suspended on paid leave? He will also need to pay the fees with a US money order or credit card - could be hard to do if he's in detention. 

 

Make sure you know the full facts of his crime. Get copies of the transcripts or attend the hearings yourself, if you can. You will be questioned intensively at the interview. My husband has a felony and I was questioned about it at interview. Accept that he is guilty. No point going to the interview with the "it wasn't his fault" attitude. He had the right to a trial and was found guilty by a jury. He's guilty. It really bothers me when people try to make excuses like that. Goodness, I must be married to the only guilty man on earth. My husband pled guilty. There was no point trying to defend himself. The crime will follow you for the rest of your life. He will struggle to get a job, an apartment, etc. My husband's crime was not violent or sexual and was over 25 years ago but it still follows us. So for a recent crime of this nature he will have even more problems. 

 

What's the rush? You haven't known each other long. You managed all these years without him, you can manage another couple. None of us enjoyed or enjoys being apart. I can assure you I don't love my husband any less than you love your boyfriend and we survived a 6-month stretch apart - in the first 4.5 years of our relationship we never spent more than 2 weeks together and were apart for gaps between 6 weeks and 6 months. We survived. You will also. No one has yet died from the separation. You need to be made of strong stuff to be married to someone with a record. Once your neighbors find out what he has been convicted of, it won't be pretty. 

Edited October 10, 2018 by JFH

[JFH 12,196]

4 hours ago, Sd.10 said:

His name is not in there. I was at this trial date, and they didn’t mention him being registered as a sex offender, he only got confinement and bad conduct discharge 

That's because he hasn't completed his custodial sentence yet. Your name is added once your custodial sentence has ended.

[Lemonslice 5,320]

Waiting to get married in person would simplify your life 1000 times. Just a few months until he's out, use that time to study and get your documents in order so you can apply right after the wedding. 

[valentinasc 330]

Ciao Simona. 

 

I’m Italian as well and married to a person in the military - US Navy sailor. 

Even though I don’t know anything about proxy marriage and he’s your fiancé.. I suggest you just wait until he gets out and you can talk things through and apply for a i-130 ..if you’re sure about each other and if you can I believe that’s the best way to go with less to do ..

the process itself takes from +11 months 

Edited October 11, 2018 by valentinasc

[Beth & Achraf 328]

18 hours ago, Sd.10 said:

Thank you for your response. And how do I get proof of that? Would the prison visit documents be valid as a proof? 

Pic together holding that days Newspaper showing date and you and him together with the newspapers.

[JayMar2019 2,741]

Just a few things you need to take into consideration:

 

1. NEVER RUSH marrying or filing the K1 fiancé visa because you are trying to be together quicker or faster. The process itself, without any prior criminal offenses, is NOT quick..is NOT fast and that's both the k1 OR the spousal visa process.

 

2. He was convicted of sexual assault without consent. While he has received his judgment through a military faction, this WILL play detriment to his life outside of the military. I would strongly suggest that he and/or you read the terms of his sentence to ensure that he will not be added to the US Sex Offender Registry once he is released because typically a conviction of such magnitude does warrant him to be added. And if he is added, this will play negatively on his life outside of the military (i.e., employment, where he can live, etc.)

 

3. While it is great he isn't being released dishonorably (please make sure that is confirmed in his discharge), and he is being released on "bad conduct", this will follow him wherever and forever. USCIS background checks are extremely thorough so his name is gonna receive a negative "hit" in their system which is gonna warrant an additional and further detailed background investigation regarding his offense. A conviction of sexual assault is no joke and hard to overcome during this process. So again, that part about wanting to be together quickly, is NOT gonna happen.

 

4. It would be best for you two to wait and let him come home and start whichever process you two decide to do because either is costly and as I believe someone has already mentioned, he is going to need a co-sponsor as he will not have a job during this process if you file now. He most likely will need a co-sponsor after he comes home because it is going to be difficult for him to find employment with this conviction on his record. Furthermore, one of the main and mandatory requirements is that you have to have met in person and you will also have to provide proof of ongoing relationship and/or marriage when and if you get to the interview part of the process.

 

5. I know you didn't ask for relationship advice - but just a little piece here "take your time and get to know HIM before you decide to move forward". Prison or any type of confinement can and will change a person, especially when they try to re-establish themselves back in the world. Not judging him or his offense, but you mentioned this happened before you two started dating, and you were present during the trial which is great you are supportive of him through this. But there are always 3 sides to a story...HIS...HERS...AND THE TRUTH!!!

 

Good luck to the both of you on your journey!

 

Edited October 11, 2018 by Trinab80

[Ryan H 3,925]

Moved from Progress Reports to Process & Procedures.

[pushbrk 13,818]

A key question would be, "How long will he be confined?".  The foreign spouse cannot immigrate to the US before the US Citizen.  Also, although it is technically possible to immigrate based on a consummated proxy marriage, it is definitely not a sure thing.

[John & Rose 7,241]

20 hours ago, Trinab80 said:

Just a few things you need to take into consideration:

 

1. NEVER RUSH marrying or filing the K1 fiancé visa because you are trying to be together quicker or faster. The process itself, without any prior criminal offenses, is NOT quick..is NOT fast and that's both the k1 OR the spousal visa process.

 

2. He was convicted of sexual assault without consent. While he has received his judgment through a military faction, this WILL play detriment to his life outside of the military. I would strongly suggest that he and/or you read the terms of his sentence to ensure that he will not be added to the US Sex Offender Registry once he is released because typically a conviction of such magnitude does warrant him to be added. And if he is added, this will play negatively on his life outside of the military (i.e., employment, where he can live, etc.)

 

3. While it is great he isn't being released dishonorably (please make sure that is confirmed in his discharge), and he is being released on "bad conduct", this will follow him wherever and forever. USCIS background checks are extremely thorough so his name is gonna receive a negative "hit" in their system which is gonna warrant an additional and further detailed background investigation regarding his offense. A conviction of sexual assault is no joke and hard to overcome during this process. So again, that part about wanting to be together quickly, is NOT gonna happen.

 

4. It would be best for you two to wait and let him come home and start whichever process you two decide to do because either is costly and as I believe someone has already mentioned, he is going to need a co-sponsor as he will not have a job during this process if you file now. He most likely will need a co-sponsor after he comes home because it is going to be difficult for him to find employment with this conviction on his record. Furthermore, one of the main and mandatory requirements is that you have to have met in person and you will also have to provide proof of ongoing relationship and/or marriage when and if you get to the interview part of the process.

 

5. I know you didn't ask for relationship advice - but just a little piece here "take your time and get to know HIM before you decide to move forward". Prison or any type of confinement can and will change a person, especially when they try to re-establish themselves back in the world. Not judging him or his offense, but you mentioned this happened before you two started dating, and you were present during the trial which is great you are supportive of him through this. But there are always 3 sides to a story...HIS...HERS...AND THE TRUTH!!!

 

Good luck to the both of you on your journey!

 

TRINAB80!!!  ADJUSTMENT OF STATUS!!!  CONGRATULATIONS. What an amazing journey. 

 

Now back to our regularly scheduled thread.  I put the sex offenders list up because even if they didn’t mention it in court. Having non consensual sex with someone is rape. Rape is a sexual offense. He will be on the list once he gets out of detention (jail). I was trying to just help her without going into the personal details but now I believe she should know that the odds of approval from Vermont are not good. If she makes it through to the interview I still believe that it will be difficult for him to get any approval because of his sexual assault conviction. She can believe her fiance’s story but apartment owners, hiring managers, and the rest of the government will believe the court. 

[JayMar2019 2,741]

10 minutes ago, John & Rose said:

TRINAB80!!!  ADJUSTMENT OF STATUS!!!  CONGRATULATIONS. What an amazing journey. 

 

Now back to our regularly scheduled thread.  I put the sex offenders list up because even if they didn’t mention it in court. Having non consensual sex with someone is rape. Rape is a sexual offense. He will be on the list once he gets out of detention (jail). I was trying to just help her without going into the personal details but now I believe she should know that the odds of approval from Vermont are not good. If she makes it through to the interview I still believe that it will be difficult for him to get any approval because of his sexual assault conviction. She can believe her fiance’s story but apartment owners, hiring managers, and the rest of the government will believe the court. 

Hey John!!!! Thanks so much, yes the journey was long but we made it through!!!! Congrats to you and Rose on your nupitals and keeping the fight alive to get your family over here!!!! You guys are living testimony that love does conquer all!

 

But in regards to this post, I agree with you 100%. She and her fiancé need to truly and fully understand the fight, the odds and the possible negative outcome of their situation because their journey will be extremely hard to fight with immigration. And even harder outside of dealing with immigration. Which is why I agree that rushing into marriage or the K1 visa process for the purpose of being together quicker would be a waste of money, and any effort when there are so many other factors they need to be focus on first.