USC Prisoner husband wanting to obtain permanent residency for Australian citizen wife

[NomesK 3]

I'm hoping to find assistance with current/up to date information (Other topics in the forums are from years ago, and many changes have been made to immigration since their posts) regarding the process I would need to undertake to obtain my CR-1 (?) visa so that once I've gotten everything in order, I can move to live closer to my husband, who is currently serving a Life Without Parole sentence in Pennsylvania. Obviously I know he's unable to fully sponsor me, and I'm a bit reluctant to ask his family to be joint sponsor, but I have a friend who is willing to be joint sponsor for me.  Is it still possible that the joint sponsor doesn't have to live in the same State?  How much money will I need to show I have saved to support myself?  Is there a time-frame that this money has to 'last' me for?  How long is the joint sponsor legally responsible for me? Is there anyway I can provide for myself without a joint sponsor? Would I need to have letters of offers of employment before submitting the paperwork? Will I be able to purchase a property in Pennsylvania whilst I'm still residing in Australia? If I am able to buy a house, would it be better to put the house in both names? If I start the visa process, can I still visit hubby without being turned away at the border?  Should hubby and I have a joint bank account? (To help prove bona fide marriage)  So many questions already, and I'll probably have more to ask once I start getting answers too!

 

A bit of background history, hubby and I met thru his mother, who has now passed away, and have been in communication for almost 6 years. We first met in 2018, and since then I have visited a further 3 or 4 times, for several weeks at a time. On one visit we got officially engaged and on the next visit we got married on November 9th, 2019.  I've planned on making the move to PA (Pennsylvania) basically ever since we started growing close.  As he is a Lifer, with no current hope of ever getting out (although laws may eventually change) I would just like to be living in the same time zone as him, same zip code if possible, but, once contact visits start up again, be able to go visit him in person every week, and not just once or twice a year depending on savings.

 

Any assistance/advice is extremely welcome as I've tried reading the 'legal' information on the immigration website, but I get lost in all the mumbo jumbo legal speak!

 

Thank you for your time reading this, and I hope some of you are able to help me/us out with our journey.

Naomi & Jason

Edited January 26, 2021 by NomesK

[Boiler 43,437]

A quick read of the I 864 would be a good start

 

Is the friend a USC or LPR residing in the US?

 

Purchasing property has nothing to do with Immigration, a lot to do with money.

 

I seem to remember a Prison forum mentioned that covers this, forget the name.

 

 

Edited January 26, 2021 by Boiler

[NomesK 3]

9 minutes ago, Boiler said:

A quick read of the I 864 would be a good start

 

Is the friend a USC or LPR residing in the US?

 

Purchasing property has nothing to do with Immigration, a lot to do with money.

 

I seem to remember a Prison forum mentioned that covers this, forget the name.

 

 

Thanks Boiler, I'll read that (I 864) now.

 

My friend that is willing to be joint sponsor is a USC and lives in Florida.

 

The Prison forum, is that Prisontalk Online? If so, the info there is also dated about 5 or so years ago, so may not be current...but I have all that information printed off too!

[Boiler 43,437]

There have been a few posts on this forum but nothing recent, not aware of anything that has changed that would invalidate prior comments.

[Lucky2Lucky 2,526]

A sponsors commitment to you will end when you have worked 40 quarters, become a US Citizen or die. A positive is if you are able to obtain the visa it would be IR1 since you will have been married 2 years -this means you would receive a 10 year green card upon arrival (not have to go though removal of conditions)
I think you have an uphill battle you are fighting but I wish you well on the journey.

[NigeriaorBust 4,087]

  A sponsor must be a citizen or green card resident.  They must make enough to support the intending immigrant , their own family and any other immigrants they have previously sponsored.    The sponsorship is to pay the government back if you draw on means tested benefits.  It does not mean they have to pay your way here.   Coming in on a IR visa you will be able to work immediately.   Buying a house is about money as previously mentioned .  If you are older you don't have to have as much joint anything .  You have to prove that you have a valid relationship.  Many people create joint accounts , add spouses to their properties and such in an attempt to prove this.   It is up to you.   Buying a house in both names might be a royal pain in the rear because of all the signatures needed from the parties.   You should be able to buy a house in your own name, it is a state by state law about what has to be done for that to happen.  Love and co mingling is a great thing until it isn't.   

[Lemonslice 4,555]

You might want to ask him to have his criminal record handy - you'll most probably be asked if you're aware of his crime(s) during the interview.  Also, some offenses might make him not eligible to petition you.

See section "Influence on visa process" for general info - https://en.m.wikipedia.org/wiki/Adam_Walsh_Child_Protection_and_Safety_Act. 

 

[NomesK 3]

2 minutes ago, Lemonslice said:

You might want to ask him to have his criminal record handy - you'll most probably be asked if you're aware of his crime(s) during the interview.  Also, some offenses might make him not eligible to petition you.

See section "Influence on visa process" for general info - https://en.m.wikipedia.org/wiki/Adam_Walsh_Child_Protection_and_Safety_Act. 

 

I have a copy of his court documents - he sent them to me in preparation for our counselling session before we were given permission by the prison to get married.  As for the Adam Walsh Child Protection and Safety Act, whilst his crime is deemed violent, it was not to do with any kind of violence or any nature of child crimes whatsoever. He has no sexual charges either or domestic violence.  I don't believe his crime would exclude him from sponsoring me, however, his income does, so that's why I will be needing a joint sponsor.

[Letspaintcookies 2,207]

They want to have a sponsor on file not so much to have somebody where they can get the money back from in case you would use food stamps for example but to make sure that there is somebody to help you that you don't have to use food stamps. With that in mind an immigration officer might see a friendship relationship not as strong as a family relationship. Even though families can fall apart just as easy friendships might break easier and suddenly your sponsor won't care about you anymore and don't support you the way they are supposed to when you need it. That's just something to keep in mind when presenting your sponsor. It will probably help when you can show some good assets on your own.

 

Wish you best of luck and keep us and the community posted about your journey. Maybe others will profit from it 😊

[Duke & Marie 1,389]

Sorry but I can’t help but ask 2 questions.

1. Are your really sure you want to migrate under the circumstances? The US is significantly different to Aus, I’d hate to think your migrating without a support mechanism in place to help with the adjustments... I’m a very independent lady and have travelled all over the world and have struggled adjusting to how just different things are here and that’s with hubby by my side and zero homesickness it’s just sooooo different 

2. Your aware that life without parole actually means life without parole here right? The justice system is nothing like back home where life is maybe 5-10 years then they get out.. 

 

sorry to be so negative but I truely hope you know what your getting yourself into

 

good luck you’ve got a long hard road ahead

Edited January 26, 2021 by Duke & Marie

[Boiler 43,437]

13 minutes ago, Duke & Marie said:

Sorry but I can’t help but ask 2 questions.

1. Are your really sure you want to migrate under the circumstances? The US is significantly different to Aus, I’d hate to think your migrating without a support mechanism in place to help with the adjustments... I’m a very independent lady and have travelled all over the world and have struggled adjusting to how just different things are here and that’s with hubby by my side and zero homesickness it’s just sooooo different 

2. Your aware that life without parole actually means life without parole here right? The justice system is nothing like back home where life is maybe 5-10 years then they get out.. 

 

sorry to be so negative but I truely hope you know what your getting yourself into

 

good luck you’ve got a long hard road ahead

I have not come across it recently but there seemed a spate at one time. Seems it is definitely not uncommon.

[Duke & Marie 1,389]

On 1/25/2021 at 8:44 PM, NigeriaorBust said:

Buying a house in both names might be a royal pain in the rear because of all the signatures needed from the parties.   You should be able to buy a house in your own name, it is a state by state law about what has to be done for that to happen.  Love and co mingling is a great thing until it isn't.   

Buying a house isn’t the issue, it only takes one person even if married... the problem is selling it, it takes both parties to sign off on those documents and banks generally refuse remote signing.. power of attorney might fix it, but definitely something to look into prior to making any purchase

Edited January 27, 2021 by Duke & Marie

[Boiler 43,437]

Good that the OP has the cash to contemplate buying a house.

[Ryan H 3,790]

Moved from Progress Reports to Process & Procedures.