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Wynn Liang

HELP!!How to apply K1 visa when my us citizen fiance is in jail?

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Filed: K-1 Visa Country: China
Timeline

Hello everyone! Thank you all for ur time to reading this. We really need help and we really appreciate every comment u guys post. If there are people who had the similar situation please let me know.

Here's our basic situation:

My us citizen fiance is in jail currently, he'll be out after 8 months. We want to get me a visa, so i can get there immediately once he's out and then get married.

I'm Chinese, we met in China. We've been together for 1 year till last month. We were physically together for 7 months before he went back to America 3 months ago. I have proof of our relationship such as our pictures, chat history screenshot, and i recorded some of he's calls from jail, and all of our family members knows too. 

Our questions are:

- How can he do his part while he's in jail? 

 such as fill forms, signatures, get his photos for the application, bank bill proof, etc.

- What can we do about he has no income?

Before his jail time, he was a  student, and now he can't have a job since he's in jail. Does that effect the result of application? if it does what can we avoid it as much as we can?

- Does the embassy will denial the visa since my fiance is in jail for now? Is there any other effects of he's in jail?

- Anything I can avoid? and anything i can do to make it more possible to work?

Thank you again☺️

Edited by Wynn Liang
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Filed: Citizen (apr) Country: Canada
Timeline

~~Moved to K1 P&P from Progress Reports.~~

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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Filed: AOS (apr) Country: Philippines
Timeline

The first part of the journey is tbe petition and the responsibility of the USC,  he needs to figure out how to do the forms.

YMMV

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Filed: Citizen (apr) Country: Taiwan
Timeline

Agree with @milimelo.  Wait until he is out of jail to start the process.   In the meantime, study and learn the information in the K-1 guide here:

 

 

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

August 7, 2022: Wife filed N-400 Online under 5 year rule.

November 10, 2022: Received "Interview is scheduled" letter.

December 12, 2022:  Received email from Dallas office informing me (spouse) to be there for combo interview.

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

January 26, 2023: Wife's Oath Ceremony completed at the Plano Event Center, Plano, Texas!!!😁

February 6, 2023: Wife's Passport Application submitted in Dallas, Texas.

March 21, 2023:   Wife's Passport Delivered!!!!

May 15, 2023 (about):  Naturalization Certificate returned from Passport agency!!

 

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Unfortunately I have to agree with the other posters that unless you have a friend or relative you trust implicitly over in the us who can help get the documents together, who has visiting rights, and if the prison allows papers and a pen to be passed to your fiancé then it may be easier to have him petition once he gets out. 

If I followed your original post dates then you will still have time to gather documents before the having met once within the two years preceding application is up. 
 

I realise this isn’t what you want to hear but this process is something most of us on here wouldn’t want to rely on someone else not to mess up - why most of us use this site rather than lawyers. 

Edited by Illiria

K-1 Met:2002 Dating :2003 I-129F Sent : 2013-06-01 I-129F NOA2 : 2013-08-20 Medical: 2013-12-20 Interview Date : 2014-01-22 POE: 2014-02-19 Wedding: 2014-03-18

AOS/EAD Date Filed : 2014-04-04 BioAppt: 2014-05-13 EAD in Production: 2014-07-08 Interview date: 2014-07-14 Green Card received: 2014-07-19

ROC Date Filed: 2016-04-26 Cheque Cashed: 2016-05-10 NOA1: 2016-04-28 Biometrics: 2016-06-30 Approved: 11-08-2016 Green Card Received: 11-18-2016

 

Citizenship Date Filed: 2017-04-18 Cheque Cashed: 2017-04-24- NOA1:2017-04-21  Biometrics: 2017-05-19 Inline: 2017-07-12 Interview Date: 2018-02-13 Oath: 2018-03-15

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9 minutes ago, top_secret said:

All jails and prisons in the US have in place procedures to accommodate legal mail, and immigration papers would qualify as that.  So getting forms in and out to be filled and signed is not a significant problem if family or someone else trusted on the outside is cooperating. Whether it is a good idea or not is a separate issue.

That’s fine, but then there is the issue of sponsorship.   Even with a joint sponsor, the petitioner would have no potential income from prison.   I think a public charge inadmissibility would be likely.

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Filed: Citizen (apr) Country: Brazil
Timeline
17 hours ago, Wynn Liang said:

We've been together for 1 year till last month. We were physically together for 7 months before he went back to America 3 months ago. I have proof of our relationship such as our pictures, chat history screenshot, and i recorded some of he's calls from jail, and all of our family members knows too.

Lots of good advice given already on the issues related to your boyfriend being in prison for the next 8 months.  For proof of meeting within two years of filing the petition, you will need evidence like an apartment lease together, hotel receipts, credit card receipts, his passport stamps and Chinese visa showing dates of entry/exit, to/from China, original boarding passes from his trip to spend 7 months with you, etc.  Photos alone will not be enough, and chat history is not evidence of meeting in person.  So ask your boyfriend if he has that additional evidence which will be required in order to file a successful I-129F petition.  Good luck!

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