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

[SunflowerSweet 1,321]

3 hours ago, carmel34 said:

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!

Wait, am I missing something? Why would they need an apartment lease together for the I-129F? I’ve never heard of that.

[SalishSea 16,777]

4 hours ago, SunflowerSweet said:

Wait, am I missing something? Why would they need an apartment lease together for the I-129F? I’ve never heard of that.

Not at all.  OP stated that they lived together in China, so it could be evidence for the one-time meeting requirement.  Most K-1s have not lived together.

[Wynn Liang 0]

On 6/5/2021 at 6:29 AM, Nitas_man said:

What’s he in jail for?  It isn’t domestic violence or trafficking is it?

he was in jail because of domestic violence before, now is because of the probation violation.

[Wynn Liang 0]

On 6/5/2021 at 7:51 PM, carmel34 said:

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!

we were living in his family's house when he was in China and didn't travel anywhere because of the virus, so we won't have the receipts of hotel etc. we can make a copy of visa on his passport, if that helps.

[Wynn Liang 0]

On 6/5/2021 at 1:16 PM, Loren Y said:

This is exactly the case. Getting the forms signed and copies of everything can be handled by a family member you trust with access to the forms. If you can get a family member with visiting privileges to take the paperwork to him to sign in less he is in supermax/ death row/ segregation lock-up the visitor can bring a pen for him to sign the forms with without an issue. If he is in one of the aforementioned situations ( I doubt it, because you said he is going to be out in 8 months) so getting the forms signed and mailed isn't going to be a issue. I don't think it would be that difficult to file everything as it is going to take 8-10 months to get to NOA 2 more than likely, and if he has a joint sponsor lined up, that will cover the I-134 that needs to be filled out for the interview.  As others have said, make sure his convicted offense isn't a disqualifying one, and make sure to disclose it obviously when you fill out the petition.

It's up to you if you want to try and get a jump on the process, or as others suggested wait until he is released and begin the process.

we want to try and get a jump on the process. if he has a sponsor for this, we also need to fill I-134 with I-129F together? and he has domestic violence before, is that might be disqualifying?

[Wynn Liang 0]

On 6/5/2021 at 10:32 AM, Jorgedig said:

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.

his family shoot him 3000＄ per month, can that be a kind of income?

[arken 4,197]

6 minutes ago, Wynn Liang said:

he was in jail because of domestic violence before, now is because of the probation violation.

One of the documents the US embassy provided to my wife upon her visa issuance was a pamphlet about domestic violence. I'd assume the CO will grill much about it during your interview even if uscis approves the petition.

[Boiler 43,459]

Domestic Violence is taken very seriously.

[Wynn Liang 0]

11 minutes ago, arken said:

One of the documents the US embassy provided to my wife upon her visa issuance was a pamphlet about domestic violence. I'd assume the CO will grill much about it during your interview even if uscis approves the petition.

im okay with my fiance's case, are they gonna grill much about it? or don't give us approval?

[Wynn Liang 0]

11 minutes ago, Boiler said:

Domestic Violence is taken very seriously.

I saw this on the criminal part, we're gonna be honest about his case and still willing to marry each other, is that still a serious problem to get denial?

[Boiler 43,459]

Just now, Wynn Liang said:

I saw this on the criminal part, we're gonna be honest about his case and still willing to marry each other, is that still a serious problem to get denial?

Absolutely

[Wynn Liang 0]

On 6/5/2021 at 2:47 AM, Adventine said:

Also depends on what he's in jail for. Some crimes may make him ineligible to petition a fiancée.

his case was domestic violence

[Wynn Liang 0]

On 6/5/2021 at 3:03 AM, Mike E said:

The jail might or might not let him download 

I suggest that you fill out the forms with the help of his family members.   Or his help since he seems to have to a phone.  Then email the forms one of his family members to print out and take to the jail during visiting hours.  The jail might or might now allow the visitor to meet with your fiancé with pens (pens are sharp). Some  jails won’t let papers be passed to your fiancé.  If so, your fiancé will have to hire a lawyer to meet your fiancé with the papers to sign. A lawyer is always able to to have physical contact with a client in jail.  

 

 

You will need a joint sponsor.  It has to be someone living in the USA who is a citizen or lawful permanent resident.  
 

 

The lack of income is handled by a joint sponsor.  
 

Depending on the crime he might or might not be allowed to petition you.  For example if his crime was assaulting a spouse, he is not likely to be approved.  
 

There is nothing you can do about his criminal record.  

Thank u very much, his case was domestic violence, is that ok?

[arken 4,197]

18 minutes ago, Wynn Liang said:

im okay with my fiance's case, are they gonna grill much about it? or don't give us approval?

They may approve you for the visa, i guess it depends on the level of violence.

A slap on the face and a bloody beating with broken bones are both domestic violence but judgement will be different.

 

More than 8 months of jail for a probation violation of a domestic violence suggests it's a serious violence.

Edited June 22, 2021 by arken

[Boiler 43,459]

6 minutes ago, Wynn Liang said:

Thank u very much, his case was domestic violence, is that ok?

No