K1 -Austria to USA- inmate

[MrsBryant 2]

Hello! I'm new to this website and I don't know if there already was a started topic for this subject. I'm from Austria and engaged to an US citizen. He is doing time and I was wondering if we can file for the K1 while he isn't out yet. I would appreciate it a lot if someone with a similar story would help me. Thank you very much in advance ❣️

[Ontarkie 13,917]

Welcome to the forums. This topic has come up a before but it is always best to start your own threads for your questions like you did here. 

 

Yes you can file for the K1 while is in prison if you meet the requirements. 

 

The main requirement is meeting within two years of filling. 

 

Then you have his crime whether it is something that may bar him from filling. 

 

 

 

[Crazy Cat 39,270]

Is it possible?  Maybe..... Will it be easy?  No.  It starts by the petitioner filing an I-129f.

 

 

[MrsBryant 2]

6 minutes ago, Ontarkie said:

Welcome to the forums. This topic has come up a before but it is always best to start your own threads for your questions like you did here. 

 

Yes you can file for the K1 while is in prison if you meet the requirements. 

 

The main requirement is meeting within two years of filling. 

 

Then you have his crime whether it is something that may bar him from filling. 

Do you perhaps know what the requirements would be for him to file while he is doing time?

6 minutes ago, Ontarkie said:

 

 

 

Thank you! I'm so happy I found your forum. It's awesome! I'm very thankful for your response. I'll let him know so he can perhaps ask his parole officer.

Edited August 17, 2021 by MrsBryant
Forgot a question 😊

[MrsBryant 2]

4 minutes ago, Crazy Cat said:

Is it possible?  Maybe..... Will it be easy?  No.  It starts by the petitioner filing an I-129f.

 

 

Thank you very much for your response 💜 I know it'll be tough ☺️ Thank you also for the link. I'll make sure to check it 😁

[Letspaintcookies 2,208]

The only crimes completely baring him from petitioning for you are crimes under the Adam Walsh Child Protection and Safety Act. Other than that he can petition if he is able to do all the paperwork in prison. Be prepared that you'll get questioned about his crimes at your interview. They want to make sure that you're fully aware about everything and know what you get into.

 

[MrsBryant 2]

15 minutes ago, Letspaintcookies said:

The only crimes completely baring him from petitioning for you are crimes under the Adam Walsh Child Protection and Safety Act. Other than that he can petition if he is able to do all the paperwork in prison. Be prepared that you'll get questioned about his crimes at your interview. They want to make sure that you're fully aware about everything and know what you get into.

 

I sent you a pm 😊

[canadian_wife 1,791]

Have you met in person?

 

Good luck 

[Timona 3,941]

You wanna have a chat with @Jill Mackie. She is doing the same process as you. There is another VJer who successfully went through the same process. I just do not know who the person was. Maybe @Jill Mackie might.

 

 

Edited August 17, 2021 by Timona

[Jill Mackie 76]

1 hour ago, MrsBryant said:

Hello! I'm new to this website and I don't know if there already was a started topic for this subject. I'm from Austria and engaged to an US citizen. He is doing time and I was wondering if we can file for the K1 while he isn't out yet. I would appreciate it a lot if someone with a similar story would help me. Thank you very much in advance ❣️

You should talk to @mattelo she did the K1 Visa process and was just approved for her 10 year green card . 

[Jill Mackie 76]

2 hours ago, MrsBryant said:

Hello! I'm new to this website and I don't know if there already was a started topic for this subject. I'm from Austria and engaged to an US citizen. He is doing time and I was wondering if we can file for the K1 while he isn't out yet. I would appreciate it a lot if someone with a similar story would help me. Thank you very much in advance ❣️

read through my thread , it should help you .

 

 

[Timona 3,941]

4 minutes ago, Jill Mackie said:

You should talk to @mattelo she did the K1 Visa process and was just approved for her 10 year green card . 

 

I knew, somehow, that you knew the other person. Thanks VJer!!

[brevig 28]

I was recently denied k1 a visa in Cambodia.  I'm the US petitioner.  Have lived with her for 5 years with plenty of proof.  I have 3 non-violent convictions for misdemeanors 2004-2007 with 1 that was initially charged as violent/felony but dropped.  I'd go through not just his convictions but all his arrests (as he'll have to report ALL of them regardless of if convicted), if there is anything violent I would recommend getting married then filing from my personal experience.

[mattelo 45]

Hi there 😊

 

Yes I did the K1 Visa after getting engaged to someone serving hard time (life sentence without the possibility of parole at the time). As long as it is not anything domestic violence related, you should be okay to go, and as long as you don't have a criminal record yourself of course. You'll also have to find someone to co-sponsor you, as I'm guessing he doesn't have income or very little. 

 

I encountered some difficulties, however, when I applied for the green card and my husband couldn't attend the interview to the USCIS office with me. My green card was denied because of that, so I had to hire an attorney to appeal their decision and we won! Some people would say it's safer to go for a spouse visa in our situation, because at least there's no joint interview required before the green card's obtention. Today I have my 10-year GC and don't regret a thing, it's totally doable in the end but be prepared to have to go through many hoops because they surely won't make it any easy on you.

 

Also, gather as much evidence as you can. All of your letters, emails, phone bills, pictures of you two together, gifts you sent him, gifts he sent you, etc. 

[SalishSea 16,776]

5 hours ago, MrsBryant said:

Hello! I'm new to this website and I don't know if there already was a started topic for this subject. I'm from Austria and engaged to an US citizen. He is doing time and I was wondering if we can file for the K1 while he isn't out yet. I would appreciate it a lot if someone with a similar story would help me. Thank you very much in advance ❣️

You'll also want to research the requirements for financial sponsorship.  He will likely need a qualified joint sponsor.