CR1 or K1?

[Unclekirby 0]

Hi everyone, this is my first post on here. I do read the forums regularly but would like some advice please. I'm engaged to an inmate in the US, he's due to be released in June 2023. We were hoping to be married last year but was unable to due to COVID. We're unsure whether to marry as soon as the borders open and apply for a CR1 or apply now for a K1 and marry once it's approved. He has only 19 months left and we really need to make a decision right away. His brother (who we will also be living with to begin with) is going to be co-sponsor. Any advice would be greatly appreciated.

 

P.s. If anyone would like to know his crime; he was with someone who robbed and shot an innocent man. My fiance was unaware his acquaintance had a weapon and was convicted through the felony murder rule in Maryland. This law is actually in the process of being amended and my fiance, although it won't affect his prison time, can hopefully in the future have the charge removed from his criminal record.

[SteveInBostonI130 3,467]

15 minutes ago, Unclekirby said:

Hi everyone, this is my first post on here. I do read the forums regularly but would like some advice please. I'm engaged to an inmate in the US, he's due to be released in June 2023. We were hoping to be married last year but was unable to due to COVID. We're unsure whether to marry as soon as the borders open and apply for a CR1 or apply now for a K1 and marry once it's approved. He has only 19 months left and we really need to make a decision right away. His brother (who we will also be living with to begin with) is going to be co-sponsor. Any advice would be greatly appreciated.

 

P.s. If anyone would like to know his crime; he was with someone who robbed and shot an innocent man. My fiance was unaware his acquaintance had a weapon and was convicted through the felony murder rule in Maryland. This law is actually in the process of being amended and my fiance, although it won't affect his prison time, can hopefully in the future have the charge removed from his criminal record.

 

Have you physically met in the last 2 years?  If so your fiance can apply for a K1.  But being incarcerated, he would need help getting the package together and mailed to USCIS.  Be prepared for extra scrutiny and a longer wait than usual:  due to his conviction the petition would probably go to Vermont for evaluation.  VSC can take twice as long, or longer.

 

The other option is for you to visit when able, marry, and apply for CR1.  This may be the faster option in your case, depending on when you can visit the US.

 

[Unclekirby 0]

6 minutes ago, SteveInBostonI130 said:

 

Have you physically met in the last 2 years?  If so your fiance can apply for a K1.  But being incarcerated, he would need help getting the package together and mailed to USCIS.  Be prepared for extra scrutiny and a longer wait than usual:  due to his conviction the petition would probably go to Vermont for evaluation.  VSC can take twice as long, or longer.

 

The other option is for you to visit when able, marry, and apply for CR1.  This may be the faster option in your case, depending on when you can visit the US.

 

Thanks so much for your fast response! We last saw each other in March last year (literally days before the borders closed!). I saw him twice in the visiting room and then he had a court date on the Monday which I attended along with his family. We both prefer the idea of marrying as soon as possible as we're very much in love and can't wait to be official but we're also very aware that we need to make the right decision that's best for us and our future. I've looked into getting an immgration lawyer to assist him in submitting the petition, a lot of the general ones like Boundless won't help us as he's incarcerated. Any help on contacts would be appreciated.

 

As a side note, I believe the rules on visiting the US while a visa is processing is possible but not guaranteed, just wondered if you had any advice on this too?

[SteveInBostonI130 3,467]

2 minutes ago, Unclekirby said:

As a side note, I believe the rules on visiting the US while a visa is processing is possible but not guaranteed, just wondered if you had any advice on this too?

 

Yes, you can visit the US while your K1 or CR1 petitions are processing.  It is up to the discretion of CBP to allow you to enter, but that is the case whether you are married/engaged or not.  They may scrutinize you more and/or ask you more questions.  

[Unclekirby 0]

1 minute ago, SteveInBostonI130 said:

 

Yes, you can visit the US while your K1 or CR1 petitions are processing.  It is up to the discretion of CBP to allow you to enter, but that is the case whether you are married/engaged or not.  They may scrutinize you more and/or ask you more questions.  

I plan to provide proof should they need it, I have a tenancy agreement and can have a signed letter from work. But yeah I think I need to be prepared to be turned away as hard as that will be. Do you have to declare you have the Visa pending or does it show up when they scan your passport? I plan to be 100% honest, it's more an intrigue.

Edited September 27, 2021 by Unclekirby
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