In search for advice to get married

[devoted72 1]

Hy all, this is my first ppst6i hope some of you could help me. So, I read the difference between a k1 and a spouse visa my issue is this: I live in Italy, my L. O. In Colorado but, sadly to say, he is still incarcereted and he will be for a while. He wants to marry me and I  ready to leave all that I have here in order to stay as near as possible to him until his release, almost 10 years of we are lucky. How can a person ask for a spouse visa,  which would help me find a Joc sooner, if I am not already married? Should I ask for a k1, marry him and, then, ask for the adjustment? If I am not wrong I could not stay in united states during the time to obtain the adjustment, correct? In that case o could ask for a k1, go there, marry him in jail, come back home and ask for the adjustment approval. Please give me some advice. I know that it is better to hire an immigtation lawyer and I will do it but, in the meantime, I'd like to know what is the best way to take so that I can start plan something In concrete. Tia. 

[canadian_wife 1,791]

If you apply for a K-1, you would be approved, get a visa, travel to the US, marry your fiancé, STAY IN THE US, file to adjust status.

 

There are some really helpful guides if you look up at the top.  The K-1 flow chart is especially helpful.

 

Good luck 

[Boiler 43,582]

When was the last time you met?

[devoted72 1]

We know each other since 1 year and a half and I am going there in person for the first time at the end of this year, till now only calls, letters and video visits

[Boiler 43,582]

Well nothing to be done now, see how things go after your visit.

[devoted72 1]

Yes, I understand but, since I know that for a k1 it could take even a year, I was asking for what to do and how previoisly

[Boiler 43,582]

K1's have been taking longer than a year, now what timelines will be in 2023 I have no idea.

[canadian_wife 1,791]

4 minutes ago, Simo lasimo said:

Yes, I understand but, since I know that for a k1 it could take even a year, I was asking for what to do and how previoisly

 

There is nothing for you to do now except research the different visa paths.  Your fiance will do the heavy lifting in the early stages. Please review those guides at the top of the page to learn about the processes.  This is a DIY site (heavy on the Y)

 

Good luck 

[devoted72 1]

I apologize, thank you 🙏

[canadian_wife 1,791]

No need to apologize, we are just trying to help.  I stole this from Crazy Cat, I hope it helps you. 

 

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1        
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 6-8 months)    
    Spouse can not work until she/he receives EAD (approx 6-8 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.
    A denied K-1 is sent back to USCIS to expire
  

CR-1
    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.

    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.

[devoted72 1]

Thanks so much! I  am also already reading the guides  u told me about, in your first reply. You have been very helpful. Be blessed 🙏🙏🙏

[RO_AH 1,615]

52 minutes ago, Simo lasimo said:

Hy all, this is my first ppst6i hope some of you could help me. So, I read the difference between a k1 and a spouse visa my issue is this: I live in Italy, my L. O. In Colorado but, sadly to say, he is still incarcereted and he will be for a while. He wants to marry me and I  ready to leave all that I have here in order to stay as near as possible to him until his release, almost 10 years of we are lucky. How can a person ask for a spouse visa,  which would help me find a Joc sooner, if I am not already married? Should I ask for a k1, marry him and, then, ask for the adjustment? If I am not wrong I could not stay in united states during the time to obtain the adjustment, correct? In that case o could ask for a k1, go there, marry him in jail, come back home and ask for the adjustment approval. Please give me some advice. I know that it is better to hire an immigtation lawyer and I will do it but, in the meantime, I'd like to know what is the best way to take so that I can start plan something In concrete. Tia. 

It is not better to hire a lawyer sometimes it is worse. Learn the process and do it without a lawyer.

 

You cannot file for a K-1 until you have met in person at least once. You will need pictures and other proof of spending time together in order to file. Once you get a K-1 you can come here and get married but you cannot leave until you complete Adjustment of Status which can be filed after you marry.

 

If he files for fiance or spouse visa he will have to prove financial capacity to support you or he will need a joint sponsor. This may also be a hurdle in your case.

[Timona 3,950]

There have been 2 members here who went through this  @Golden Me and someone more recent. I can't get the name. Maybe @Staceyann88

[Boiler 43,582]

I forget what it is called but there is a Prison Forum that has a section that covers this.

[Scandi 3,972]

I often hear about people in prison getting married, I assume so can you two. You don't need a K-1 to come to the US to get married if you intend to return to Italy and file for a spousal visa from there. You can do this on an ESTA if you're eligible for that. 

 

I went through the K-1 visa path and don't recommend it at all. I especially remember how dependent I was on my USC husband since I wasn't allowed to drive or work for many, many months after arriving in the US. Since your fiance is in prison that may be an even bigger hurdle for you.

 

Definitely go get married if you can, and file for the CR-1 visa. That way you're a permanent resident the same day you enter the US with that visa and won't have to depend on your then husband. You can take care of yourself until he's released. 

 

I'm not sure if it maybe is even harder getting approved for a K-1 with a partner in prison, than a CR-1 where you're already spouses.