TRUSTNOONE

I thought I'd add that I think it's not just an issue of 1% of USCIS fund coming from our taxes (of course when you are talking about billions of dollars 1% isn't quite as tiny as you would think). I think it's also the idea of somebody who when they come here won't even be really spending time with their spouse much (due to circumstances) and that persons paperwork getting put ahead of others who are trying to come and will be REALLY spending time with the petitioners. I realize it's the petitioner in this case that isn't a law abiding citizen but it irks me to see a non law abiding citizen gets the same rights as me in this case. Particularly while they are IN PRISON. It would be another story if they were already out.

I completely agree with this! I think even prisoner's have rights but this is too much - actually bringing somebody from another country here for marriage when you are in PRISON? Come, get married then go back and keep in touch online or through snail mail or however. Come join him if he ever gets out... I know I sound harsh but this is incredulous. I wish we would reform the whole immigration system.

Best advice yet! These are the choices. Be realistic and make a firm decision. After that don't worry too much about the what ifs or wish you filed something else. Finish one step and plan for the next one.
Enjoy your time together and best of luck.

I completely agree with this! I think even prisoner's have rights but this is too much - actually bringing somebody from another country here for marriage when you are in PRISON? Come, get married then go back and keep in touch online or through snail mail or however. Come join him if he ever gets out... I know I sound harsh but this is incredulous. I wish we would reform the whole immigration system.

Inmates that qualify for conjugal visits are those that are "A" or "B" custody (minimum custody levels) and maintain an acceptable level of good behavior. In addition, eligible inmates cannot have a rule violation report (a report that is written after a rule is broken such as fighting, swearing, etc.) in the last 6 months.
Also
Only 6 states Allow any such vsits and they are California, Connecticut, Mississippi, New Mexico, New York, and Washington. If he's not an inmate at one of these 6 then "Conhugal Visiting" is NOT an option.

thank you for your reply. i know it COULD be a problem . but since meanwhile i learned of a lot of women who went through with it (even with death row inmates) - i know that we HAVE to try. and i know that some of them even did take help of immigration lawyers - and finally won through that. if it comes to that - i will do it.
look, it's not that i WANT to go through all of this - all i want is to be with my man. so i have no choice..... if i never would have tried - i would regret this for the rest of my life.
lot of people think people in prison are nothing more than a piece of ###### - worth nothing - without a heart and without a story !
and could it not be possible that he learned better - in 20 years of incarceration?
please also read my post above yours.

This quote was taken from your other post. (the one you linked).
Convicted Felons can be deprived of certain rights for the rest of their lives in the United States.
Convicted Felons- Potential Lost Rights
Furthermore, in the United States a "minor" can be tried as an adult for a crime committed IF the criminal was deemed to be of an age where they were old enough to know better. At 17, sorry, but your fiance falls under the category of being old enough to know better than being a "gang banger" and murdering another person, so yes, he can be tried as an adult.
It might do you A LOT of good to do some research into the United States Justice System. You need to know what you're fighting against if this is what you really want. Your future husband is going to have a hard time finding high paying jobs with his record and he will still lose other rights.
Also, in your other post, you said you wanted to get married and come here before he gets out of prison, so you can work. If you want to work immediately when you get here you need to file for the CR-1..

I know you want to be here soon, so you can visit him...but I just wanted to give you one more option. You could get married now, then apply for your CR-1/IR-1 visa in a couple of years. If you did it this way, then you would get the IR-1 when you came over - and wouldn't have to do the removal of conditions phase (the CR-1 is the IR-1, but because you would have been married for two years, means it wouldn't be conditional). Since he has three years until he gets out, you would still be here in time for his release, and you wouldn't have to pay the $1010 and go through all the paperwork to remove conditions.

I think you would have an easier time proving you are fiances than spouses. The co mingling of a spousal relationship may be harder to pull off with an inmate.

your BEST and probably must successful attempt would be to give it a shot at the I-130. The I-129 is like askin you... if your fiance is locked.. who do u plan to go to the usa to be with. The I-130 is the strongest it seems. So if you insist on being together then the get married and send off the docs...now you'd be at the interview solo tryin to explain to some IO that your hubby has been in jail for the last 7 years. we been married fir 8 months and he should be released in the next 2 years 2 months.

Have you met him, face to face? Valid question if he is in the clink
Meeting in person is a requirement for the I-129F fiance visa
Good luck

Since you can't really be together with your husband, and in light of the sure-fire obstacles when removing conditions 2 years into the marriage, why don't you get married once he's a free man again? I will read your answer like a USCIS immigration officer would, and my response to it will give you valuable feedback on how to proceed.

you you can get married as approved my the prison... however from the eyes of uscis with the huge rock how do you prove to them the relationship was made (official) by con·sum·mating? when you guys dont live together..? You best wait until he is out of prison to file ANY forms.. You can get married yes.. but the period where he was away "locked up" may not do much since a true relationship doesnt exist.
Good Luck

Just some extra information on my case, apparently, I can file a motion to reopen and/or reconsider but not appeal, these motions cannot be filed in person at a field office (info pass appt) Anyway, I had my medical today, I have hypertension but she said that is no big deal and I'm going back Friday to get my blood results, so then I should get my sealed envelope and I'm not leaving the office until I check every line! I had a telephone consultation with a lawyer yesterday and she said that the denial was plain nonsense, I am also seeing a lawyer face to face tomorrow for more advice.
Just some extra information on my case, apparently, I can file a motion to reopen and/or reconsider but not appeal, these motions cannot be filed in person at a field office (info pass appt) Anyway, I had my medical today and I'm going back Friday to get my blood results, so then I should get my sealed envelope and I'm not leaving the office until I check every line! I had a telephone consultation with a lawyer yesterday and she said that the denial was plain nonsense, . I'm still undecided about an info pass appointment, I could not get an appointment until next Wednesday and I could have the motion filed by then....so I am seeing a lawyer face to face tomorrow for more advice

without an I-129F filed prior,
I must assume you two are chasing a tourist visa, paying the MRV fee at BPI.
ustraveldocs.com/ph handles all visa types, ultimately schedule control for Manila IV.
Since you paid for something, can tell us which visa category is on the payment receipt ?

Honestly, I'm not sure about DCF's rejection rate. I did see some approvals before for those who have stayed together in the Philippines for a while. I only have experience with K1.
I do understand that you want it fast and of course to get approved. Also, everyone here understands how difficult to be apart from their love.
But this is how I see the situation realistically:
You want it fast? Yes maybe go for k1 but... co-sponsor we don't know if they will allow... Which could make it longer...
You need a co sponsor? Go for Spousal visa they accept co-sponsor but... It takes more time than K1
You want DCF? It's fast, accept co-sponsors but... needs more time to prove relationship(some couples show joint bank accounts, electric bills in their name... Etc)
Try to weigh things. Maybe some sacrifices need to be made. Whether it's time, distance...
It's just my opinion. I hope it all work out. God bless both of you.

I think you are confused. Living in a country doesn't mean you get citizenship- plus, US citizens do not loose their citizenship when they take another.
I agree DCF is your best option, both for the financial issue and in terms of processing time, it would likely take about the same time, or at least not be much longer than a K1 filed now. You can get married anytime, but those with local experience recommended you get married soon, so you can get the marriage cert and everything needed on the Phils side now, and be ready to file for a CR-1 spousal visa via DCF as soon as he is in the country for 6 months.

in the real world - that's
1 tax year above the 125% poverty line level and a job this year showing current annual income above the 125% thresh-hold,
but
for the PI? at Manila IV? Things 'vary' there. Variances become gospel, info gets bandied about as truth. grrr.

Your K1 was submitted 3 years ago.
Rate of approval change, as I said average approval time is about 13 days to 2 months for PHilippines
I have watched approval times for Philippines off and on since 2007. They fluctuate, but in general they are fast compared to other countries

That's what I'm wondering, you can't pay the interview unless you have a case number from NVC which you can't get until after you've gotten approval from USCIS, which you can't get unless you file a petition, which they haven't done.
Something's fishy with this person...asking a million questions about the fastest way to get to the U.S.

I got the vice versa backwards regarding the biometrics, ....but as a peitioner, he would need to go to the interview with her. Thats part of the whole process in proving marital status. I think this one is going to be hard to prove as being a bonafied marriage. We are all aware that when we go through and prepare for the interview process, certain evidences have to be obtained. Joint accounts, credit cards, bank, etc, leases, mortgage or rent, insurances, pictures proving ongoing relationship HAVE to be supplied. If the petitioner is in prison, and can't supply any of these evidences, how can this be a bonafied marriage "in the eyes of uscis"... (note: I did not say in the eyes of of peers, man or God. ) I said in the eyes of uscis which is a "Completely" different thing.

When did a petitioner ever have to do biometrics? My wife went to the US on a K-1 visa and now has a 10 year GC...I never once did biometrics or went to an interview.

Forget being judgmental, why in the world would a man in prison be allowed to bring someone here? He can't support himself, much less another person. And why would a person come here to marry a person in prison? Judgment or not, this defies reality....just sayin... As an American taxpayer, I think I have a right to comment on this one....

Unless things have changed... say they file the k1 and they're approved... after she comes over here and files for AOS, biometrics will need to be done (but he can't because he's in prison), then there's the interview, but he can't attend that either because (he's in prison).... Have i missed anything folks? So HOW is this going to work? You might say we here do not know anything... but one one hand we have one petitioning from prison and the second coming in from (i forgot where already. .. africa? ) Nevertheless, prisons are just as much high fraud as high fraud countries. You have a bunch of desperate lonely inmates with limited computer access. And many inmates (if all) in there are trying to find a sympathetic ear or trying to find someone to take advantage of. Its a cycle. I dont know how you met... but I'd be extremely cautious. He's there for a reason.

It can also hurt on the interview to an extent. There was a recent canadian interview where a guy had 18 court cases, and she found out about it AT the interview and even though they still got approved, it was pretty scrutinized to where the interviewer seemed to convince the fiance it wasn't a good idea to marry the guy lol.

Now with this being south african consulate, I imagine that it would be scrutinized a lot harder than just a "maybe you shouldn't marry him". I'd say any jail time could hurt the case in general, so she should be prepared 100% to make a convincing case.

Make sure that your fiance has prepared ALL court files.

Also, I'm more so curious about proof of domicile, and how that will be proven.