Sd.10

6 minutes ago, Chocobo said:

While I want to make several comments in terms of the relationship, you didn't ask for relationship advice, just advice regarding the visa/immigration process... 

 

Honestly, with what he's dealing with in terms of the legal stuff with the military, I would strongly encourage you getting an attorney involved to look over your fiancee's case, how it impacts a future marriage, immigration, etc., and make sure that YOU know what the steps and long lasting repercussions will be for YOU.  You can meet with an attorney while your fiancee is in jail and they can advise you of your next steps.  Do not rush into this.

Thank you for your advice, I think we’ll do that, it might help with this situation. I appreciate the part where you avoided to give me relationship advice, as I said above, I can think and I know what I’m putting myself through I only needed to know if someone went through something similar and could help me out with the process. Thank you again! 

7 minutes ago, little immigrant said:

OMG and you believe that? 

I am an adult with a thinking brain, I know which consequences I might face, there hasn’t been one day that I haven’t researched or tried to get to know everything I need to. So why would I stress over something that’s bigger than me if I wasn’t sure about the person I want to spend my life with? ... it’s easy to judge from the outside. If I’m putting myself through this I have a perfect good reason to. 

13 minutes ago, John & Rose said:

That is good.  I would still expect a long process.  No reason to rush through this.  He can't file until he can establish domicile in the US anyway.  Filing before that can slow or stop the process.

Yes maybe I’ll tell him we should better wait till he gets out to submit forms.   do you recommend hiring a lawyer to go through USCIS investigations? I’m assuming there will be a lot. And how much would that be? 

1 minute ago, Ben&Zian said:

 

We all know about waiting and being apart trust us.

 

Bad conduct is definately better than dishonorable but still not good. Obviously having I'm guessing family hook him up with work is a plus, but any future endeavors some employers wouldn't even consider him an option. I'be heard some who literally won't accept anything except honorable as they just see baggage, plus then him having to reveal why he got that discharge type just would make it worse. 

 

We just say take the time as a precaution. The choice is totally yours and yours alone as to what to do.

Of course, thank you for your help. I was only asking if it’s possible to make it through these “bumps” and if it’s possible for him to submit forms while at confinement, I’m of course speaking on his behalf too. we really didn’t get that lucky as we thought we would be 

4 minutes ago, John & Rose said:

If he ends up on the US Sex Offenders List it will impact your petition.  Do you know if that was part of his sentence?  There have been a couple others that are going through this now.  At the very least there will be additional checks done on him.  The petition will end up in Vermont and they are very thorough with their investigation.  It is rare that a registered sex offender will make it through USCIS checks.  It is possible but they take sex offenses very seriously.  

 

Check to see if his name is here:

 

https://www.nsopw.gov/en/search/verification/

His name is not in there. I was at this trial date, and they didn’t mention him being registered as a sex offender, he only got confinement and bad conduct discharge 

1 minute ago, Ben&Zian said:

Got you now, that timeline of events helps clear up some stuff then...

 

While you can marry, think a lot here will tell you to wait. Let him get state side and settle then pursue this all. Take the time. I assume, as he wa stationed there, he will be dishonorably discharged from the service. That can have a huge impact on future employment opportunities plus having a conviction for a sex assault/crime can only hinder his opportunities more. 

 

Don't just rush into it all because of the distance or anything.

He will get a bad conduct discharge which is not considered a crime and it’s still better than a dishonorable one, and he won’t get registered as a sex offender. Unfortunately I had to make sure of these things before I got to this decision. Plus, I’m in contact with his family and he would already have a job when he gets out. We are kind of in a rush because the fact we’ll have to wait to be together 8-10 months for his confinement is already so hard, and further time would only make it worse. I know you might think I’m crazy but the situation is not as bad as the law makes it seem like. 

2 minutes ago, geowrian said:

It's possible to proceed crime-wise then, but do expect scrutiny and to know the details as they could ask about it. And yes, don't rush anything.

Does “proceeding crime wise” mean that he can start submitting forms from the prison? Or is it a whole process that we might have to do once he gets out? 

Just now, Ben&Zian said:

 

You need to make sure exactly what kind of sexual assault crime it was because this is one of the worst type of crimes in sense of people trying to petition for foreign fiances/spouses. 

 

Honestly you can do the proxy marriage but why rush it? Mean, if you two are dating and he committed a sexual assault crime on someone else.... kind of see where I'm going with this whole thing?

I get where you come from and I’d be the same if heard this from someone else. This happened before we started dating, but he had the trial almost a year later and it’s kind of more complicated than that. It wasn’t really fully his fault. He got convicted for sex with no consense, something like that. Excuse my not proper English 

Just now, geowrian said:

Was the victim underage?

If so, this is likely a very significant issue (AWA crime).

Just now, geowrian said:

Was the victim underage?

If so, this is likely a very significant issue (AWA crime).

No, she wasn’t. 

1 minute ago, Ben&Zian said:

He as the US citizen has to submit the forms, not you. Also, what type of crime was he charged with? This fact could hinder the whole thing honestly not just in sense of the visa but just his own ability to be stable again state side.

He was charged with a specification of sexual asshault. So regardless of where he is, there’s no exceptions for cases like this? Also, would he be able to do it while he’s at confinement? 

1 minute ago, geowrian said:

For a proxy marriage to be considered valid for US immigration purposes, the marriage must be consummated after the marriage. By "consummate", they mean meeting in person (not necessarily anything sexual...they won't go into that). There is no way around this requirement...you have to meet in person. I'm not sure how military prisons work there, but you need to arrange a way to meet in person.

Thank you for your response. And how do I get proof of that? Would the prison visit documents be valid as a proof? 

Good evening to everyone. Me and my fiancé are willing to get married through proxy. He’s been stationed overseas here in Italy, unfortunately he got in trouble and he is now in a confinement facility in Germany while I stayed here (I am an italian citizen). I’ve done some research and it’s actually possible to go through the proxy marriage process even though he’s at confinement. There’s only one problem. What’s going to happen after we get our marriage license? How do I submit the forms to get a visa? I’ve read the proxy marriage has to be consumed, but he’s in a military prison so that’s pretty much impossible. And he won’t be able to submit or request documents due to his confinement. He’s going to be convicted for 8-10 more months, and once he gets out they’re sending him in the states. Does anyone know what I should do?