Jill Mackie

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

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.

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

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

read through my thread , it should help you .
 
 

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 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.
 
 

In the US and I am here already 

You're most welcome! I think the problem probably comes from the fact that Field Offices are responsible for the approval/denial of the cases, and most of them probably don't know how to handle cases like ours. That's why it can become so complicated, but now we know that everything worked out for a couple of people, so it shows that it's doable in the end, and more importantly that the law is on our side 😃

That's great news , I have been doing some research and reached out to a woman in the UK who's husband is on death row in North Carolina , she also received her 10 year green card and her attorney told her they cannot discriminate because you have a husband on death row or in prison as long as you can prove a valid marriage and back it up with years of evidence you should be fine. Your case is also proof and can now be used as an example should a problem about eligibility because of a spouse in prison comes up. I'm very happy for you and thank you for sharing your story for all those like us who have husbands in prison .

Oh yes, this deserves a drink for sure!! 😂 There are some reasonable people, yes. Now I still was discriminated against twice for having a husband in prison and that's not right. But the good news is that the law is on our side, whether they like it or not!!!! 

There's no reason it shouldn't be approved for you too!!! Thank you 😁 

I just wanted to let you know that I just received my 10-year green card!!! 🎉😁 I still don't know what happened, my attorney wanted to make sure I had it before calling LOL But he believes that the Director of the field office (who is very involved in the approval/denial of cases) must have taken a look at it and probably saw that they had no reason whatsoever to not give it to me! 😊 Just thought I'd share the news with you, so other prison wives can relax; it is definitely doable... if you're willing to jump through their hoops lol 😅

He has, yes, but he's as confused as I am and wants to wait & see if I do get the green card in the end!
 
But last night, I had a new update in my case- Post Decision Activity / On July 29, 2021, we approved your Form I751, PETITION TO REMOVE CONDITIONS ON RESIDENCE, Receipt Number XXXXXXXXXXXXXXXXX. We sent you an approval notice. Please follow the instructions in the notice. If you do not receive your approval notice by August 13, 2021, please go to www.uscis.gov/e-request. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.
 
So.... it's looking good so far I guess?!

Little weird update with my case lol
 
This morning I had an email saying that my 10-year GC was... in production????? So, I'm super confused. They sent me an RFE and we decided to play for time and not answer it immediately. It has been a month since they requested the new evidence, and today my case got updated for "Card/Document Production". At this point I really don't know what to think anymore. Just wanted to share here!!!
 
 

@USC4SPOUSE THANK YOU SO MUCH !!💗

@Jill Mackie
Pulled up my husband's I-485. Here you go. 
This is what we included:
G-1145 e-Notification of application Petition acceptance. Cashiers check in the amount of $ 2 passport style photons (beneficiary) Completed and Signed Form I-485 (Application to register Permanent Residence or Adjust status. Photocopy of passport Identity page (beneficiary) Photocopy of Original Birth certificate from Malaysia. (Beneficiary) Certified Translation of the Birth Certificate (beneficiary) Photocopy of passport page with admission tamp and nonimmigrant visa (beneficiary) Photocopy of I-94 Photocopy of Marriage Certificate Photocopy of Certified copy of final judgement of Dissolution of marriage between Petitioner and Former Spouse.  Completed and Signed form I-864 Affidavit of support.   

Yes, the i-130a was included in my online i-130 application . Yes please I would be so grateful for the list of what you sent . Thank you so much
Thank you so much , I appreciate your help .

There is no substitute for going through the I-485 instructions to make sure you do not miss anything.
 https://www.uscis.gov/sites/default/files/document/forms/i-485instr.pdf The instructions go through each section, question by question. 
The I-485 and I-864 go together. 
You do not need to print all the evidence of bona fide marriage you submitted with the I-130.  
I believe there may be some overlap with Birth certificates, marriage certificate, etc. If there is, include them.

@Jill Mackiedont forget to include forms 130a, I-131 and I-765. Do you know what these are?
Also, would it help you if I gave you a list of Things we sent for relationship evidence? Not to brag, but our interview was waived because they liked what they saw!

I found a thread in ***removed*** with somebody that is in your same situation, or similar at least. I hope you can see it! https://www.***removed***/experiences/post/Spouse-in-jail-340993/

An approved petition and an approved visa are very different things.

Each visa approval is based on the totality of circumstances presented at the interview.  Many reasons that visas are denied aside from 'real marriages'.
 
Best of luck

Thank you so much , I appreciate the support , I just worry that should they deny me just for that reason how am I going to fight this , I can't afford an attorney right and that's my biggest fear 😭

Hi Jill,
I’m sorry that you’re feeling that way. But also, @mattelo experience was their experience. I’m not downgrading it, I’m just saying that every case is unique and different, and every officer is unique too. Maybe the officer handling your case is understanding and knowledgeable of your situation and you’ll have no problem. Or maybe not, but you do have a small crowd cheering for you here (at least I am cheering for you!) 
So you go girl. With your head held high, go and get your forms done and it will be good!

I love that!!!! That’s being well- rounded and well- prepared!