meowmeow

If it will make the process easier, then I'm more than happy to wait two years or longer. The only thing I'm worried about is the possibility I'll wait all these years and still be denied. But if there's a chance, I'll take it. Our ways of proving our relationship are limited but I still have binders full of letters, pictures, and also documentation of our phone calls (he calls me on a daily basis). But I'm still worried they won't want to let me in because of his situation. His grandmother is a very kind woman and she trusts in our relationship. She has known me for many years. The only problem is her financial struggles. She's already in debt and she's over 80 years old. I do not want to give her more reasons to worry at this time. That's why I want to work harder. I already have stocks in the bank and I hope to see a significant increase in time.

I would honestly never stay in the US without consent. But I could see why the CBP may be suspicious. I hope I do not have any problems with visiting in the future...

Thank you all again for this useful information. I apologize for being easily confused but I'm very new to this and I'm just starting to familiarize myself with the process. I have printed out many forms and carefully read through them but I still have a few questions.

I am aware he (the USC) will need to file form I-130. In the general instructions of this form, it reads "What Documents Do You Need to Show That You Are a U.S. Citizen?" My question is whether or not one document (he was born in the US and has a copy of his birth certificate) will be sufficient. The 6th point reads "if you do not have any of the above documents..." which leads me to believe he may not require a passport. I hope someone will be able to help me with this.

Next question is about proving my family relationship. We will have a copy of our marriage certificate (mailed to him) and neither of us were previously married before so there's no outstanding documents. I am still worried about the passport-style photograph because it states "photos must have a white background and be glossy unretouched." Though he will be able to have a picture taken, I do not believe he'll be able to have anything resembling a passport photograph. Normally there is a painted wall which he must stand up against. If by chance he's able to have his photo taken by a white wall, would that count as a "white background"? Also would cropping the photo to fit the required dimensions count as "retouching" the photograph?

Now that I've read the form more carefully, I see there's more than one option for presenting documentation of our relationship, meaning I won't have to show joint ownership of property etc. If he has documentation of when I've sent him money and when he's sent me money, does this count as "co-mingling financial resources"? If not, our other option is an affidavit. But what does it mean to have affidavits "sworn to or affirmed by third parties"? Also we have stamped letters and pictures from visits etc. to confirm our relationship. Would this be considered relevant documentation?

Thank you for taking the time to consider my questions. My last point is that I won't be able to wait until he is released because I'm not sure when he will be released (he has a new sentencing), but his charge (robbery) could result in a very lengthy sentence. Though it happened over 10 years ago, the status is still pending. As previously mentioned, it is a serious charge which is why I worried he wouldn't be eligible to apply. The only reason why I am interested in moving to the US is to make it easier for us because this is already a very difficult situation to begin with. But both of us are more than willing to answer any questions asked in interviews. Also I have no reason to move from Canada to the US other than to be with him. I'm in university, employed, etc. so hopefully this will be relevant information in the interview process. Does anyone know where the interview process will take place if he is incarcerated?

The reason why I am trying to find out all I can about this process is there IS a way for this to happen. I know of someone from the UK who immigrated to the US to be with her incarcerated husband and he has a life sentence! Unfortunately I have not been able to contact her as she has not been active in the forum since April. But in one of her posts, she said it was a very difficult process but "miracles do happen." I'm willing to do everything I can in order to make this work. But something tells me I will need to hire an immigration lawyer which might cut into the $55,000 I'm supposed to be saving I will also be contacting his grandmother to see if she could help in this situation. Again, thank you for all your helpful advice! I really appreciate your kindness and I'm so happy I've found a forum with people this well-informed.

I'm so confused. Then there's no liquid assets which qualify for the CR-1? He won't be out of prison for a long time... but I won't know the exact date until his new sentencing. And I'm reading the instructions for the I-130 and I don't know how he's going to prove our family relationship because it's not like he can go out and get a passport picture. I don't even think he has a passport. He has a birth certificate, and we'd have a marriage license but how are we supposed to prove joint custody ect. in this situation?

Thank you all for you replies. You have been so helpful!

The problem with cosponsorship is that he's not in contact with many of his family members. The only person who would be willing to sponsor me at this point would be his grandmother and she is retired so I don't think she would be eligible. He's been incarcerated for over 10 years so he has really lost contact with most of his friends and family. Other than her, I do not know anyone from the US who would be willing to cosponsor me, especially because of the situation. Will a cosponsor need to be present for the interviews or are they involved only in the paperwork? Also is a cosponsor able to back out under a particular circumstance (say I'm not able to fulfill my duties as a permanent resident) or can they back out for any reason? The reason why I'm hesitant to consider a cosponsor is because I'm afraid it will be asking too much from them (if they have to go to the interviews etc.) or that they will change their mind (for any reason).

I do not completely understand the concept of liquid assets. Does that mean I can work here in Canada until I have $55,000 USD in my account and then apply for the CR1? And if I'm approved and I'm able to move to the US, will I need to find a job right away? Is there a level of income that I'm expected to meet every year? Or do the assets enable me to search for a job at a later date?

Thank you for your replies! I don't think sponsorship is an option for us but if I'm able to marry him as a Canadian citizen visiting the US, I would be more than happy to return to Canada and file a K-3 rather than a K-1. I hope then I will be able to self-sponsor. However, I will have to do my research... this whole time I thought I'd have to apply for a K-1 as I didn't know whether or not Canadians could marry Americans as a visitor. I guess I'll have to move to the K3 forum!

Though I do not have any previous felonies, I worry his crime will stop him from petitioning. It is not a sex crime but it still a serious charge, and though it happened nearly 10 years ago... I imagine such charges will not be overlooked.

Hello! I am a Canadian citizen who is trying to see whether or not I'd be able to live in the US if my fiance is currently incarcerated. Because he does not have an income, he wouldn't be able to sponsor me, and unfortunately he's not in contact with any of his family members or old friends. Is there any way around the sponsorship? For instance, if I have a certain amount saved up? Or could non-US citizens such as my family be sponsors? Someone told me this was possible if I'm from Canada but I can't seem to find any information on whether or not this is true. I really hope someone will be able to help me with this. Thank you

Oh and before I go, does anyone know which crimes exempt you from applying and if you are exempt, is there a time when you'll be able to apply?