Hello,

Wondering if anyone could help with this or has heard of any resources I can use.

To cut a very long and painful story short I will try to be as brief as possible.

I have been writing and visiting my now fiancé for 3 years (I have all proof of letters)
He is released in May 2005 at which time I want to file for US residency to be with him.

We have just been approved to marry but I’m getting a lot of people with the warning signs come out.

Spoke to a US Immigration Attorney who has told me NOT to get married until I get a K1 Fiancée Visa, BUT this has to be filed in the US, what I don’t understand is I have been told that to qualify as it where for coming into the US on this Visa my fiancé MUST get a pardon for the crimes he has committed and prove he earns a certain amount of income within the last three years. How is this possible?

Has anyone experienced or heard of this and if anyone has any advice I would really appreciate it I’m at a total loss. Anyone know of a loophole?

This is indeed a pedestrian view of this ....disclaimer.... I am going to move this to the immigration forum because that is travelled by folks who'd know better what the terms, deals, and alternate means might be. If that doesn't work for you, PM and I'll sniff around a bit.. Immigration Law isn't my strongsuit, and I know it's a very liquid thing because homeland security things have compounded stuff lately and what I might find out in an agency site, could be not accurate.

It seems that there has got to be some other purpose for your coming here beyond getting married, or getting here to enjoy being actually married once he is out.

If the express purpose of your trip here is to marry I could see where the Immigration folks would take an odd view of a felon courting outside the country. Seems they've got a bit of red tape and policies to discourage that.

For a hot minute,... imagine the nightmare for Immigration if every penpalling felon in 50 states and a lode of Fed facilities started vending their citizenship via marriage. I know it seems ridiculous, but just imagine if the person has absolutely nothing to offer but marriage to an American citizen (such as one can be in a prison)..

What do you suppose the going rate would be for this? Some bright person somewhere might have already done it. 10-25K for marriage? How many would do it for canteen money next month? Odd thought over my coffee.

I realize that you are being meticulous about the keeping of the letters and whatnot,..as if you'd need proof of a prior relationship for someone at sometime...---

Where the "we have just been approved to be married' thing is in your post.-- is THAT where you needed proof of your ongoing relationship? I know that in most facilities the Warden or superintendent of the facility has discretion about who marries who inside there... And that in some places (KY for sure) the Warden actually must sign the marriage application FOR the inmate.,--- Prisoners being wards of the state cannot enter into legal contracts while in custody. That's why the Warden gets a say in the deal and has to participate in application for a Marriage License/Certificate...

So... with that 'been approved'.. Has the warden agreed to it,.. has the facility had you jump through some sort of review and/or therapy flaming hoop? Have you seen the forum on prison marriages here?

Seems you know how to get here as a visitor... Might I suggest that you get a job here and think Work Visa?

life2thesequel

Thanks for replying, yes we have been approved by the prison to marry, all I know is that it need to be authorised by 4 people at the prison, Im unaware of who they are but my fiance received the form to sign which date we wanted and it was done (it took around 4 months)

My problem is I have every intention of working full time when I get to the states although I don’t have a specific trade, but I have worked in recruitment for over 5 years in London so my experience is good.

I’m at a total loss now because I understand what your saying I can see how it would look to the US authorities although all I want to do is be with this man.

To get a working visa for just 6 months in the US is virtually impossible they do offer overseas people a chance to work for 6 months in summer camps but apart from that I’m sure it is a case of sponsorship by a company and that’s all on offer.

I’m at a loss I have a dreadful feeling that we will not be able to be together.

Aww....Breathe Sister...Breathe..

It's not over yet.

Give this a bit of time in this Forum...
Give our man TEB a chance to see it.

He's Mr Canadian Recruitment/staffing.

Have a cup o' tea and relax for a minute.

Thanks! I am trying but I think Im fighting a loosing battle!
Does anyone know anyone that has got residency this way, I understand he is incarcerated but he is still human!

Joanna, I have to say this, but I don't mean to hurt you by saying it. If I were you, I'd wait and let your fiance come out of prison, get a job and establish himself before coming over here. The idea of leaving England to come to a country so far away to be with someone who is still in prison just isn't a sound idea. The American job market is shaky right now, so you could find yourself over here without a job and no way to go back home. Plus, if the relationship fails---------and so many times they do once the guy gets out-----you'd be here in America a long way from home and possibly not able to go back to England if you wanted to. Marrying a man who is in prison is taking chances even if you live in the same country, but I can't even imagine moving to a foreign country on that chance. If you love each other and it's meant to be, you'll still have your life together by waiting till he comes out, gets a job, and gets solidly on his feet. In fact, it will give you a more secure future that way, rather than setting it up for failure.

From what I know it will be very hard for you to get a K-1 visa with him incarcerated. You have a few options...do you know anyone else in the states who can sponor you? You can go through them. You can get a work visa or a student visa but ose are both hard to obtain as well with the ecomony as it stands right now. Your other option is to come here for 6 months at a time as a visitor. Being from England you do not need a visitors visa, however, you would have to have the finances to live here for 6 months at a time with out a job...that of course is a problem. I suggest that you apply for a regular visa, no fiance etc. Just as an individual wanting to come to the US. your application will be put into a lottery and then once selected you can come here on your own. This process does take time aswell. Depending on how many people apply from your native country will determine how long it will take. I hate to tell you these are your only options but I do not want to give you any false hope. The only option left wait the three years after his release for him to be established. Again my suggestion is for you to either find someone else to sponsor you or file on your own behalf. Please if you have any other questions ask away, I will do my best to respond.

Joanna,

One of your best options is to get yourself a job in London with an international staffing firm - Adecco, Manpower, Spherion - one of the majors that is in the USA as well. Get settled with them and ask them for a transfer to the United States. Don't tell them that this is your intent on applying for the position, but I know that most of these companies do move people around... This is a good option to work towards... If you can set yourself up with a company that does business globally then you are in a better position to be moved by your company - this way they take care of all the paperwork, sponsorship, etc... give this some thought.

Teb, That's a great idea and may be the fastest way. Usually global co. have a team or attorney's who deal with nothing but these issues.

Thanks everyone for your good advice. I will try everything I can at the moment and I think maybe sponsorship is the way to go.
I can have a holiday visa for 90 days so I will go out to the states for that time when he is released, see how it goes and then do some looking around especially with the INS where his home town is maybe I can get some answers and possibly an interview.

Guys thanks again!