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  #26  
Old 03-23-2016, 01:50 AM
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Originally Posted by iamnikki View Post
Lovebirds, I have just been looking at the Visajourney website and some person on there stated your fiancee / husband is the only person who can sponsor you or a member of his family . I dont understand I thought as long as you have a sponsor it shouldnt matter. Can you or someone please explain. Also someone else was asking about her husband on death row , are death row inmates allowed to petition if the crime was murder?
iamnikki -

1) As others have somewhat stated that's incorrect. Your fiancee/husband is the only one that can file a petition for you but when it comes to sponsoring (in terms of the financial aspect) someone else can providing they are an American citizen. How much they need to earn is dependant on how many people live in their house etc

2) In terms of how his record can impact your application, as recommended Adam Walsh Act needs to be looked into but I also recommend IMBRA laws as well

3) You do not get contact visits is that correct? Does the prison even allow weddings? As Proxy's do not count. Not trying to be debbie downer, but you may have a really hard time (not saying impossible) trying to apply. A lot of people get stuck in limbo land when applying and appealing
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  #27  
Old 04-04-2016, 04:45 AM
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So tomorrow I move to the US. Excited and SUPER nervous. Scared that they will stop me at the border and cancel my visa. :rolleyes I'll let you guys know in a couple of days how it went. Keep your fingers crossed for us.
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  #28  
Old 04-04-2016, 05:45 AM
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So tomorrow I move to the US. Excited and SUPER nervous. Scared that they will stop me at the border and cancel my visa. :rolleyes I'll let you guys know in a couple of days how it went. Keep your fingers crossed for us.
I am so happy for you as I know it's been a journey for you. I wish you every happiness and want to say thank you for putting the information on here in a way that is easy to understand
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  #29  
Old 04-05-2016, 12:09 AM
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Awesome news Wish you both the best of luck
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  #30  
Old 04-07-2016, 05:27 AM
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So I'm now in the US and I'm officially a US permanent resident, yayyy. 😃 Turns out I had nothing to worry about with the border because they didn't ask me a single question. They just took my visa package (a sealed envelope that you're supposed to hand over to customs when you immigrate, which has your entire case in it from the petition to the interviewer's comments). Then they did the usual picture and scanning of my fingerprints and passport. The officer looked at his computer screen and said "wow you've visited a lot, must be nice to finally move over", stamped my immigration visa to endorse it and told me I'm now officially a permanent resident and welcome to America. 😃 The whole customs and immigration thing took like 5 minutes, the fastest it's ever been.

Good luck to all of currently going through your visa journey or thinking about starting it. It can be a long road but it's definitely worth it.
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  #31  
Old 04-19-2016, 12:07 PM
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Congratulations!! And thank you so much for this precious information!!

If I may ask, what made you choose the spousal visa rather than the fiancée visa? Did it seem more appropriate?
While you were waiting for your visa, were you able to visit your husband with a tourism visa (or ESTA)? I heard than some persons had problems to be allowed in the U.S.A. because they thought they would want to stay illegaly! It's my main fear!
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  #32  
Old 04-19-2016, 01:01 PM
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Originally Posted by DameGrenouille
Congratulations!! And thank you so much for this precious information!! If I may ask, what made you choose the spousal visa rather than the fiancée visa? Did it seem more appropriate? While you were waiting for your visa, were you able to visit your husband with a tourism visa (or ESTA)? I heard than some persons had problems to be allowed in the U.S.A. because they thought they would want to stay illegaly! It's my main fear!
There are two things that make the spousal visa better for us with a spouse in prison. Number 1 is that you can work as soon as you enter the US, whereas if you do the fiancé visa you have to wait till you get your work authorization which can take months to get. Number 2 is that on the spousal visa, regardless of your spouse's crimes, you don't have to mention convictions or attach court papers or anything like that.

Yes you can visit throughout the visa process. CBP can't even see that you're in the visa process until towards the end, when you submit the actual visa application with your passport number.
There's always a small risk when visiting a boyfriend/fiancé/husband but it doesn't increase once you're in the visa process, I would rather think the opposite. If you visit while in the visa process, you can show that you're trying to legally immigrate to the US as oppose to entering and adjusting status. But as always, you should bring strong ties to your home country just in case CBP questions your motives.

Are you planning to immigrate to the US too? I was just visiting my husband this past weekend. Our first visit since I immigrated and it felt soooooo good to see him and knowing I can come see him real soon again without traveling for a day and dealing with jetlag.
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  #33  
Old 04-19-2016, 01:10 PM
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Thank you!! I didn't know they asked about convictions for the fiancée visa and not for the spouse one!
Yes I plan to immigrate too, around the end of 2018 if possible. We just decided to get married, so I would like to choose the good options since the beginning!
Did you have an attorney to help you or did you do the entire process alone?
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  #34  
Old 04-23-2016, 07:32 AM
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Originally Posted by DameGrenouille
Thank you!! I didn't know they asked about convictions for the fiancée visa and not for the spouse one! Yes I plan to immigrate too, around the end of 2018 if possible. We just decided to get married, so I would like to choose the good options since the beginning! Did you have an attorney to help you or did you do the entire process alone?
It depends on the crime, but they do for a lot of crimes. Plus if you immigrate on the fiancé visa, you have to adjust status and that includes providing bona fida evidence of your relationship. It's gonna be difficult to justify being in a relationship but not living on the same address in the US. As far as I could find out from INA (current US immigration law), having a spouse in prison doesn't count as involuntary separation, as crazy as that sounds.

No, we did it all by ourselves. I say we, because we're a team, but really, I did everything and then he just had to sign the paperwork. You have to really read up on the process and in our case, we got stuck at NVC for no apparent reason, which meant even more stress and work, including requesting help from our Senator.
It's a lot of work, especially since you have to do the whole process yourself and from halfway around the world. I'm sure there will be times when you'll freak out from all the stress and paperwork, but trust me, it's all gonna be worth it in the end.
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  #35  
Old 04-29-2016, 02:48 PM
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Hi I have been so scared to start this process but he goes parole in 2018 so I need to get my ass in gear, I wantedcto ask you wevmarried in 2007 and we also now have a daughter together but I also have a 17 yr old myself, I'm concerned about the sponsor stuff as his much would a sponsor need to earn for the 3 of us??? I had to stay in UK until closer to his coming home as my daughter was in her last year's of school, she now also wants to go to uni in USA so I really don't no the best route for us plus since I have his daughter isn't she entitled to dual citizenship anyway?? His family are obviously willing to help but I really don't no were to start x thanks
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Old 04-29-2016, 03:19 PM
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Find out if your daughter is eligible for US Citizenship, and what you need to do to obtain it. I don't know the answers to any of your other questions, but I hope you receive some from folks who do.
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  #37  
Old 04-30-2016, 07:13 PM
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Hi I have been so scared to start this process but he goes parole in 2018 so I need to get my ass in gear, I wantedcto ask you wevmarried in 2007 and we also now have a daughter together but I also have a 17 yr old myself, I'm concerned about the sponsor stuff as his much would a sponsor need to earn for the 3 of us??? I had to stay in UK until closer to his coming home as my daughter was in her last year's of school, she now also wants to go to uni in USA so I really don't no the best route for us plus since I have his daughter isn't she entitled to dual citizenship anyway?? His family are obviously willing to help but I really don't no were to start x thanks
There's something called CRBA for kids of US citizens born abroad. I don't know much about it but you should be able to find the information you need on the US embassy's website in London. Basically, you file an application for your kid to get US citizenship based on one parent being a US citizen. The application is filed in the country of residence. Some US embassies require a DNA test, some don't. It depends on the country.

The financial requirements for a household of three is $25,200 and for four people it's $30,375. Below is a link to USCIS' federal poverty guidelines:

https://www.uscis.gov/sites/default/...orm/i-864p.pdf

I think your husband will have to do two i-864, one for you and one for your daughter (his stepchild) and I believe your household for immigration purposes would be a household of three on the i-864 for you but a household of four for the i-864 for your daughter. But you're gonna want to double check that.
So if you wait until your husband's released, he'll need a salary of $30,375 to sponsor you both. If you're planning on using a joint sponsor that person would count his/her household plus you and your daughter.

Hope this helps.
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  #38  
Old 05-02-2016, 06:58 AM
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So if you wait until your husband's released, he'll need a salary of $30,375 to sponsor you both. If you're planning on using a joint sponsor that person would count his/her household plus you and your daughter.
Correct me if I'm wrong but wouldn't the husband need to show stable U.S. earnings, not just qualified level of earnings, in order to be an eligible sponsor without anyone else co-sponsoring ? I got the impression from an immigration attorney that the American spouse needs to have a recent work history of at least three years to show stable employment - so landing a well paying job fresh out of prison doesn't really help; in this case you'd need a joint sponsor. Maybe I got it wrong but that's how I understood it (would be great if I were wrong though )

Congratulations on your successful immigration process and for your recent move, that is amazing !
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Old 05-02-2016, 10:06 AM
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Correct me if I'm wrong but wouldn't the husband need to show stable U.S. earnings, not just qualified level of earnings, in order to be an eligible sponsor without anyone else co-sponsoring ? I got the impression from an immigration attorney that the American spouse needs to have a recent work history of at least three years to show stable employment - so landing a well paying job fresh out of prison doesn't really help; in this case you'd need a joint sponsor. Maybe I got it wrong but that's how I understood it (would be great if I were wrong though )

Congratulations on your successful immigration process and for your recent move, that is amazing !
Thanks. Yes, it's so nice to finally have the process over and done with and to be settled in the US.

So when it comes to lawyers, you have to be really careful. They'll take your money but many of them don't know what they're talking about. I'm also on a visa forum and there are so many stories on there about lawyers giving the wrong information. E.g. I've heard from a couple of others who were told by lawyers that they can't immigrate while their spouse is still in prison, which is obviously not true.

When it comes to the financial responsibility part of the visa process, on the i-864 (which is the financial sponsor form) there is a part asking about the three recent IRS transcripts. If the sponsor haven't been required to file a tax return for some or all of those three years, they just attach a letter instead explaining why they've been exempt from filing taxes in the US for those years (edit: such as being in prison and not having had a salary). The sponsor will then have to enclose a letter from his employer specifying type of employment, annual salary etc as well as any pay stubs the sponsor has already received.
Like with everything else in the visa process, it's very much up to the US embassy and the officer handling the interview what will be accepted. I know that the US embassy in Sweden has up until now accepted just the employment letter as proof of salary whereas some of the tougher embassies, like the crazy one in Ghana, can deny even though there's three years worth of IRS transcript showing above the federal limit.

So here's how it is. If the foreign spouse lives in Europe, Japan, Australia, New Zealand.... Basically any of the Visa Waiver countries except for Canada, then the visa interview is most likely gonna be very smooth, as long as the minimum requirements have been met. When it comes to Canada, well it used to be an easy embassy but I guess they have a new person in charge of security up there because we're seeing a lot of added security checks coming out of Canada, and they have gotten a lot tougher too.

If the foreign spouse lives in e.g. Ghana, Nigeria, India and Pakistan, you should try and move somewhere else first (as a legal resident) before applying for the visa because the embassies in those countries are EXTREMELY tough. I've heard stories from these countries where the US citizen has even flown over to be present for the interview and they still get denied. So in any of these countries, the bare minimum will be three years of IRS transcripts with a salary well above the federal minimum.

It's definitely not fair how the process and requirements vary so much from embassy to embassy but that's because the officer conducting the visa interview has a lot of authority over the decision.
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Last edited by Lovebirds; 05-02-2016 at 10:10 AM..
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  #40  
Old 05-02-2016, 10:32 AM
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Thank you SO much Lovebirds - that was very informative as well as somewhat comforting....I'm nowhere near to marrying my guy at this point (who knows if we ever get there) but I like to do my research & homework. Definitely will keep this in mind i.e. not to blindly trust immigration lawyers without questioning things myself. I am from a very 'low risk' Visa waiver country in Northern Europe... and have lived in the U.S. legally before (work Visas) so some of the regulations are familiar...but it can be very complicated as you know

Thanks again, much appreciated
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Old 05-04-2016, 04:22 PM
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Thank you SO much Lovebirds - that was very informative as well as somewhat comforting....I'm nowhere near to marrying my guy at this point (who knows if we ever get there) but I like to do my research & homework. Definitely will keep this in mind i.e. not to blindly trust immigration lawyers without questioning things myself. I am from a very 'low risk' Visa waiver country in Northern Europe... and have lived in the U.S. legally before (work Visas) so some of the regulations are familiar...but it can be very complicated as you know

Thanks again, much appreciated
Then you already have a SSN and probably a credit score too, that makes life so much easier. I think that was the biggest hurdle moving to the US, not having a credit score in the US. It makes it very difficult to get auto loans and credit cards and stuff and of course you don't have your husband to help you out and co-sign, because he's in prison. What really helped me, and I didn't know it at the time, but because I had an account with Bank of America for years before moving to the US and always kept the minimum balance in the account (so not to get that monthly maintenance fee), they were actually willing to give me both a credit card and an auto loan despite the fact that I didn't have a credit score.
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  #42  
Old 05-23-2016, 08:39 AM
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[quote=Lovebirds;7512613]STEP THREE & FOUR
Once your interview’s been scheduled......

Hi Lovebirds,
Thanks ever so much for posting the proccess on here. Marrying a US inmate and the spousal visa proccess is so much different than an ordinary visajourney. I came accross this post just after I returned here to Denmark April 21st 2016, after visiting my fiance in Nevada. A lot of very helpful/useful information and with it hope and faith that it can be done - thany you so very much..... TC & GB
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Old 05-24-2016, 09:58 AM
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[quote=sparky1979;7535322]
Quote:
Originally Posted by Lovebirds View Post
STEP THREE & FOUR
Once your interview’s been scheduled......

Hi Lovebirds,
Thanks ever so much for posting the proccess on here. Marrying a US inmate and the spousal visa proccess is so much different than an ordinary visajourney. I came accross this post just after I returned here to Denmark April 21st 2016, after visiting my fiance in Nevada. A lot of very helpful/useful information and with it hope and faith that it can be done - thany you so very much..... TC & GB
You're very welcome and good luck with your visa journey.
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Old 05-29-2016, 06:21 AM
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[quote=Lovebirds;7535555]
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You're very welcome and good luck with your visa journey.
hi Lovebirds, I am so happy for you. would you mind helping me out with a few questions regarding the filling out of the forms. I am a little confused about certain things , do I need to complete the G-325A form for him too and do I add his prison address detail? please could you assist me?

thank you
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Old 05-29-2016, 06:41 AM
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Welcome to Prison Talk. I hope you find answers to your questions here.
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Old 05-30-2016, 10:18 AM
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[quote=kitkatkell;7536560]
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hi Lovebirds, I am so happy for you. would you mind helping me out with a few questions regarding the filling out of the forms. I am a little confused about certain things , do I need to complete the G-325A form for him too and do I add his prison address detail? please could you assist me?

thank you
You need two G-325a forms, one for you and one for your spouse. I filled out my husband's with his details, so it's like he filled it out himself. Then all my husband had to do was sign it.
So yeah, the easiest way is for you to fill out all the forms on the computer but for the I-130 and your husband's G-325a, you have to fill it out like you're your husband. And yes, his address on both the I-130 and the G-325a will be his current place of resident, so his prison address.
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Old 06-04-2016, 11:49 AM
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Just got my proper green card in the mail. Yayyyyy. Now I'm officially a US permanent resident.
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Old 06-04-2016, 12:04 PM
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Originally Posted by Lovebirds View Post
Just got my proper green card in the mail. Yayyyyy. Now I'm officially a US permanent resident.
Congratulations to you and thank you for sharing your journey to give others hope.
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Lovebirds (06-10-2016)
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Old 06-04-2016, 12:06 PM
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That's great news and thank you again for all your helpful information
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Old 06-04-2016, 12:07 PM
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Congratulations, it wasn't easy, but you succeeded.
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