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Criminal Immigration Issues Dealing with INS and other related issues.

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  #51  
Old 06-06-2016, 04:07 AM
NikkiR NikkiR is offline
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[quote=Lovebirds;7536783]
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Originally Posted by kitkatkell View Post

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.

thank you very much for all the wonderful advise. you are truly helping a lot of us
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  #52  
Old 02-04-2017, 11:40 AM
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Default Paying the Fee

Hi, with reference the payment of the fee. I am in th UK and he doesn't have a bank account as he's in prison. How do I get round paying the fee in dollars? How did you go about this? Regards Emma
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  #53  
Old 02-04-2017, 01:18 PM
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Hi, with reference the payment of the fee. I am in th UK and he doesn't have a bank account as he's in prison. How do I get round paying the fee in dollars? How did you go about this? Regards Emma
I've got the same problem but I'm sending the fee to my brother in law and he's getting a $ money order for me
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  #54  
Old 02-06-2017, 08:04 PM
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Hi, with reference the payment of the fee. I am in th UK and he doesn't have a bank account as he's in prison. How do I get round paying the fee in dollars? How did you go about this? Regards Emma
I flew over to visit my husband when we were ready to send in the petition. So I just went to the bank in the US, got a banker's draft/check and sent it with the petition. If you don't have a visit planned soon, maybe you have someone in the US that you trust to do the check and send in the petition?
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  #55  
Old 02-20-2017, 07:48 AM
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Hi, with reference the payment of the fee. I am in th UK and he doesn't have a bank account as he's in prison. How do I get round paying the fee in dollars? How did you go about this? Regards Emma
There is a number of online services that will convert your credit card payment in a USD denominated money order.
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  #56  
Old 09-18-2018, 01:41 AM
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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.

Hi congrat's on getting to move to the States....I'm hoping to do it too, and will be following your process for sure.....I do have a query though, what did you need to open an account at Bank of America please? In August this year I approached a few banks in PA to ask if I could open a bank account, but they all told me no, that I needed to be a resident of the USA....booooooo!


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  #57  
Old 10-22-2018, 12:17 PM
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My boyfriend wants to get married and I am in Germany. I want to wait until he is released. Has anyone recently been going through the marriage visa process?
Some say you can get married on ESTA and have to go back home, then am allowed to visit once a year. Others say I can get married then go back and file for a spousal visa and would not be allowed to visit the US until the interview.
So if anyone knows about the right way to do it all, I would love to hear from you.
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  #58  
Old 10-23-2018, 02:47 AM
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My boyfriend wants to get married and I am in Germany. I want to wait until he is released. Has anyone recently been going through the marriage visa process?
Some say you can get married on ESTA and have to go back home, then am allowed to visit once a year. Others say I can get married then go back and file for a spousal visa and would not be allowed to visit the US until the interview.
So if anyone knows about the right way to do it all, I would love to hear from you.
While you can, in theory, get married while in the U.S. on ESTA, you should be aware that the Immigration might view that as "abuse" of your non-immigrant Visa status = us folks who can travel to the States on ESTA are privileged as tourists who do not need a Tourist Visa, but if you use that privilege to get married, as in, the Immigration will believe you entered the U.S. on ESTA with an intent to marry, they might deny you the adjustment of your status to spousal Visa (I don't know how usual it is to actually marry on ESTA - just stating what I have read online about the possible difficulties it may create)

So if you are marrying your American loved one after his release - there are basically two ways you can do it by the book: (click the underlined)

1) Immigrant Visa for a Spouse of a U.S. Citizen (CR1 or IR1) - you apply for this Visa after you have already married your American loved one: he is petitioning for you. If you marry in the U.S. then yes, you must leave the country after the wedding and go through the Visa application process whilst in your own country - it is the U.S. Embassy in Germany who will interview you at the end of the process to determine whether they will grant you the Visa. To my understanding you can visit the U.S. while your application process is running; you should just bring 'evidence' (of your ongoing Visa application process) with you to show the Immigration Officers for when you enter the country eg. your case number/paperwork with USCIS.

2) Fiancée Visa (K1) - basically a 2-step process where you first apply for a K1 Visa, then after approval travel to the U.S. for 90 days and marry within that time (or if not, leave the country) - after you marry you can remain in the U.S. while applying for adjustment to you status from K1 to a green card/permanent residency (you are not eligible to work during this time).

I believe the Spousal Visa might take a bit longer to process but once it is approved you are eligible to work right away.

Please find more information on family based Visas on the pages of USCIS HERE and HERE.

You might also be interested in visiting an online community called Visa Journey where people are discussing and sharing their experiences on these subjects. There is a LOT of information available - good luck
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  #59  
Old 10-23-2018, 03:09 AM
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I spoke to an immigration attorney and was advised to get married there and return, file for a spousal visa and prepare not to see him in person for a year or longer as I will not be allowed to visit him whilst status is pending.
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Old 10-23-2018, 03:45 AM
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I spoke to an immigration attorney and was advised to get married there and return, file for a spousal visa and prepare not to see him in person for a year or longer as I will not be allowed to visit him whilst status is pending.
I would not trust that advice (that you cannot visit during your Visa application process) but of course you need to do what you feel is best for you The only reason the USCIS may be wary of you visiting the U.S. if you are married to an American citizen and do not live in the States yet is if they suspect you might try and stay in the country before you have completed your Visa process. But, if you can show them that you have a pending Visa process ongoing (by providing them with your case # or paperwork), there should be no reason for your visit to be denied (providing of course that you have married following the USCIS regulations in the first place). There are plenty of people posting on Visa Journey confirming they have/are visiting their loved ones whilst their Visa process was/is still pending.

I'm in Europe myself and I have plans to marry my American fiancé. I'll post about the process on here if/when we get around doing it...however, we might do it while he is still in prison so that is a bit different to doing it your way eg. marrying after release.

I would encourage you to do as much research as you can by yourself - the links that I have provided have a ton of information available. I am not sure if you have read through this whole thread, written by Lovebirds? She did the whole process without immigration lawyers assistance and I agree with her in that sometimes Immigration Lawyers give you incorrect advice; best to do your homework
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  #61  
Old 10-23-2018, 04:08 AM
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NOTE: as per the title of this thread

Yes you can immigrate to the US with a spouse in prison

this thread was kindly posted by Lovebirds to offer advice for foreign loved ones of American citizens who are incarcerated and who wish to marry & immigrate to the U.S. while their spouse is in prison.

The process might vary if you marry & immigrate after release, so in those cases you might find best advice from the pages of USCIS without the nuances of incarceration affecting your process
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Old 10-23-2018, 04:16 AM
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I spoke to an immigration attorney and was advised to get married there and return, file for a spousal visa and prepare not to see him in person for a year or longer as I will not be allowed to visit him whilst status is pending.

Can't you just wait until he's done with his sentence and then go the "official" way with him filing for a fiancé-visa for you and so on.
I was married to an American (in the early 90s) and it was hard enough to go through that process even then. And he wasn't even in prison...

I'd just wait... but that's just me...
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  #63  
Old 10-23-2018, 04:40 AM
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He wants to marry whilst he is still incarcerated but then I would need a K1 and they would not approve that for sure.
I read Lovebirds post but since July 2017 they tightened everything and some ways are no longer available.
I would rather have him come here but he would need a passport he will not get for a while.
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Old 10-23-2018, 04:48 AM
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So wait. How much longer does he have? How long do you know him? A lot of t hings to consider and immigration has become so much harder since Trump and his crazy politics.
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Old 10-23-2018, 04:55 AM
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He wants to marry whilst he is still incarcerated but then I would need a K1 and they would not approve that for sure.
I read Lovebirds post but since July 2017 they tightened everything and some ways are no longer available.
I would rather have him come here but he would need a passport he will not get for a while.
Can you please clarify what processes you are referring to as not available anymore after 2017 when you are marrying an incarcerated U.S. citizen? If you have a link please post it here too.

I do not believe you need or even can go through the K1 Visa process when you marry someone who is in prison - I included that option in my previous posts because you originally mentioned you wanted to marry him after release. I'm going to read more on USCIS and do some research on this........Meanwhile maybe someone going through this process right now can comment.
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Old 10-23-2018, 06:23 AM
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Can you please clarify what processes you are referring to as not available anymore after 2017 when you are marrying an incarcerated U.S. citizen? If you have a link please post it here too.

I do not believe you need or even can go through the K1 Visa process when you marry someone who is in prison - I included that option in my previous posts because you originally mentioned you wanted to marry him after release. I'm going to read more on USCIS and do some research on this........Meanwhile maybe someone going through this process right now can comment.
EDIT: please ignore my above comment on the K1 Visa; did some reading in the Visa Journey website and it appears some people have gone through that process (successfully) while their loved one was in prison.

I can't really find anything new with the USCIS when it comes to these family related immigration visas -- I read the news pretty regularly in order to keep up, but of course it is possible that I am missing something The USCIS or Government of the State do not specifically mention cases where you marry an incarcerated citizen; as far as my understanding goes this is because there aren't any laws against it: t is not illegal to marry an incarcerated person and it is not illegal to start the immigration process once you are married. It is also not illegal to travel to the U.S. while your immigration application is in process, but you will have to be prepared to show proof to the immigration officials at your port of entry that you have no intention of remaining in the U.S. during your visit (this you can do by showing your return ticket, a letter from your employer in your home country saying you are expected back at work on day X, by showing a copy of your rental contract etc. etc.) and you have to remember that the immigration officer CAN refuse entry if s/he so chooses if they still suspect your are attempting to immigrate during this visit.

DISCLAIMER: I am not an immigration lawyer or expert I do read a lot about these things but obviously can be mistaken about something...so please feel free to correct me if you have better information. My fiancé and I should be getting married in the next 6-12 months whilst he'll still be in prison - I will share the process once it's over
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