US citizen applying from jail K1VISA

[lioness_uk]

hI. Iam in the uk a uk citizen, my fiance is US citizen in Usa in jail. we are trying to find info as we are going to apply for a fiance visa so I can be there for as soon as he gets out. We want to know how does he fill out the paperwork from inside jail? we got all our proof of contact like letters from past 8 years, plane tickets... His mother is going to be my sponser as she is working with an income but Iam clueless how to start applying from while he is in jail so I can have my visa by the time he gets out then we will marry on the outside once hes out. We got 2 years left but I gather it will take along time to get the visa. anyone in a similer situation or have any advice?

[nichole]

This visa right now from the UK would take about 5-6 months. There is a requirement that you have met in person within the last two years, even if you met in person many times going farther back. You'll have to work out a timeline for yourself to even know when it's feasible to apply. And you should be aware of the costs and plan for how they will be paid. Example:

He petitions in Feb 2010 - $455

You get visa July 2010 -

3 US sized photos of you - £10
Police certificate - £35 (pluss an additional passport photo)
Medical exam - £180
transportation to London - £?? (once for medical, once for visa)
Visa fee $131
Courier fee - £14

You have six months to enter US on visa, so latest Jan 2011

Plane fare - £??

You must marry in 90 days, so latest March/April 2011.

Marriage license fee and certified copies?? $60-$75?

You should file for adjustment of status within that 90 days. $1010

Civil Surgeon fee to fill out I-693 immunization form $50-$125
3 more passport photos $??

Anyone can get the forms needed from /us-visa-and-immigration-forms/ and fill them in. His signature would be needed on the prepared documents.

[francksgirl]

One thing that may be against you....

he has to come up with W2 forms and IRS transcripts......and for the I-134 show that he's working and earning an income. At the interview stage, the person in jail will need to give you copies of current paystubs.....They have to show that they can support you for 90 days after you arrive to the US.

[lioness_uk]

At Nichole

Thanks for that info, yes I already been saveing up! You put transportation to London one for medical and one for visa, I do all that before I leave here right? because I already do live in London. The whole thing is all confuseing really. Do you know when I apply for the visa can I give them a certain date that I want my fiance visa to start from, like say start from a week before my fiance gets out? or do I have to go on it as soon as I get it? When the year comes I will apply atleast 7 months before he gets out to be sure but if I get it too early like in 2 months and he wont be out til another 2 months or something.
What is the US sized photos I need to get done here in uk? So my fiance dont need to fill anything just put his signature on documents which I must send to him? And does my sponser need to fill out more stuff then him as she is the one working with the income to support me?
I do visit him twice a year anyway. Do we need to provide any proof of us/our relationship while applying for the fiance visa?
Also theres so many different numbers/codes for forms to fill out Im not sure whats what really.

[lioness_uk]

he has to come up with W2 forms and IRS transcripts......and for the I-134 show that he's working and earning an income. At the interview stage, the person in jail will need to give you copies of current paystubs.....They have to show that they can support you for 90 days after you arrive to the US.

Obviously hes not working as he is in jail so his mother is sponsering me, will she neeed to fill out those forms instead? And thats all to be done while applying for the fiance visa?

[nichole]

Thanks for that info, yes I already been saveing up! You put transportation to London one for medical and one for visa, I do all that before I leave here right? because I already do live in London.

Yes, you get a medical exam near the Bond Street tube station. Then you have an interview at the US Embassy to see if they grant you the visa. Some people have to travel from Scotland for the same things, so that's why I put to consider transportation.

The whole thing is all confuseing really. Do you know when I apply for the visa can I give them a certain date that I want my fiance visa to start from, like say start from a week before my fiance gets out? or do I have to go on it as soon as I get it? When the year comes I will apply atleast 7 months before he gets out to be sure but if I get it too early like in 2 months and he wont be out til another 2 months or something.
What is the US sized photos I need to get done here in uk?

You can't specify a start date. You are granted an interview at the Embassy. If it goes well they will tell you that you are approved and keep your passport. Your visa will be printed the next day , stuck in your passport, and returned to you by courier in a few days. You have six months from the issue of the visa to use it, so NO you don't have to go the next day. You have 6 months to pick your travel date to the US. There is a way to stall the interview...when you send back your applications to London, there is a checklist that asks your intended date of departure and wedding date. If you put a date months and months ahead, they would give other people in a hurry interviews before you. They would push you back since you didn't plan to leave so soon anyway.

So my fiance dont need to fill anything just put his signature on documents which I must send to him? And does my sponser need to fill out more stuff then him as she is the one working with the income to support me?

It starts with a petition submitted by your fiance. If he can't download and fill out the papers in jail, then you or his mom could fill them out if it is possible for him to sign the papers while in jail. He also needs two passport photos of himself to submit with the I-129F petition. I don't know how he would get those done in jail. After that petition gets approved in the US, then the case file goes to London. You have a 4 month expiration on that I-129f petition approval, so don't think you can just stall and not prepare your part of the visa application to the London embassy. The London part is when the I-134 Affidavit of Support is filled out. He MUST fill out one, even if he has no money or job. If he hasn't filed income tax the last year, then he can write a statement explaining why. (He was incarcerated and not earning income) His mother fills out another I-134 and provides her proofs of income. You take both to the interview.

I do visit him twice a year anyway. Do we need to provide any proof of us/our relationship while applying for the fiance visa?
Also theres so many different numbers/codes for forms to fill out Im not sure whats what really.

Yes you need to provide proof of your relationship and having met in person in the last two years. Your boarding passes, photos of you two together, some emails or phone logs.

[lioness_uk]

Thanks so much for the info. Have you been through this same situation yourself? now altogether do you know an exact list of forms needed just for the k1 visa as theres so many different ones and codes??

[lioness_uk]

Could someone please give me any info or advise as to what is expected when I go to the US embassy in London for an interview and medical to get a fiance visa? What things would they denie me for? Would they hold it against me that my fiance is in jail?

[nichole]

They can deny you if you have certain infectious diseases (like gonorrhea, syphilus, active tuberculosis, leprosy); mental disorders; a criminal record (yourself) for crimes of moral turpitude; drug addiction/trafficking; previous over-stays or deportation that resulted in a 3 or 10 year ban from the US; being a terrorist; and if they think you may become a public charge to the US social services because you don't prove having adequate financial support in the US.

The things that make you inadmissable to the US can be found by googling "inadmissible to the US." For some things you can get a waiver of inadmissibility with more paperwork.

When you go for the medical they do bloodwork (infectious diseases), a chest x-ray (TB), and give you a quick once over like listen to heart, poke your abdomen, including a split-second peek at your genitals to make sure you are the gender you say you are. The gender check is really fast and no examination of the pelvic area. You don't undress, except women put on a gown on top for the chest x-ray part. Then they question you about any past medical history. And they friendly chat with you about your plans or the weather, but they are really trying to determine you general emotional/mental stability.

At the embassy they ask anywhere from about 4 to a lot of questions. It's like a friendly chat, but they are verifying the info that's already in the petition. They will surely verify that you are aware that your fiance is/was in prison. I would think it would be listed as his "address" on the G-325A form. (They do FBI checks anyway, so he can't hide it.) If he was married or has children, they would probably ask you about that. First off they want to protect the immigrant to make sure you know the background of who you are going to live with. There were many sad stories in the past of Filapinas or Ukranian brides who went to the US almost like "mail order brides" to some very dangerous men. So if they quiz you about your fiance, it's not with a look to deny you, but to make sure you know his background before you go. So discuss it freely with them so they know you are okay with it. Other than that they ask things like how did you meet, when did he propose, what kind of wedding are you going to have, what kind of work does he do, does he have children, where will you live....

Mostly it's just like a little chat you might have with somebody new you've met who's interested in your move to the US...where will you live? Florida. Oh I have an aunt in Florida who loves it there. Have you been there? Yes, twice. Almost everybody who reports on their London interview says it was easy and anti-climatic after they got so nervous before hand about it.

[lioness_uk]

Well basically I dont have any illness, never been in jail or no criminal record. I was just worrying incase they denie me for stuff like I dont hold a professional job here (like 5 years as a secretary or something) or I dont own a property, I live with family, I work in a store but have done all kinds of different work... Or just deny me because my fiance is in jail?.. Neither of me or my fiance got kids or never been married though. I hope I can get a female docoter at the medical! Also do I have to bring all our proof like letters, photos, plane tickets to the interview?

[nichole]

You are not inadmissable to the US for lack of higher education, not owning property, etc. You will need a sponsor (fiance) and a co-sponsor (if he's not employed) who can prove their income is 125% of the US poverty guidelines for their household size + you. The interview for the visa is about YOU and if you are admissable, and as far as I know, is not about your fiance's criminal record as long as they know you are aware of his jail time and are still wanting to marry him.

There used to be a female doctor who was reported as kinda cranky. I think if you get the male doctor (very nice Irish guy) then without a female present they sometimes skip the gender check. Wear pants with an elastic waist like sweat pants rather than tight jeans. Then they can just stretch out the elastic a bit, take peek, and you're done without unzipping or pulling anything down.

Interview: I have never known anybody interviewing at London being asked to show further evidence of the relationship or photos. Other consulates are different and you may read of people taking scrapbooks, etc. That's just not needed in London. I did read recently of somebody who interviewed and London couldn't find the four DS- forms that you will mail in before your interview. So you might want to print an extra copy of each when the time comes, so if they happen to misplace your forms, you can pull extra ones out of your folder.