Getting married to prisoner

[LionessDeon 2,060]

5 minutes ago, f f said:

if domestic violence can stop a person from immigrating I would assume that murder would definitely prevent it.

I do not know if meeting through glass is considered meeting for uscis.

also consider right now that you are in love with a pen pal. and you can not tell how the two of you will get along till he has been out for a few months and settled in.

He's not immigrating she is.

I'm not sure how he could be "scamming" her either.  Like for what?

 

[Boiler 43,381]

Do we know when he is getting out?

[Transborderwife 4,666]

13 minutes ago, f f said:

if domestic violence can stop a person from immigrating I would assume that murder would definitely prevent it.

I do not know if meeting through glass is considered meeting for uscis.

also consider right now that you are in love with a pen pal. and you can not tell how the two of you will get along till he has been out for a few months and settled in.

This is not our place to judge.  Meeting through the glass is still in person, I've seen several stories on vj of prisoners spouses successfully immigrating.  How many people meet their fiancé on vj for a few days and get approved and are basically pen pals until they get the visa?  

 

As already said, he's not immigrating, she is.  Unless his crime is against the AWA it's not a disqualification 

[kandikandi 31]

I agree, we ought not to judge this situation - her decision on who to marry is hers to make.  Our job is to let her know what is required and make suggestions on what is considered compelling evidence as she approaches the USCIS in her unique circumstances.

Again I would recommend speaking to an experienced attorney for the visa and for the original poster to think ahead to AOS as we all know that the challenges do not simply end at the visa stages.  USCIS will be looking for the longevity of the relationship and longevity of the financial support in particular during the adjustment stage and I believe it is something to think about carefully at this present time, especially as her beloved is incarcerated.

[sparkles_ 456]

8 hours ago, Cruise77 said:

You also need to be aware that since your fiance is in prison, that could severely hurt your chances of getting approved.  For various reasons, one being lack of evidence of a bona fide relationship.  Another depending on what he is in prison for.  

Another being can the marriage be questioned as valid on the grounds of consummation. That is a sticking point as well 

[Transborderwife 4,666]

Just now, sparkles_ said:

Another being can the marriage be questioned as valid on the grounds of consummation. That is a sticking point as well 

Meeting in person is considered consummation for USCIS.  It's been discussed here before.  As long as they don't marry by proxy.

 

[sparkles_ 456]

41 minutes ago, Transborderwife said:

Meeting in person is considered consummation for USCIS.  It's been discussed here before.  As long as they don't marry by proxy.

 

Ah ok, good to know. Forget my above comment in that case.

[Rc123rc 528]

I'm going to ask the question too. When is he eligible for parole or his actual release? It might make a big difference. Also, it is also strongly advised you get a lawyer to help you with this. I don't think this is a DIY situation. 

[vogann 221]

10 hours ago, Debby M. said:

My fiance is in prison and we want to get married as soon as possible.

My advise would be not to start the process until he's proven not guilty or gets released from the jail. (until then it's 99.99% chance of getting denial) You can still try.. but I guess Texas state governor would have to issue you some kind of a waiver for such case to stand a chance.

Anyways.. how did you even met him?

[Shiobhan 235]

You can get marry and return home for the process

however will the CO consider it bonafide

do you truly know the person, its not like you were together before the crime

Is the Texas prison one that allows conjunctal visits.

The marriage must be consumated (no proxy for that) to be valid for uscis

prior arrangements nust be made with TDJC for the wedding

If questioned by CBP of reason to visit all facts must be disclosed

He will need affidavit of support & co-sponsor

Can I ask what are the ages here

[steph&max 13]

I'm confused about some of the advice she got, they told her to be honest with the immigration officer that she is coming into the US to get married, I have read time and time again that they will NOT let you entry the US with that intention because how will they know she is returning. That's what the K1 visa is for, not a tourist visa.

[Boiler 43,381]

1 minute ago, steph&max said:

I'm confused about some of the advice she got, they told her to be honest with the immigration officer that she is coming into the US to get married, I have read time and time again that they will NOT let you entry the US with that intention because how will they know she is returning. That's what the K1 visa is for, not a tourist visa.

People marry in the US all the time without having entered on a K1, K1 may be common on VJ but not in real life.

[steph&max 13]

Just now, Boiler said:

People marry in the US all the time without having entered on a K1, K1 may be common on VJ but not in real life.

Yea I know that, but you cannot tell an IMMIGRATION OFFICER at the airport that is the reason of your travel. They'll send you right back!

[geowrian 22,335]

5 minutes ago, steph&max said:

I'm confused about some of the advice she got, they told her to be honest with the immigration officer that she is coming into the US to get married, I have read time and time again that they will NOT let you entry the US with that intention because how will they know she is returning. That's what the K1 visa is for, not a tourist visa.

They will likely scrutinize her reason for coming, but it's not an outright cause to deny her. If CBP determine that she has suitable ties to leave the US, then she will be fine.

 

Telling them anything else is misrepresentation. ALWAYS be honest and upfront with CBP. Getting turned away is the least of your concerns if you don't tell the truth.

Edited January 26, 2017 by geowrian

[steph&max 13]

1 minute ago, geowrian said:

They will likely scrutinize her reason for coming, but it's not an outright cause to deny her. If CBP determine that she has suitable ties to leave the US, then she will be fine.

 

Telling them anything else is misrepresentation. ALWAYS be honest and upfront with CBP. Getting turned away is the least of your concerns if you don't tel the truth.

I'm not advising to not be honest, I'm just saying that if that is the intent, then go the legal way of K1. They can easily deny entry for that reason.