Proxy Marriage with Husband in Jail

[Staceyann88 6]

I really need some help and guidance. My partner is incarcerated but we want to get married. I am in the UK. We looked at a proxy marriage as it would save us having to file for a fiancé visa just to get married. Also saves us a lot of money and time and then once married we can apply for a spousal visa. My worries are because he's in prison, we can't consummate the marriage obviously! Plus no sex before marriage for us.We can absolutely prove the marriage is really and have evidence of this with family, letters etc. I have seen cases where people have moved to the US whilst their spouse is Still incarcerated. I just need advice. We just want to be together so surely it's not that hard if they can see it's genuine?

[Mike E 11,723]

See if the prison allows access to zoom.  If so, your game plan would be to have a zoom marriage and then later journey to the USA to meet him in prison.  You don’t have to have sexual intercourse to consummate.  But you you need to meet him in person to consummate.  
 

See 

 

[Crazy Cat 39,218]

28 minutes ago, Staceyann88 said:

Also saves us a lot of money and time and then once married we can apply for a spousal visa

Not true.  USCIS does not consider a marriage valid until both parties have been in the physical presence of each other.  You must wait to even start filing the paperwork until after meeting in person.

https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-2

USCIS does not recognize the following relationships as marriages, even if valid in the place of celebration:

• Polygamous marriages; ^[3] 

• Certain marriages that violate the strong public policy of the state of residence of the couple; ^[4] 

• Civil unions, domestic partnerships, or other such relationships not recognized as marriages in the place of celebration; ^[5] 

• Relationships where one party is not present during the marriage ceremony (proxy marriages) unless the marriage has been consummated; ^[6] or 

• Relationships entered into for purposes of evading immigration laws of the United States. ^[7] 

 

 

Edited June 11, 2021 by Lucky Cat

[neca 166]

Consummation is satisfied by just being physically present. This is a special case, I don't know if visiting your partner in prison will qualify as consummation. I don't see why not, but I don't know if not being able to have a conjugal visit or one where you aren't separated by a partition would complicate things. Maybe others have more information on it.

 

Less related to your inquiry:

I don't actually know if someone can petition a spouse from prison, as a number of your rights are affected by incarceration. Have you looked into this possibility? You mentioned other cases, would you be able to link them? A cursory search for me didn't return any meaningful insight. In any case, I imagine he doesn't have an income that would be able to support you, so have you a joint sponsor lined up?

 

This is a super interesting case. I wish you all the luck in being reunited with your partner.

[Staceyann88 6]

Of course we will be meeting in the prison once covid is over! Yes his family have already said they will Co sponsor me. Proxy marriages are legal in kansas and the marriage certificate would be valid in all states. Sorry I'm new to this site so I've found it hard to get around 

[Mike E 11,723]

5 minutes ago, neca said:

Consummation is satisfied by just being physically present. This is a special case, I don't know if visiting your partner in prison will qualify as consummation. I don't see why not, but I don't know if not being able to have a conjugal visit or one where you aren't separated by a partition would complicate things. Maybe others have more information on it.

 

 

Not all prison visitation set ups have a physical partition. 

[Crazy Cat 39,218]

1 minute ago, Staceyann88 said:

Proxy marriages are legal in kansas and the marriage certificate would be valid in all states. Sorry I'm new to this site so I've found it hard to get around 

You cannot start the spousal visa process until after you have met in person.....read the USCIS guidance.

Edited June 11, 2021 by Lucky Cat

[Crazy Cat 39,218]

3 minutes ago, Staceyann88 said:

Proxy marriages are legal in kansas and the marriage certificate would be valid in all states.

But it will not be valid for immigration purposes until you can prove you have been in the presence of each other

[Staceyann88 6]

5 minutes ago, Mike E said:

Not all prison visitation set ups have a physical partition. 

No his doesn't 

3 minutes ago, Lucky Cat said:

But it will not be valid for immigration purposes until you can prove you have been in the presence of each other

Yes that's what we will do of course!

[JeanneAdil 6,191]

Kansas is one of the US states that allow a marriage ceremony in the presence of only one spouse (Also known as a “proxy” marriage), as long as the spouse present in Kansas holds the other spouse's power of attorney.

 

Are you willing to give a prisioner your POA?

[neca 166]

59 minutes ago, Staceyann88 said:

Sorry I'm new to this site so I've found it hard to get around 

In your original post, you said

1 hour ago, Staceyann88 said:

I have seen cases where people have moved to the US whilst their spouse is Still incarcerated.

Can you link these cases? Or do you mean you've seen them on here and don't know how to find them. Do you know if the spouse petitioned while incarcerated? I'm asking mostly out of curiosity, but as you've probably gleaned it'll be useful as reference to see potentially how your case will play out.

[Crazy Cat 39,218]

2 minutes ago, neca said:

In your original post, you said

Can you link these cases? Or do you mean you've seen them on here and don't know how to find them. Do you know if the spouse petitioned while incarcerated? I'm asking mostly out of curiosity, but as you've probably gleaned it'll be useful as reference to see potentially how your case will play out.

Good question.  I am also curious by that statement.  I suppose it is possible to complete the process while temporarily incarcerated.....but it wouldn't be easy, imo.  

[neca 166]

6 minutes ago, JeanneAdil said:

Kansas is one of the US states that allow a marriage ceremony in the presence of only one spouse (Also known as a “proxy” marriage), as long as the spouse present in Kansas holds the other spouse's power of attorney.

 

Are you willing to give a prisioner your POA?

Does this apply to zoom marriages too? Depending on definition of presence, both spouses are present during a zoom ceremony, or neither are present if the officiant isn't in the same room as one of them.

[JeanneAdil 6,191]

• You must start the visiting process by printing and filling out a Kansas Inmate Visitors Application.  If you cannot print the application you can request one from the inmate, they will send you an application and a copy of the visiting rules.  Once completed, send the application to the facility the inmate is incarcerated in.  A background check will be performed on all prospective visitors.

• If an inmate is married, their primary visitor must be their spouse, unmarried inmates can choose anyone over 18 as their primary visitor.  Primary visitors can only be changed once every six months.
• If an inmate changes facilities the approved visitation list will follow the inmate, their is no need to re-apply.

you need to read the rules for visiting an inmate in Kansas prison 

not sure how they would do the background check on you or even if they would be willing to 

 

https://www.prisonpro.com/content/visiting-inmate-kansas

[JeanneAdil 6,191]

2 minutes ago, neca said:

Does this apply to zoom marriages too? Depending on definition of presence, both spouses are present during a zoom ceremony, or neither are present if the officiant isn't in the same room as one of them.

yes,   all proxy marriages as you are not present 

i looked it up under both kansas proxy marriages and kansas prison marriages

you can google this