Proxy Marriage with Husband in Jail

[Crazy Cat 39,330]

21 minutes ago, neca said:

Depending on definition of presence, both spouses are present during a zoom ceremony,

In Physical presence of each other is the key for USCIS to recognize the marriage (either during or after the ceremony). The famous successful zoom marriage referenced in the 2nd post in this thread involved a couple who were in different parts of the world during the ceremony.  However, they did not start the spousal visa process until after she visited him later outside the US.  Thus, the marriage met the requirements for consummation. 

Edited June 11, 2021 by Lucky Cat

[Staceyann88 6]

41 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?

I don't actually need to, he can sign a consent form. Although I can also be his POA. Not a problem 

24 minutes ago, Lucky Cat said:

In Physical presence of each other is the key for USCIS to recognize the marriage (either during or after the ceremony). The famous successful zoom marriage referenced in the 2nd post in this thread involved a couple who were in different parts of the world during the ceremony.  However, they did not start the spousal visa process until after she visited him later outside the US.  Thus, the marriage met the requirements for consummation. 

Makes sense! Thank you for your clear advice 

[top_secret 2,068]

Most prisons will allow a traditional "in person" marriage and do so somewhat regularly.  It would seem to me that in a case that would have a few red flags to begin with that would be desirable.

[Staceyann88 6]

2 hours ago, JeanneAdil said:

• 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

He's in wisconsin prison. I just meant the state of kansas does these proxy marriages 

[Staceyann88 6]

Im on his visiting list and we have regular visits. The issue of marriage is made harder because of covid and I'm in the UK. That's why proxy marriage seemed a great solution 

33 minutes ago, top_secret said:

Most prisons will allow a traditional "in person" marriage and do so somewhat regularly.  It would seem to me that in a case that would have a few red flags to begin with that would be desirable.

What red flags do you mean here?

[top_secret 2,068]

1 minute ago, Staceyann88 said:

What red flags do you mean here?

Petitioner in prison may not be a deal breaker but it would have to qualify as at least a red flag for USCIS.  The thing about proxy marriage is that even if you did that, you would still have to meet again in person and since the other party obviously cannot travel, you would still have to be the one to travel to the US again, no matter what.   That being the case, assuming that the prison would allow it, a more traditional wedding would at least probably look better for USCIS and be one less item for anyone to question.   I'm sure it is not universally possible, but prison weddings done the prison Chaplin are somewhat common and usually doable.  There is probably a prison policy in place for just that purpose.  You could probably even get a few good wedding photos to submit with your petition.

[JeanneAdil 6,209]

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Posted 2 hours ago

  2 hours 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?

I don't actually need to, he can sign a consent form. Although I can also be his POA. Not a problem 

 

No,,  my friend ,  the marriage would be under Kansas laws and you have to give him a POA not the other way around

and you must be on his visitor list now or 6 months from when he did the last one 

and pass the security requiretments to even visit him

 

big issue is "the reason for his incarniation"  

 

red flags we have seen are in past cases are:

1   big age difference

2   religious differences

3   criminal background

4   financial support

5   not enough time spent together like several weeks, and months

6   residency requirements like if he is in jail ,  you can't live with him,  so where would you live?

 

[Crazy Cat 39,330]

@Staceyann88, One of the issues I see here is providing solid evidence of a bona fide marriage.  The very best evidence you can provide is that of having been together.  This, along with a valid marriage certificate,  is the only evidence for most international couples when submitting the I-130.  That might prove to be a challenge while he is incarcerated.  The fact that you cannot live in the US during the process adds even more of a challenge since your time together will be very limited.  When is his scheduled release? 

Edited June 11, 2021 by Lucky Cat

[Staceyann88 6]

55 minutes ago, JeanneAdil said:

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Posted 2 hours ago

  2 hours 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?

I don't actually need to, he can sign a consent form. Although I can also be his POA. Not a problem 

 

No,,  my friend ,  the marriage would be under Kansas laws and you have to give him a POA not the other way around

and you must be on his visitor list now or 6 months from when he did the last one 

and pass the security requiretments to even visit him

 

big issue is "the reason for his incarniation"  

 

red flags we have seen are in past cases are:

1   big age difference

2   religious differences

3   criminal background

4   financial support

5   not enough time spent together like several weeks, and months

6   residency requirements like if he is in jail ,  you can't live with him,  so where would you live?

 

I've spoken to the officiant in kansas and she says I can have the POA and the marriage licence is valid. 

 

Also I'm on his visitor list. As I stated already.

 

I would live with his family. We've already discussed this. 

 

 

Im not looking to file for a spousal visa right now. Im just trying to understand it all. 

[Staceyann88 6]

10 minutes ago, Lucky Cat said:

@Staceyann88, One of the issues I see here is providing solid evidence of a bona fide marriage.  The very best evidence you can provide is that of having been together.  This, along with a valid marriage certificate,  is the only evidence for most international couples when submitting the I-130.  That might prove to be a challenge while he is incarcerated.  The fact that you cannot live in the US during the process adds even more of a challenge since your time together will be very limited.  When is his scheduled release? 

I have seen a case on here, I just don't know how to link it! 2024 is the earliest release date.

 

I just get so down about this because its a rubbish situation. All we want to do is be together. The fact is if I can be in the US, rhis will only help strengthen our relationship. I have his family for support and sponsorship. I'm on his list. We will be spending time together when I can. Our visits are hours long because the prison is far away from where is family live. 

[Crazy Cat 39,330]

4 minutes ago, Staceyann88 said:

I would live with his family.

You can't live in the US until after the spousal visa is issued.....

[Staceyann88 6]

Just now, Lucky Cat said:

You can't live in the US until after the spousal visa is issued.....

I know! Lol. But that's where I would live. At the end of the day I'm in a diff country. Obviously I know I can't live there! I'm just asking for help here to help me understand

[Crazy Cat 39,330]

1 minute ago, Staceyann88 said:

I know! Lol. But that's where I would live. At the end of the day I'm in a diff country. Obviously I know I can't live there! I'm just asking for help here to help me understand

Earliest release date is 2024?  You face more problems down the road.  I suggest you wait until he is released to marry and start the spousal visa process.

- Lucky Cat out.

[Staceyann88 6]

Why is that? What problem do you mean

I think some of you have been really helpful here and others have just made me feel a bit stupid to be honest. 

[Crazy Cat 39,330]

2 minutes ago, Staceyann88 said:

Why is that? What problem do you mean

I think some of you have been really helpful here and others have just made me feel a bit stupid to be honest. 

1.  At the end of 2 years, you will be REQUIRED to show evidence that you have been living in marital union for the previous 2 years.  That might be pretty difficult if he is still incarcerated.

2.  I, personally, think think a person should spend a lot of QUALITY time with their fiance before committing to marriage.