Proxy Marriage with Husband in Jail

[Staceyann88 6]

2 minutes ago, Jorgedig said:

Wait for what?   Your fiancé cannot file a spousal petition on your behalf until after you’ve been back to the US to see him ANYWAY.   Getting married by proxy vs getting married in person at the prison will make NO measurable different in your timeline.

 

This is why people are telling you that with a case which inherently already contains red flags (prison inmate), adding a proxy marriage to the mix may be an unnecessary risk with no real advantage.

Can I just ask why are people saying a "prison inmate" is a red flag? He's a person and he's my partner. He is entitled to be married. We don't want to wait because we love eachother. I feel I've come here for advice and people are talking down to me. I really do. I am just confused by this whole process 

That's exactly my steps ! I get that! Thank you for clarifying 

[SalishSea 16,804]

In other words:   if you get married by proxy in July, but you cannot visit until October, the petition cannot be filed until October or later anyway.   Therefore, there is no time savings vs just getting married in person during the October trip.

[Staceyann88 6]

Just now, Jorgedig said:

In other words:   if you get married by proxy in July, but you cannot visit until October, the petition cannot be filed until October or later anyway.   Therefore, there is no time savings vs just getting married in person during the October trip.

I'm with you. I get you! But what visa can I do in October? Can I just get married on a regular tourist visa? 

[SalishSea 16,804]

1 minute ago, Staceyann88 said:

Can I just ask why are people saying a "prison inmate" is a red flag? He's a person and he's my partner. He is entitled to be married. We don't want to wait because we love eachother. I feel I've come here for advice and people are talking down to me. I really do. I am just confused by this whole process 

That's exactly my steps ! I get that! Thank you for clarifying 

No one has talked down to you.   Many, many cases have red flags.   If you want to be realistic about your approval chances, you need to expect scrutiny related to his convictions.

Just now, Staceyann88 said:

I'm with you. I get you! But what visa can I do in October? Can I just get married on a regular tourist visa? 

You can.   You cannot enter with a tourist visa with the intent to marry and stay.   That is visa fraud.

[Staceyann88 6]

Just now, Jorgedig said:

No one has talked down to you.   Many, many cases have red flags.   If you want to be realistic about your approval chances, you need to expect scrutiny related to his convictions.

Fair comment! I do understand. 

[Crazy Cat 39,324]

3 minutes ago, Staceyann88 said:

Can I just get married on a regular tourist visa? 

Yes.   You can enter the US via a tourist visa and marry.  However, you can not enter the US via a tourist visa with the intent to stay and live in the US.

Edited June 11, 2021 by Lucky Cat

[SalishSea 16,804]

It will take at least 12-24 months for you to obtain a spousal visa.   The petition is just the first step in that process.   You need to have a valid marriage certificate and have been in each others’ presence before he can file the petition.

[top_secret 2,067]

48 minutes ago, Staceyann88 said:

Can I just ask why are people saying a "prison inmate" is a red flag? He's a person and he's my partner. He is entitled to be married. We don't want to wait because we love eachother. I feel I've come here for advice and people are talking down to me. I really do.

If I mentioned "red flags" I meant nothing derogatory by it and certainly wasn't talking down to anyone.   I may have a red flag or two myself and know a thing or two about how prisons function.  I was simply saying there would be aspects of such a case that would undoubtable draw a little extra scrutiny.  That's unavoidable.  A proxy marriage would probably draw even more scrutiny, and if an in-person marriage was an option, there really isn't much benefit to a proxy marriage that would counter any extra scrutiny it might receive.

[HRQX 4,145]

4 hours ago, Staceyann88 said:

Can I just get married on a regular tourist visa? 

VWP (if eligible) or tourist visa, presumably after spending 14 days in a country like Mexico, Turkey, etc. https://uk.usembassy.gov/visas/immigrant-visa-faqs/

We are traveling to the United States to marry and will return to the United Kingdom after marriage. Do I still need a fiancé(e) visa?

If you will return to your permanent residence you may apply for a tourist B-2 visa, or if eligible, travel visa free under the Visa Waiver Program.  At the time you apply for the visa and/or travel to the United States you will be required to show that you have a residence outside the United States that you do not intend to abandon. There is no set form that this evidence takes as it varies with each person’s circumstances.

4 hours ago, Staceyann88 said:

But what visa can I do in October?

You won't be able to travel directly to the US because CBP will not accept an unconsummated proxy marriage to meet the spouse exception to the Presidential Proclamation:

"the US border control official at the airport said I couldn't because there's a specific rule that foreign spouses who got married online can't enter the US under the current travel ban since it is a loophole that is open to fraudulent use."

Edited June 12, 2021 by HRQX

[Mike E 11,723]

10 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?

Which is why the zoom marriage is the way to go. Don't need permission from Kansas.

[Scandi 3,971]

I believe the case OP is talking about is @mallafri76, she's from Sweden and successfully came to the US on a spousal visa the same year I came here on a K-1 (2016). Her husband had been in prison for quite some time at that point if I'm not mistaken, and still had a few years left on his sentence when she moved here. 

 

Maybe OP can message her and ask for advice in case she needs help with the immigration process itself. But obviously she first need to marry and see her husband in person at the wedding or after the wedding, before they can even start the process. 

[SalishSea 16,804]

14 hours ago, Staceyann88 said:

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?

OP, have you met in person yet?

[Cathi 5,613]

Why do so many people come to this site to ask advice/questions then go on to argue with every last person giving them the correct information just because it isn't what they want to hear?

Asking for an entire forum. 

[Diane and Chris 651]

3 hours ago, Cathi said:

Why do so many people come to this site to ask advice/questions then go on to argue with every last person giving them the correct information just because it isn't what they want to hear?

Asking for an entire forum. 

I so agree, @Cathi  It’s as if they already know what they will do, right or wrong, but they argue just to prove they’re right.  No real interest in sensible or legal ways to do things. 

[Staceyann88 6]

18 hours ago, top_secret said:

If I mentioned "red flags" I meant nothing derogatory by it and certainly wasn't talking down to anyone.   I may have a red flag or two myself and know a thing or two about how prisons function.  I was simply saying there would be aspects of such a case that would undoubtable draw a little extra scrutiny.  That's unavoidable.  A proxy marriage would probably draw even more scrutiny, and if an in-person marriage was an option, there really isn't much benefit to a proxy marriage that would counter any extra scrutiny it might receive.

That's ok. It's easy to misunderstand things sometimes. 

12 hours ago, Jorgedig said:

OP, have you met in person yet?

Yes!!