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Melissa1711

Marrying an inmate in USA on ESTA

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Hello 

I’m from the UK and have a esta visa currently 

I visit my fiancé in prison in USA regularly on this visa and we are now engaged 

I always leave for home after 1-2 weeks only as I have commitments back home and he is obviously incarcerated so my visits are purely to see him 

Am I allowed to marry him on my esta visa and then return home like I’ve done so far? As I’ve read that if you arrive in the USA with intentions of marrying it’s visa fraud and can impact future immigration applications 

In the future my plan would be to stay with him when he’s released but that’s another 5 years away. 
I’ve also read that preplanning a wedding before you’ve arrived is visa fraud? We would have to ask the prison warden so it would definitely require some planning 

I don’t wish to do anything that can jeopardize my chances of living there as he already has a violent criminal past 

I’ve looked into the K-1 visa and I’ve read the criminal record he discloses is stricter than the spousal visa one? 
sorry I am very confused help please thanks 

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Filed: Citizen (apr) Country: Taiwan
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1 hour ago, Melissa1711 said:

In the future my plan would be to stay with him when he’s released but that’s another 5 years away. 

I assume you have consulted an attorney since the nature of his issues could prevent him from petitioning a new immigrant. 

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

August 7, 2022: Wife filed N-400 Online under 5 year rule.

November 10, 2022: Received "Interview is scheduled" letter.

December 12, 2022:  Received email from Dallas office informing me (spouse) to be there for combo interview.

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

January 26, 2023: Wife's Oath Ceremony completed at the Plano Event Center, Plano, Texas!!!😁

February 6, 2023: Wife's Passport Application submitted in Dallas, Texas.

March 21, 2023:   Wife's Passport Delivered!!!!

May 15, 2023 (about):  Naturalization Certificate returned from Passport agency!!

 

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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33 minutes ago, Crazy Cat said:

I assume you have consulted an attorney since the nature of his issues could prevent him from petitioning a new immigrant. 

No not yet as his crime doesn’t fall under the Adam Walsh act however he has a charge of domestic assault 15 years ago which is recorded under a misdemeanor and I have researched and what I’ve found is domestic assault is an issue for the k-1? The fiancé visa? Do you know if the spousal visa is strict on this charge too? I’ve also found some information that the petitioner can show he’s been rehabilitated regarding this and ask for a consideration 

Sorry I’m confused to say the least 

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20 minutes ago, Sammy_2496 said:

Entering the USA to marry and then leave is legal and not fraud. As always, you are at the descretion of the CBP officer you get that day, you would have to prove ties to your home country

Oh yes I have that a lot now as I was open and honest with them that I was purely visiting him in prison and had to show my business and hmrc tax code before leaving London and when I arrived in states I had to do my biometrics so I already feel as if I am on their radar and don’t want to make any mistakes with them at no cost 

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3 hours ago, Melissa1711 said:

Hello 

I’m from the UK and have a esta visa currently 

I visit my fiancé in prison in USA regularly on this visa and we are now engaged 

I always leave for home after 1-2 weeks only as I have commitments back home and he is obviously incarcerated so my visits are purely to see him 

Am I allowed to marry him on my esta visa and then return home like I’ve done so far? As I’ve read that if you arrive in the USA with intentions of marrying it’s visa fraud and can impact future immigration applications 

In the future my plan would be to stay with him when he’s released but that’s another 5 years away. 
I’ve also read that preplanning a wedding before you’ve arrived is visa fraud? We would have to ask the prison warden so it would definitely require some planning 

I don’t wish to do anything that can jeopardize my chances of living there as he already has a violent criminal past 

I’ve looked into the K-1 visa and I’ve read the criminal record he discloses is stricter than the spousal visa one? 
sorry I am very confused help please thanks 

No issues with getting married on ESTA (or tourist visa) then leaving again. 
Several members on VJ have done it successfully (myself included). 
It is also possible to visit after you’ve married a USC with or without a pending I-130. 
But, each entry is at the discretion of CBP.

if you’ve had several successful trips to the US and always returned home I don’t see you having any issues but of course you might be denied entry… 

 

The one problem you might have with being sponsored by your partner is the affidavit of support… you will probably have to get a joint sponsor when you do go through with the spousal visa process. 
 

You can search visajourney for other stories of people being sponsored by their partner in prison. 
 

 

https://www.visajourney.com/sitesearch/
 

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Filed: Citizen (apr) Country: Morocco
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On your next trip to the US u should have an appointment with a US immigration attorney /just a consultation to see what issues would be faced

discuss the following

U do not have to hire one but pay a consultation  fee /ask for the real chances of a spouse visa 

 

1.  What is a valid marriage for immigration purposes?
 
In general, the legal validity of a marriage is determined by the law of the place where the marriage was celebrated (“place-of-celebration rule”). Under this rule, a marriage is valid for immigration purposes in cases where the marriage is valid under the law of the jurisdiction in which it is performed.
 
2.  Is there a need to consummate the marriage ?
3.  Does the prison allow conjugal visits?
The four states that currently allow conjugal visits are California, Connecticut, New York, and Washington.  i believe Ohio also as we had a member asking about this
 
4.  Will you need a joint sponsor ?
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Filed: Citizen (apr) Country: Canada
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~~Moved to What Visa Do I Need, from K1 P&P - the OP is just starting out and looking at options.~~

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Met Playing Everquest in 2005
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Filed 05-09-07
Interview 03-12-08
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Entry 05-06-08
Married 06-21-08
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Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

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Interview 05/29/14

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Oath 09/19/2014 We are all done! All USC no more USCIS

 

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Filed: Citizen (apr) Country: Australia
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3 hours ago, JeanneAdil said:

On your next trip to the US u should have an appointment with a US immigration attorney /just a consultation to see what issues would be faced

discuss the following

U do not have to hire one but pay a consultation  fee /ask for the real chances of a spouse visa 

 

1.  What is a valid marriage for immigration purposes?
 
In general, the legal validity of a marriage is determined by the law of the place where the marriage was celebrated (“place-of-celebration rule”). Under this rule, a marriage is valid for immigration purposes in cases where the marriage is valid under the law of the jurisdiction in which it is performed.
 
2.  Is there a need to consummate the marriage ?
3.  Does the prison allow conjugal visits?
The four states that currently allow conjugal visits are California, Connecticut, New York, and Washington.  i believe Ohio also as we had a member asking about this
 
4.  Will you need a joint sponsor ?

I thought "consummating the marriage" for USCIS purposes is simply "being together in person after marriage". Wouldn't a normal visit in prison qualify? There's no requirement to be alone, spend the night together, etc. 

K1 to AOS                                                                                   AOS/EAD/AP                                                                      N-400

03/01/2018 - I-129F Mailed                                              06/19/2019 - NOA1 Date                                              01/27/2023 - N-400 Filed Online

03/08/2018 - NOA1 Date                                                    07/11/2019 - Biometrics Appt                                   02/23/2023 - Biometrics Appt
09/14/2018 - NOA2 Date                                                    12/13/2019 - EAD/AP Approved                               04/03/2023 - Interview Scheduled

10/16/2018 - NVC Received                                              12/17/2019 - Interview Scheduled                          05/10/2023 - Interview - APPROVED!

10/21/2018 - Packet 3 Received                                      01/29/2020 - Interview - APPROVED!                  OFFICIALLY A U.S. CITIZEN! 

12/30/2018 - Packet 3 Sent                                               02/04/2020 - Green Card Received! 

01/06/2019 - Packet 4 Received                                     ROC - I-751

01/29/2019 - Interview - APPROVED!                           11/02/2021 - Mailed ROC Packet

02/05/2019 - Visa Received                                             11/04/2021 - NOA1 Date

05/17/2019 - U.S. Arrival                                                     01/19/2022 - Biometrics Waived

05/24/2019 - Married ❤️                                                    02/04/2023 - Transferred to New Office

06/14/2019 - Mailed AOS Packet                                    05/10/2023 - APPROVED!

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1 hour ago, beloved_dingo said:

I thought "consummating the marriage" for USCIS purposes is simply "being together in person after marriage". Wouldn't a normal visit in prison qualify? There's no requirement to be alone, spend the night together, etc. 

Correct.   As long as OP and spouse were in each others’ presence, it would be consummated for USCIS purposes.

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It varies wildly from state to state but it is not uncommon for prisons to have some provision for an actual in person marriage ceremony officiated by a prison Chaplin or similar.  In some states there are also charitable and/or religious organizations focused on facilitating maintaining inmate-family relationships that could possibly offer practical assistance.

Wife and Stepdaughter                                                                            

  • December 17, 2020:  Married in Costa Rica
  • March 08, 2021: Filed l-130s Online
  • March 09, 2021: NOA1
  • April 26, 2021: NOA2, I-130s Approved
  • April 30, 2021: NVC Received
  • May 01, 2021: Pay AOS and IV Bills
  • May 06, 2021: Submit AOS, Financial Docs and DS-260s
  • May 14, 2021: Submit Civil Docs for Stepdaughter
  • May 21, 2021: Submit Civil Docs for Wife
  • June 25, 2021: NVC review for Stepdaughter, RFE submit additional Doc
  • July 08, 2021: Wife Documentarily Qualified by NVC
  • August 31, 2021: Stepdaughter Documentarily Qualified by NVC
  • September 15, 2021: Received Interview Date from NVC, October 05, 2021
  • September 22, 2021: Passed physicals at Saint Luke's Extension Clinic
  • October 05, 2021: Interview at US Embassy Manila. Verbally approved by US Consul. Positive interview experience.
  • October 05, 2021: CEAC status changed to "Issued"
  • October 07, 2021: Passports tracking for delivery on 2GO Courier website
  • October 08, 2021: Passports with visas delivered.  "Visas on hand"
  • October 08, 2021: Paid Immigrant Fee
  • October 12, 2021: Temporary CFO Certificates Received
  • October 26, 2021 POE arrival at LAX
  • November 02, 2021 Social Security Cards arrive in mail
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  • February 04, 2022: USCIS Status changed to "Card Was Mailed To Me"
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Filed: Citizen (apr) Country: Morocco
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16 hours ago, Jorgedig said:

Correct.   As long as OP and spouse were in each others’ presence, it would be consummated for USCIS purposes.

USCIS states it falls under the marriage laws of the state it the marriage is legal'

 

https://fam.state.gov/fam/09FAM/09FAM010208.html

 

The underlying principle in determining the validity of the marriage is that the law of the place of marriage celebration controls (except as otherwise noted below).

 

Colorado ,  for example ,  says the following

A party lacked the physical capacity to consummate the marriage by sexual intercourse

under 

Annulment and Prohibited Marriage Laws in Colorado

 

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3 hours ago, JeanneAdil said:

USCIS states it falls under the marriage laws of the state it the marriage is legal'

 

https://fam.state.gov/fam/09FAM/09FAM010208.html

 

The underlying principle in determining the validity of the marriage is that the law of the place of marriage celebration controls (except as otherwise noted below).

 

Colorado ,  for example ,  says the following

A party lacked the physical capacity to consummate the marriage by sexual intercourse

under 

Annulment and Prohibited Marriage Laws in Colorado

 

Do you know what the rules are in Minnesota at all please 

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Filed: Citizen (apr) Country: Taiwan
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20 minutes ago, Melissa1711 said:

Do you know what the rules are in Minnesota at all please 

https://policy.doc.mn.gov/DOCPolicy/PolicyDoc?name=302.140.pdf

 

PURPOSE: To provide guidelines to staff and offenders regarding offender civil marriages.

APPLICABILITY: Staff; all offenders in Minnesota correctional facilities

DEFINITIONS: Marry – enter into a civil marriage in accordance with Minnesota law.

PROCEDURES:

A. An offender who is 18 years of age or older, or is 16 to 17 years of age with parental or guardian consent, may get married while incarcerated subject to the following limitations:

1. An offender may not marry another offender, a DOC employee, a contractor, or an employee of a contractor.

2. The marriage must not pose a threat to the safety and security of a facility, staff, the public, or other offenders.

3. DOC staff must not encourage or assist in the civil marriage in any way.

B. Offenders who want to get married must notify the visiting unit. Visiting unit staff must inform the offender of this policy.

C. Facility staff may refer offenders considering marriage to the facility’s religious or counseling services.

D. Offenders must arrange for an authorized individual to officiate the wedding and for two witnesses who are not offenders.

E. The officiant and any witnesses to the marriage must be on the offender's approved visiting list or obtain approval through the facility’s admittance authorization process.

1. The offender, the officiant, and any visitors must abide by all visiting rules during the ceremony. See Policy 302.100, “Visiting.”

2. Visiting lists are maintained in the correctional operations management system (COMS).

F. Offenders who get married must notify the facility records department of their changed marital status and records staff must document it in the offender’s electronic file.

G. An offender requesting a name change after marriage must comply with Policy 202.130, “Offender Names.”

INTERNAL CONTROLS:

A. Changes in marital status are documented in the offender’s electronic file

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

August 7, 2022: Wife filed N-400 Online under 5 year rule.

November 10, 2022: Received "Interview is scheduled" letter.

December 12, 2022:  Received email from Dallas office informing me (spouse) to be there for combo interview.

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

January 26, 2023: Wife's Oath Ceremony completed at the Plano Event Center, Plano, Texas!!!😁

February 6, 2023: Wife's Passport Application submitted in Dallas, Texas.

March 21, 2023:   Wife's Passport Delivered!!!!

May 15, 2023 (about):  Naturalization Certificate returned from Passport agency!!

 

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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