Marrying an inmate in USA on ESTA

[Melissa1711 2]

16 hours ago, Crazy Cat said:

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

Would you think I’m ok about the no sex validity based on this information as that’s thrown me a bit lol 😂 

[Melissa1711 2]

10 hours ago, OldUser said:

Again, the same principle applies here - don't volunteer information unless asked 

 

Jokes aside, yes only send decent photos, preferably not just selfies, but from events with friends and relatives.

 

@Melissa1711 you may have some evidence of visitations arranged etc. I don't have experience but can imagine you have to deal with approvals from facility etc. Perhaps these could be used as evidence of bonafide relationship?

Also all our visit photos are professionally taken by the prison I’ve got plenty of them and he proposed to me in one of our pictures but we take the pictures for our own memories which is cute but now I’m thinking that was a bonus as obviously I’m not allowed my phone inside the prison and wouldn’t have had that to show! 

[JeanneAdil 6,203]

20 hours ago, Crazy Cat said:

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.e 

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

knowing the state is what was needed

follow crazycats post after u check what is needed for the spouse visa like the fiancial requirements

a possible cosponsor

a long AP for the domestic violence and a possible waiver needed

 

that's why i say contact a US immigration attorney on next visit and tell him/her all the info as u need legal advice

Edited March 26, 2023 by JeanneAdil

[Melissa1711 2]

1 hour ago, JeanneAdil said:

knowing the state is what was needed

follow crazycats post after u check what is needed for the spouse visa like the fiancial requirements

a possible cosponsor

a long AP for the domestic violence and a possible waiver needed

 

that's why i say contact a US immigration attorney on next visit and tell him/her all the info as u need legal advice

I’ve emailed a couple of places for a consultation they’re based in Minnesota would you think getting one there would be better than the Uk I thought as he’s the petitioner in Minnesota an attorney from there would be better? 

[JeanneAdil 6,203]

1 hour ago, Melissa1711 said:

I’ve emailed a couple of places for a consultation they’re based in Minnesota would you think getting one there would be better than the Uk I thought as he’s the petitioner in Minnesota an attorney from there would be better? 

A US IMMIGRATION  attorney 

i doubt one from England would read the daily  US Federal Registry to  keep up with rules, laws and changes in US fees/  its a lengthy read

[OldUser 4,820]

1 hour ago, Melissa1711 said:

I’ve emailed a couple of places for a consultation they’re based in Minnesota would you think getting one there would be better than the Uk I thought as he’s the petitioner in Minnesota an attorney from there would be better? 

There's 99.9% chance an attorney in the UK doesn't have a bar in US and thus cannot represent you legally.

 

Here you can search the attorneys:

 

https://www.americanbar.org/groups/legal_services/flh-home/flh-bar-directories-and-lawyer-finders/

 

 

[Boiler 43,450]

There are US Immigration Lawyers based in the UK, makes sense when you think of it. One based in Brighton does a lot of Family cases, the London based ones are probably more Business orientated. 

 

https://www.us-visa.co.uk/

[Boiler 43,450]

He began practicing with a small Washington, DC firm.  He then joined the Immigration and Naturalization Service (INS) in New York, and later Newark, before returning to legal practice with the New York Association for New Americans (NYANA), a New York-based non-profit organization.  He subsequently returned to the government, taking positions with US Citizenship & Immigration Services (USCIS) headquarters in Washington, DC.  In 2006, he relocated to the UK where, after a brief foray into private client representation with the Brighton solicitors firm of Burt, Brill & Cardens, he rejoined USCIS as an adjudicator at the US Embassy in London.   He left USCIS to join the London firm of Gudeon & McFadden, before establishing his own practice on the south coast of England. In addition to being Director of Heller Immigration Law, Ltd., Steven is Of Counsel to Chavin Immigration Law Office in London. Steven has experience in representing individuals and businesses in matters ranging from family- and business-based immigration to inadmissibility waivers and protection issues, as well as citizenship and naturalization.

A 1991 graduate of the Georgetown University Law Center and a member of the New York Bar, he has spoken on US immigration matters before various groups and associations, including the American Bar Association, the American Academy of Adoption Attorneys, the American Immigration Lawyers Association (AILA), and community groups.

He has been quoted in UK media and appeared on CNN as an expert in US immigration law.  He has published articles on US immigration including articles in Benders Immigration Bulletin, Immigration Briefings, AILA’s Immigration Today, and the Solicitor’s Journal (UK). 

Steven D. Heller is a member of the American Immigration Lawyers Association (AILA) and the New York City Bar Association. Dividing his time between his family in New York and his office in Lewes, he is currently co-chair of the AILA National Department of State Liaison Committee.

Contact Steven directly: sheller@us-visa.co.uk

[SalishSea 16,776]

On 3/26/2023 at 2:26 AM, Melissa1711 said:

I have his family that would be my affidavit of support but would I need to reside with them? Where it would ask about address I would be living at I wouldn’t have one as I would be back home in uk pending the I-130 

that but confuses me as I thought if I got approved I would get us a place to live to get it all sorted for parole to approve his release but I can’t do that until I become a resident and approved? 

Under normal circumstances, spousal visas take up to two years.  Yours will very likely take much longer, so you won't be living in the US for several years.  He will need someone eligible and willing to be a joint sponsor.  You don't need to live the joint sponsor.