wedding between us citizen inmate / foreign fiancée

[dings 1]

i am not sure, in which forum i should post it exactly - so i post it in different ones - i am sorry.

my fiancé is an american inmate (illinois), we have contact since almost 10 years (through mail, phone, visits) and want to get married. i first thought it is not possible to marry while he's in custody, since i'm from abroad (switzerland). but people told me different.

(and we anyway better do start with the whole process yet - so we will be able to be together as soon as he is out in 2013....)

how do you think we should start now - i thought we HAVE to do the I-129F.... and i thought we then will somehow be able to arrange with the prison that they do it within the 90 days... i still would have a longer time-frame, since after approval of the fiancée visa i would have 6 month until i have to enter the country - and THEN the 90 days do start..... so we would have 9 month to get the wedding arranged through the prison. and the prison itself (even county clerk) told me it could even be done within 60 days.... i am SO glad that we at least have a prison who approves the wedding without putting bigger rocks onto our way!

but USCIS could be the ones who put the big huge rock into our way:

please read this thread and you will see our situation:

http://www.prisontalk.com/forums/showthread.php?t=503635

can anyone suggest which way would be best for us to go....? for example if it would be better to first marry - and then apply I-130?

i appreciate every help !

Edited September 19, 2010 by dings

[RICARDO4EVA2 194]

i am not sure, in which forum i should post it exactly - so i post it in different ones - i am sorry.

my fiancé is an american inmate (illinois), we have contact since almost 10 years (through mail, phone, visits) and want to get married. i first thought it is not possible to marry while he's in custody, since i'm from abroad (switzerland). but people told me different.

(and we anyway better do start with the whole process yet - so we will be able to be together as soon as he is out in 2013....)

how do you think we should start now - i thought we HAVE to do the I-129F.... and i thought we then will somehow be able to arrange with the prison that they do it within the 90 days... i still would have a longer time-frame, since after approval of the fiancée visa i would have 6 month until i have to enter the country - and THEN the 90 days do start..... so we would have 9 month to get the wedding arranged through the prison. and the prison itself (even county clerk) told me it could even be done within 60 days.... i am SO glad that we at least have a prison who approves the wedding without putting bigger rocks onto our way!

but USCIS could be the ones who put the big huge rock into our way:

please read this thread and you will see our situation:

http://www.prisontalk.com/forums/showthread.php?t=503635

can anyone suggest which way would be best for us to go....? for example if it would be better to first marry - and then apply I-130?

i appreciate every help !

you you can get married as approved my the prison... however from the eyes of uscis with the huge rock how do you prove to them the relationship was made (official) by con·sum·mating? when you guys dont live together..? You best wait until he is out of prison to file ANY forms.. You can get married yes.. but the period where he was away "locked up" may not do much since a true relationship doesnt exist.

Good Luck

[Brother Hesekiel 2,236]

Since you can't really be together with your husband, and in light of the sure-fire obstacles when removing conditions 2 years into the marriage, why don't you get married once he's a free man again? I will read your answer like a USCIS immigration officer would, and my response to it will give you valuable feedback on how to proceed.

[canadian_wife 1,822]

Living together and proof of con-sum-mation is not a requirement for petitioning. There was a Canadian beneficiary who was approved with an inmate currently incarcerated

What was the man's crime? This will determine if he is eligible to petition. Also, you cannot file the I-129F for the fiance visa unless you have met him, have you met him

To marry an inmate, you must have permission from the prison

Good luck

[canadian_wife 1,822]

Have you met him, face to face? Valid question if he is in the clink

Meeting in person is a requirement for the I-129F fiance visa

Good luck

[dings 1]

you you can get married as approved my the prison... however from the eyes of uscis with the huge rock how do you prove to them the relationship was made (official) by con·sum·mating? when you guys dont live together..? You best wait until he is out of prison to file ANY forms.. You can get married yes.. but the period where he was away "locked up" may not do much since a true relationship doesnt exist.

Good Luck

thank you for your reply!

what i learned is that we better NOT wait until he is out of prison. because even then it most probably might take very long until we are through with everything. and we really would love to be able to be in the same country when he gets released....

and yes - the period while one is locked up already is a true relationship for them as well - since even uscis and state department people (not to speak from all the forum people who can prove) told me that there were and are aliens getting immigration through marriage to an inmate.

of course you have to provide evidence of this. but this shouldn't be a problem if you really have a relationship.

the question actually is no more if it is possible - the question now is which way to go.... via I-129F or first wedding and then file I-130.....

Living together and proof of con-sum-mation is not a requirement for petitioning. There was a Canadian beneficiary who was approved with an inmate currently incarcerated

What was the man's crime? This will determine if he is eligible to petition. Also, you cannot file the I-129F for the fiance visa unless you have met him, have you met him

To marry an inmate, you must have permission from the prison

Good luck

it was murder when he was 17 - you can read more about it in my posted link. but since even death row inmates made it i really want to try (my man will be released in 3 years).

yes i have met him - even recently.

and also do we have the permission from prison and county clerk.

and providing a co-sponsor is no problem as well.

would you suggest me to go via I-129F still - or maybe better via wedding and then filing I-130, what do you think...?

[dings 1]

Since you can't really be together with your husband, and in light of the sure-fire obstacles when removing conditions 2 years into the marriage, why don't you get married once he's a free man again? I will read your answer like a USCIS immigration officer would, and my response to it will give you valuable feedback on how to proceed.

because it would make time run so much faster if i would be able to live and work close to him - being able to visit him every week (and not only once a year).

please also read my answers to RICARDO4EVA2 and canadian_wife in my other thread:

thank you for your reply!

what i learned is that we better NOT wait until he is out of prison. because even then it most probably might take very long until we are through with everything. and we really would love to be able to be in the same country when he gets released....

and yes - the period while one is locked up already is a true relationship for them as well - since even uscis and state department people (not to speak from all the forum people who can prove) told me that there were and are aliens getting immigration through marriage to an inmate.

of course you have to provide evidence of this. but this shouldn't be a problem if you really have a relationship.

the question actually is no more if it is possible - the question now is which way to go.... via I-129F or first wedding and then file I-130.....

it was murder when he was 17 - you can read more about it in my posted link. but since even death row inmates made it i really want to try (my man will be released in 3 years).

yes i have met him - even recently.

and also do we have the permission from prison and county clerk.

and providing a co-sponsor is no problem as well.

would you suggest me to go via I-129F still - or maybe better via wedding and then filing I-130, what do you think...?

[RICARDO4EVA2 194]

thank you for your reply!

what i learned is that we better NOT wait until he is out of prison. because even then it most probably might take very long until we are through with everything. and we really would love to be able to be in the same country when he gets released....

and yes - the period while one is locked up already is a true relationship for them as well - since even uscis and state department people (not to speak from all the forum people who can prove) told me that there were and are aliens getting immigration through marriage to an inmate.

of course you have to provide evidence of this. but this shouldn't be a problem if you really have a relationship.

the question actually is no more if it is possible - the question now is which way to go.... via I-129F or first wedding and then file I-130.....

if you're not married then it would be I-129... and if you get marrried then the I-130 is required

[desert_fox 32]

He may need a co-sponser....

[RICARDO4EVA2 194]

thank you for your reply!

what i learned is that we better NOT wait until he is out of prison. because even then it most probably might take very long until we are through with everything. and we really would love to be able to be in the same country when he gets released....

and yes - the period while one is locked up already is a true relationship for them as well - since even uscis and state department people (not to speak from all the forum people who can prove) told me that there were and are aliens getting immigration through marriage to an inmate.

of course you have to provide evidence of this. but this shouldn't be a problem if you really have a relationship.

the question actually is no more if it is possible - the question now is which way to go.... via I-129F or first wedding and then file I-130.....

it was murder when he was 17 - you can read more about it in my posted link. but since even death row inmates made it i really want to try (my man will be released in 3 years).

yes i have met him - even recently.

and also do we have the permission from prison and county clerk.

and providing a co-sponsor is no problem as well.

would you suggest me to go via I-129F still - or maybe better via wedding and then filing I-130, what do you think...?

your BEST and probably must successful attempt would be to give it a shot at the I-130. The I-129 is like askin you... if your fiance is locked.. who do u plan to go to the usa to be with. The I-130 is the strongest it seems. So if you insist on being together then the get married and send off the docs...now you'd be at the interview solo tryin to explain to some IO that your hubby has been in jail for the last 7 years. we been married fir 8 months and he should be released in the next 2 years 2 months.

[RICARDO4EVA2 194]

He may need a co-sponser....

its a must that a co-sponsor or other be joined to the filed case because the Sponsor isnt working and even if he's employed in jail.. it's nothin even close. The Wife if in the usa isnt supposed to wrk unless she's auth. to so any income she has wont be counted.

[Kathryn41 3,205]

duplicate threads from the K-1 forum and the K-3 forum have been moved here and merged with the existing thread in the Bringing Family Members of US Citizens to America forum as the OP is not sure which visa process to pursue and this is the most applicable forum for her circumstances. Duplicate posts have also been removed.

[NigeriaorBust 4,087]

Consummation of the marriage is only required when one of the parties is not present at the marriage. I think if they are both there ( even if separated ) then it is not required. That being said. Proof of meeting would exist in the visitation logs but I am not sure if you have a copy of those. You know you will have to find someone to co sponsor as inmate wages are way way below those required for sponsorship.

[ThaitoUSA 15]

it was murder when he was 17 - you can read more about it in my posted link. but since even death row inmates made it i really want to try (my man will be released in 3 years).

Would someone who has been convicted of murder be able to successfully petition for a K-1 visa? I recall it being a question that must be answered on the I-129F: Is it grounds for denial or just a declaration to notify the visa beneficiary?

[desert_fox 32]

Consummation of the marriage is only required when one of the parties is not present at the marriage. I think if they are both there ( even if separated ) then it is not required. That being said. Proof of meeting would exist in the visitation logs but I am not sure if you have a copy of those. You know you will have to find someone to co sponsor as inmate wages are way way below those required for sponsorship.

I thought you got the big bucks making license plates.....