VERY difficult situation - please help!

[DaFools 0]

Hi everyone,

Me and my husband are in quite a difficult situation...

I got to know him 10 years ago through mail correspondance, he was/is serving a very long prison sentence.

After many many letters and phone calls over the years we fell in love. At the time however I felt I couldn't marry a man in prison. Instead, I decided to go pursue an University degree in the state he's in. So I am currently in the United States on an F1 visa, and still have a little over a year left before it expires.

During my time here we've gotten a chance to see each other on a regular basis, and fall if even possible more in love and as crazy as it may seem to others - we got married two months ago.

Waiting to file an AOS until he gets out is not an option - I prefer not to go into details on what he's in for or specifically how long - just trust that it's a looooong time.

I have been told by the U.S. Embassy in my home country that a U.S. citizen can apply for both I-130 and AOS for their spouse though being incarcerated (what matters is that the spouse, in this case myself, has no criminal record - which I don't!)

Now, as you all probably understand we cannot show proof of joint bank accounts, apartment etc etc. We do have 1-2 people in his family willing to sponsor me.

Have anyone out there ever heard of a situation like this before? How did it turn out? Please please help!

[vett 6]

Hi everyone,

Me and my husband are in quite a difficult situation...

I got to know him 10 years ago through mail correspondance, he was/is serving a very long prison sentence.

After many many letters and phone calls over the years we fell in love. At the time however I felt I couldn't marry a man in prison. Instead, I decided to go pursue an University degree in the state he's in. So I am currently in the United States on an F1 visa, and still have a little over a year left before it expires.

During my time here we've gotten a chance to see each other on a regular basis, and fall if even possible more in love and as crazy as it may seem to others - we got married two months ago.

Waiting to file an AOS until he gets out is not an option - I prefer not to go into details on what he's in for or specifically how long - just trust that it's a looooong time.

I have been told by the U.S. Embassy in my home country that a U.S. citizen can apply for both I-130 and AOS for their spouse though being incarcerated (what matters is that the spouse, in this case myself, has no criminal record - which I don't!)

Now, as you all probably understand we cannot show proof of joint bank accounts, apartment etc etc. We do have 1-2 people in his family willing to sponsor me.

Have anyone out there ever heard of a situation like this before? How did it turn out? Please please help!

never dealt with this kind of situation before, but i just wanted to say congratulations on

your marriage, and i really hope it all works out for you and your husband. the reason he is

in prison is nobody's business. what matters is that u met and fell in love, and now u need to be

there and support your husband, and if anyone of the experts in here can advise you i'm sure

that they will. good luck

[Brother Hesekiel 2,236]

Yes, I've heard of a case like this before.

First issue would be the affidavit of support. You mentioned that you have two family members ready to take care of that, so that's out of the way. The second issue is that people usually get married because they love each other and want to be with one another. Let's assume you two are both in love and want to be with one another as well. The first part is the easy one, the second part impossible if he's going to be in the big house for a long time to come.

However, while it's nowhere spelled out that people have to be in love to get married (maybe a 90 year-old billionaire is just in love with a 30 year-old blonde with big boobs who in turn is just in love with his billions -- think Anna Nicole Smith), people often marry for ulterior reasons. That can be convenience, in order to avoid loneliness, security, a fetish, or for immigration benefits.

USCIS now wants to make sure that the beneficiary is not just marrying the petitioning spouse for the latter reason, and you will have to make a case that that's not the case. In plain English, you'll have to assume that they'll be looking at your AOS petition very closely, through a magnifying glass, and I would also assume that you may encounter an I.O. who might just look for a way to deny it.

So is it possible that this will work? Yes. Is it possible that it won't? Yes.

I would love to see what JimVaPhuong has to contribute here, as that seems to be right up his alley.

Lycka till!

Edited March 2, 2011 by Just Bob

[JimVaPhuong 4,863]

I don't want to get too nosy here, but it may indeed be important what he was convicted of. If he was convicted of any sort of sexual crime against a minor, or any crime covered by the Adam Walsh Act, then he's not eligible to submit an I-130. No I-130 means no green card.

Second question is if the marriage has been consummated. If not then USCIS might not recognize it.

Third is the discretionary aspect of AOS. The primary purpose of issuing immediate relative visas is family unification. If he's going to be in jail for the rest of his life then this family will never be unified, which pretty much defeats the purpose of allowing his spouse to immigrate.

Anyway, let's get the first questions answered first. If this isn't an AWA case then I'll spend some time researching the other aspects.

[DaFools 0]

Thanks for all the replies!

Yes, not being able to live with each other (even in the future) is a huge issue, I realize that. But living in Sweden would mean seeing my husband MAYBE twice a year. Living here means twice a month. Of course that most likely won't matter to USCIS.

He has not been convicted of any sexual crime against a minor nor any crime covered by the AWA!

What exactly does USCIS define as consumated marriage? Sex? In that case, is there ever any proof that 'normal' couples have chosen to have sex - or is that just what's expected of them?

Cause, no, we are not allowed to 'consumate our marriage' by sexual acts. However, I do know that many prisons don't allow anything but 'proxy weddings' and I know it's impossible to file based on a proxy marriage - HOWEVER our marriage is not by proxy. It was at the prison, we had a minister + two of my husbands familymembers present and pictures to show it.

That's what I'm so afraid of, our application being rejected simply because they believe I've married an inmate just to stay in the country. Because that is most definitely not true! Like I mentioned before, I have known this man for almost 10 years - with letters to show it. I'm able to provide numerous phonelists (we talk at least 30 hours every month!) etc etc...

Would it be smarter (of course there is never any guarantee - I realize that) to have me apply for a longer student visa (when this one expires - cause I have way many more courses I can take) and then wait to file the AOS until we've been married for 2 years?

Edited March 3, 2011 by DaFools

[Fandango 1,440]

OP, how long is left on his sentence?

[Boiler 45,948]

This is not the first time I have seen this sort of case, do a search.

[Krikit 1,165]

There was a Canadian VJ'er who was allowed to marry an inmate and adjust status. I have a feeling she requested all her posts be removed, though. But I will try to find them.

[JimVaPhuong 4,863]

What exactly does USCIS define as consumated marriage? Sex? In that case, is there ever any proof that 'normal' couples have chosen to have sex - or is that just what's expected of them?

Yes, it means sex. In most US states, being unable or unwilling to have sex are grounds to have a marriage annulled. For most legal purposes, an annulled marriage never happened.

According to the I-130 instructions, both husband and wife must have been present at the marriage ceremony (i.e., not a proxy wedding), and the marriage must have been consummated. This second requirement may be a dead stop for you.

[Krikit 1,165]

According to the I-130 instructions, both husband and wife must have been present at the marriage ceremony (i.e., not a proxy wedding), and the marriage must have been consummated. This second requirement may be a dead stop for you.

Which confuses me because: 1) How did that Candian girl get approved in the same situation?; and 2) What about spouses who are not physically able to consummate?

Not asking you to answer my questions, Jim. It's just the thoughts which crossed my mind.

In any event.....

DaFools.... you may want to take a look at this website. You will probably find others in your situation. Unfortunately, the Canadian who went through this appears to have had all her threads removed, so I cannot link you to them.

[sciencenerd 56]

Yes, it means sex. In most US states, being unable or unwilling to have sex are grounds to have a marriage annulled. For most legal purposes, an annulled marriage never happened.

According to the I-130 instructions, both husband and wife must have been present at the marriage ceremony (i.e., not a proxy wedding), and the marriage must have been consummated. This second requirement may be a dead stop for you.

I thought that the marriage only had to be consummated *if* it was a proxy marriage.

"A husband or wife, if you and your spouse were not both physically present at the marriage ceremony, and the marriage was not consummated." I read this to mean that a proxy marriage is not valid unless it has been consummated, but that it doesn't apply to marriages where both parties were present. Since the OP was present for the wedding, this does not apply to her. Am I not reading this correctly?

[Deputy Purple 1,294]

If he was convicted of any sort of sexual crime against a minor, or any crime covered by the Adam Walsh Act, then he's not eligible to submit an I-130. No I-130 means no green card.

Jim,

Unless something has changed that is not the case. AWA Filers require a lot of additional evidence of rehabilitation but are able to get I-130 Petitions approved.

[Fandango 1,440]

Oh, I just noticed where the OP said she'd rather not go into details as to how long is left on his sentence.

I think you're in for a very bumpy ride, OP. If I worked for USCIS, I'd have a hard time approving this prima facie.

[DaFools 0]

That's what I'm afraid of!

But there are two choices... Either apply for AOS and risk it being denied or go back home after my visa expires and see my husband only twice a year. It would be one thing if say the AOS was denied and I would still be guaranteed to travel back and forth to the U.S. without the possibility of them denying me entrance because of a previously denied visa-petition but if there's one thing I've learned it's that there are no guarantees. Damn!

Thanks for everyones replies, I really appreciate it!

[JimVaPhuong 4,863]

I thought that the marriage only had to be consummated *if* it was a proxy marriage.

"A husband or wife, if you and your spouse were not both physically present at the marriage ceremony, and the marriage was not consummated." I read this to mean that a proxy marriage is not valid unless it has been consummated, but that it doesn't apply to marriages where both parties were present. Since the OP was present for the wedding, this does not apply to her. Am I not reading this correctly?

You're probably reading it correctly, and I'm probably guilty of reading it too quickly before my first morning cup of coffee.