Getting married to prisoner

[Debby M. 2]

Hi all,

My name is Debby and I am new on this forum.

My fiance is in prison and we want to get married as soon as possible.

I already did a lot of research about the K1 visa and the CR1 but I am confused...

K1 before getting married or CR1 (I-390) after getting married... I would say that the CR1 is the easiest way to get married but I am worried about getting married with an ESTA.

Does anyone have good advise for me?

He is in prison (in Texas) and we have to arrange the wedding before we can get married... So if I travel to America I would have intent to get married...

After getting married I would go back to the Netherlands.

 

Does anyone have experience with this? I really don't know what to do.

 

Thank you   

[Hakkenouw 19]

5 minutes ago, Debby M. said:

Hi all,

My name is Debby and I am new on this forum.

My fiance is in prison and we want to get married as soon as possible.

I already did a lot of research about the K1 visa and the CR1 but I am confused...

K1 before getting married or CR1 (I-390) after getting married... I would say that the CR1 is the easiest way to get married but I am worried about getting married with an ESTA.

Does anyone have good advise for me?

He is in prison (in Texas) and we have to arrange the wedding before we can get married... So if I travel to America I would have intent to get married...

After getting married I would go back to the Netherlands.

 

Does anyone have experience with this? I really don't know what to do.

 

Thank you   

 

You can legally get married on the VWP/ESTA programme and also have the intentions to get married on this programme. However, having the intentions to stay in the US after your marriage is illegal on the VWP/ESTA programme. 

 

So your options are; 1. Fly to the States, get married, fly back to the Netherlands to file for CR-1, and fly back to the States after you have received your CR-1 visa. or 2. Apply for K-1, fly to the States after you have received your K-1 visa, get married and file for AOS in the States.

 

The full traject for both options, more or less, take the same amount of time. However, the CR-1 route has as benefit that you will be a Greencard holder immediately upon arrival in the States.

[Debby M. 2]

Hey Hakkenouw,

Thank you very much for your quick answer.

So it's possible to arrange the wedding with the prison before I go to America to get married with an ESTA. That is great news!

I already bought a return ticket, is that enough prove to show them I would go back again?

What if they ask me if I have intentions to get married by the border?

Sorry for all my questions, I just want to do it right and not get any problems. 

[Hakkenouw 19]

1 minute ago, Debby M. said:

Hey Hakkenouw,

Thank you very much for your quick answer.

So it's possible to arrange the wedding with the prison before I go to America to get married with an ESTA. That is great news!

I already bought a return ticket, is that enough prove to show them I would go back again?

What if they ask me if I have intentions to get married by the border?

Sorry for all my questions, I just want to do it right and not get any problems. 

 

If they ask about your intentions at the border, just be honest and tell them you are going to get married and right after you will return to the Netherlands in order to file for the CR-1 visa.

 

A return ticket by itself might not suffice as "having ties to your home country". The extra evidence you would want to gather are a statement from your employer stating that you are expected back at work at a certain date, and if possible also a copy of your lease contract.

[Debby M. 2]

10 minutes ago, Hakkenouw said:

If they ask about your intentions at the border, just be honest and tell them you are going to get married and right after you will return to the Netherlands in order to file for the CR-1 visa.

 

A return ticket by itself might not suffice as "having ties to your home country". The extra evidence you would want to gather are a statement from your employer stating that you are expected back at work at a certain date, and if possible also a copy of your lease contract.

Alright... the prove that I have connections to the Netherlands will be no problem I guess. I will figure that out.

 

The only thing that bothers me in the border control. I read this on the internet:

When you arrive on a tourist visa, the Customs and Border Protection (CBP) inspection officers at the port-of-entry will ask you the purpose of your travel to the US. You should always be honest and answer all the questions truthfully.

If you state your intent as, "to see the Grand Canyon" and a search of your luggage reveals a wedding dress, be prepared for the inevitable grilling, i.e. secondary inspection and possibly an immediate return to your home country on the next flight.

I don't want to send back home and that's what I am afraid of....

 

[USC1961 251]

You also need to be aware that since your fiance is in prison, that could severely hurt your chances of getting approved.  For various reasons, one being lack of evidence of a bona fide relationship.  Another depending on what he is in prison for.  

[Hakkenouw 19]

10 minutes ago, Debby M. said:

Alright... the prove that I have connections to the Netherlands will be no problem I guess. I will figure that out.

 

The only thing that bothers me in the border control. I read this on the internet:

When you arrive on a tourist visa, the Customs and Border Protection (CBP) inspection officers at the port-of-entry will ask you the purpose of your travel to the US. You should always be honest and answer all the questions truthfully.

If you state your intent as, "to see the Grand Canyon" and a search of your luggage reveals a wedding dress, be prepared for the inevitable grilling, i.e. secondary inspection and possibly an immediate return to your home country on the next flight.

I don't want to send back home and that's what I am afraid of....

 

 

 

As you have correctly found on the internet, rule number one is, to be honest and always answer the questions truthfully.

So if they ask you for your intentions of your trip and you want to get married, tell them honestly that you want to get married.

Again having the intentions to get married on a VWP/ESTA is completely legal, but having the intentions to immigrate on the same programme is illegal and considered immigration fraud. This is also the reason that you need evidence to show sufficient ties to your home country.

 

The only reason the border officer will send you back to the Netherlands immediately upon arrival in the States is him thinking that you have insufficient ties to your home country and would want to immigrate on a non-immigration programme. At the end of the day, the border officer has the authority to let you into the country or to send you back home. 

Edited January 26, 2017 by Hakkenouw

[Debby M. 2]

1 minute ago, Cruise77 said:

You also need to be aware that since your fiance is in prison, that could severely hurt your chances of getting approved.  For various reasons, one being lack of evidence of a bona fide relationship.  Another depending on what he is in prison for.  

Hi Cruise77,

Thank you for your reply.

He is in prison for murder... I know people say that I am crazy but there is evidence that he handled in self-defense. He is not a cold-hearted-murderer. 

[Hakkenouw 19]

6 minutes ago, Debby M. said:

Hi Cruise77,

Thank you for your reply.

He is in prison for murder... I know people say that I am crazy but there is evidence that he handled in self-defense. He is not a cold-hearted-murderer. 

 

 

 

Alright, this information does make your case a whole lot more difficult. Did you know him before he was imprisoned? Have you thought about the evidence to show it is a bona fide relationship? Have you thought about your co-sponsors with him, presumably, not having enough income?

Edited January 26, 2017 by Hakkenouw

[Debby M. 2]

18 minutes ago, Hakkenouw said:

Alright, this information does make your case a whole lot more difficult. Did you know him before he was imprisoned? Have you thought about the evidence to show it is a bona fide relationship? Have you thought about your co-sponsors with him, presumably, not having enough income?

To answer your question, no I haven't know him before he was prisoned. He is in prison for almost 13 years now. 

I think we have enough evidence to prove that we are very serious about it.

The sponsors... Well that's a thing we haven't arrange it yet. His parents both passed away and we have to search someone else to 'support' me. We are working on it, I told him yesterday about it 

[vocal 41]

Be prepared for an extremely difficult case - I would actually strongly advise hiring an attorney in your specific situation.

A prisoner who was convicted with murder and has been in prison for over 12 years, and has no parents... Sorry for the circumstances but it is going to be a long journey. 

 

Make sure it is 100% your decision and your desire and only then start the process.

Edited January 26, 2017 by vocal

[Debby M. 2]

2 minutes ago, vocal said:

Be prepared for an extremely difficult case - I would actually strongly advise hiring an attorney in your specific situation.

A prisoner who was convicted with murder and has been in prison for over 12 years, and has no parents... Sorry for the circumstances but it is going to be a long journey. 

 

Make sure it is 100% your decision and your desire and only then start the process.

Thank you.

I know it will be a very difficult journey and it will take some time. But we would like to take the change.

Before I hire a lawyer I just want to do some research and advise from other people.

 

Hopefully I can speak to someone who is in the same situation 

[vocal 41]

4 minutes ago, Debby M. said:

Thank you.

I know it will be a very difficult journey and it will take some time. But we would like to take the change.

Before I hire a lawyer I just want to do some research and advise from other people.

 

Hopefully I can speak to someone who is in the same situation 

Best of luck to you

[Therealworld 90]

Best of luck as well.

[C-ma'am 684]

**Post moved from K1 to What Visa do I need?  Where similar topics are discussed.