Getting married to prisoner

[Boiler 45,520]

5 minutes ago, steph&max said:

Yea I know that, but you cannot tell an IMMIGRATION OFFICER at the airport that is the reason of your travel. They'll send you right back!

You will find many cases on here where people have visited to marry and had no issue.

[geowrian 22,337]

Just now, steph&max said:

I'm not advising to not be honest, I'm just saying that if that is the intent, then go the legal way of K1. They can easily deny entry for that reason.

K-1 is one option, sure. It's not the only legal option to visit him, though. And yes, they can deny due to not having sufficient ties to her returning country...of which intending to marry hurts her case. That's a call for her to make, though.

[Prystine 184]

27 minutes ago, steph&max said:

I'm not advising to not be honest, I'm just saying that if that is the intent, then go the legal way of K1. They can easily deny entry for that reason.

the K1 is for marrying with the Intent to STAY & Immigrate, not just to come here to get married. The intent of the K1 is for immigration purposes. It's perfectly legal to come on a visitor visa or vwp get married and then go back to your home country. There is a difference between the two. 

[Corey911 37]

my suggestion - wait until he is out of the jail, meet at least one time in person, have him find a job and then immigrate. Life isn't bed of roses, especially during immigration process and your fiance's situation. (please not in any case confider my advice as a judgement or offence. thank you!)

Wish  you best!

[Hakkenouw 19]

29 minutes ago, steph&max said:

I'm not advising to not be honest, I'm just saying that if that is the intent, then go the legal way of K1. They can easily deny entry for that reason.

K1 is the legal way if you intend to immigrate immediately after your wedding. If you have the intentions of returning to your home country, either to file for CR1 or to remain in the home country for good, you are legally allowed to marry on a VWP.

[geowrian 22,337]

10 minutes ago, Prystine said:

the K1 is for marrying with the Intent to STAY & Immigrate, not just to come here to get married. The intent of the K1 is for immigration purposes. It's perfectly legal to come on a visitor visa or vwp get married and then go back to your home country. There is a difference between the two. 

Not entirely correct...K-1 is a dual intent visa. It permits a visit with intention to marry *and* the intent to immigrate. You aren't obligated to stay in the US.

[BethyWink 96]

Yep what everyone is saying is correct.   We got married on a tourist visa because we thought I was going to move to Denmark instead of the opposite.  It is only illegal to do this if you have intent to STAY in America.  But my husband had a lease, school, and a job to go home to, so there was no issue.  (And he did leave America as stated, so if this is brought up in immigration process, we broke no laws) 

 

[jjbandero 39]

Just want to point out that if you get a co-sponsor, make sure they know what they're signing up for i.e. they are on the hook for financial support until you have worked for 40 quarters, becomes a citizen or dies. You definitely want to find someone who understands and is willing to do this, the last thing you want is someone who is not clear on the requirements and decides to pull their support at the last minute. 

[kandikandi 31]

1 minute ago, BethyWink said:

Yep what everyone is saying is correct.   We got married on a tourist visa because we thought I was going to move to Denmark instead of the opposite.  It is only illegal to do this if you have intent to STAY in America.  But my husband had a lease, school, and a job to go home to, so there was no issue.  (And he did leave America as stated, so if this is brought up in immigration process, we broke no laws) 

 

I think you should be careful in saying that you broke no laws.  The visa type you were granted was specific to the reason for entering the US border.  If you came to the US for any reason other than simply to visit, it is seen as fraud.  I know personally of people who have done this and their cases, while successful, was definitely scrutinized more than usual.  Many people do marry on a tourist visa and leave to file CR1, but the truth of the matter is, CR1 is really for spouses who married outside of the US and would like to join their spouse in the US, and K1 visa is for spouses who wish to join their fiances in the US and allowed legal stay until they can get documented residency.  Please be careful what you advise on the forum.

[Brit1 54]

5 minutes ago, kandikandi said:

I think you should be careful in saying that you broke no laws.  The visa type you were granted was specific to the reason for entering the US border.  If you came to the US for any reason other than simply to visit, it is seen as fraud.  I know personally of people who have done this and their cases, while successful, was definitely scrutinized more than usual.  Many people do marry on a tourist visa and leave to file CR1, but the truth of the matter is, CR1 is really for spouses who married outside of the US and would like to join their spouse in the US, and K1 visa is for spouses who wish to join their fiances in the US and allowed legal stay until they can get documented residency.  Please be careful what you advise on the forum.

This is wrong - you can get married while visiting on a tourist visa. Just because one gets married, it doesn't mean one isn't "visiting".

[Boiler 45,520]

10 minutes ago, kandikandi said:

I think you should be careful in saying that you broke no laws.  The visa type you were granted was specific to the reason for entering the US border.  If you came to the US for any reason other than simply to visit, it is seen as fraud.  I know personally of people who have done this and their cases, while successful, was definitely scrutinized more than usual.  Many people do marry on a tourist visa and leave to file CR1, but the truth of the matter is, CR1 is really for spouses who married outside of the US and would like to join their spouse in the US, and K1 visa is for spouses who wish to join their fiances in the US and allowed legal stay until they can get documented residency.  Please be careful what you advise on the forum.

Simply not true.

[BethyWink 96]

9 minutes ago, kandikandi said:

I think you should be careful in saying that you broke no laws.  The visa type you were granted was specific to the reason for entering the US border.  If you came to the US for any reason other than simply to visit, it is seen as fraud.  I know personally of people who have done this and their cases, while successful, was definitely scrutinized more than usual.  Many people do marry on a tourist visa and leave to file CR1, but the truth of the matter is, CR1 is really for spouses who married outside of the US and would like to join their spouse in the US, and K1 visa is for spouses who wish to join their fiances in the US and allowed legal stay until they can get documented residency.  Please be careful what you advise on the forum.

 

Not true, unless you have intent to STAY in America.   My husband had school, work, and belongings back in Denmark, and had (and still has) reasons to go back home.   Your Visa can not control what you do once you are here, as long as it is not generating some form of income. (As this becomes a tax issue, which is why you need a special visa)  

 

Entering the United States for the purpose of finding a spouse and then filing for a change of status is visa fraud. 

 

http://www.alllaw.com/articles/nolo/us-immigration/can-you-get-married-visitor-visa.html#

[LionessDeon 2,060]

4 hours ago, Transborderwife said:

Meeting in person is considered consummation for USCIS.  It's been discussed here before.  As long as they don't marry by proxy.

 

 

2 hours ago, Shiobhan said:

You can get marry and return home for the process

however will the CO consider it bonafide

do you truly know the person, its not like you were together before the crime

Is the Texas prison one that allows conjunctal visits.

The marriage must be consumated (no proxy for that) to be valid for uscis

prior arrangements nust be made with TDJC for the wedding

If questioned by CBP of reason to visit all facts must be disclosed

He will need affidavit of support & co-sponsor

Can I ask what are the ages here

This has already been discussed here.

[N-o-l-a 7,167]

So much misinformation in this thread.  You can marry in the US on a tourist visa as long as you don't have intent to adjust status before entering the country.

 

You can marry and be allowed to immigrate with a spouse in a US prison with most crimes one can be convicted of.  AWA crimes, like rape and domestic violence would create issues.

 

Personally, for the OP, I'd recommend a CR1 if you are committed to doing this.  It will protect your rights, make your transition smoother, and you'll be able to work right away (or from the date you apply for the SSN, which can be close to right away).

 

One warning is that I've now known off VJ and on VJ several European women who've been penpaling with a US prisoner that either breaks up a current relationship or becomes a marriage type situation that might not end well.  I don't want to lecture, but just be prudent with it, please?  Right now he's a captive audience and in an extraordinary situation that would cause any man to behave in ways not typical.  

[Prystine 184]

2 hours ago, geowrian said:

Not entirely correct...K-1 is a dual intent visa. It permits a visit with intention to marry *and* the intent to immigrate. You aren't obligated to stay in the US.

I never said that they had to stay on a k1 visa, but the intent for the k1 is for immigration purposes so yes my statement was correct, you are saying the same exact thing I said.