Can a death row inmate petition his spouse?

[geowrian 22,337]

29 minutes ago, SianEdwardEvans said:

I found this information on an ask a lawyer questions site,  has a tone heard of this?

Yes, this is correct (and matches what the general consensus on this thread has been). The 6 month AOS timeline is outdated (it's closer to 6-10+ months now, IIRC), though. And there is no strict requirement that marriage has to be consummated in traditional terms. USCIS doesn't really dig into that kind of stuff. The prison visits should be sufficient for their purposes.

[SianEdwardEvans 2]

4 minutes ago, geowrian said:

Yes, this is correct (and matches what the general consensus on this thread has been). The 6 month AOS timeline is outdated (it's closer to 6-10+ months now, IIRC), though. And there is no strict requirement that marriage has to be consummated in traditional terms. USCIS doesn't really dig into that kind of stuff. The prison visits should be sufficient for their purposes.

Thank you kindly 

[Jenilyn and Awal 22]

There was a documentary of women who marry prisoners and I think the end was it's just love there was no reasons to explain it.  Good luck and I hope your journey is smooth and quick as most of ours is not but we are here to question each other and to answer best we can . God bless you 

[April Mora 91]

Sorry I don't have any helpful information, but, I think that its BS that he's on death row. I hope he gets his appeal. Good luck!!

[Jenilyn and Awal 22]

Yes the death row for killing a pedifile is a bit much, I believe most people would have done the same thing

[mallafri76 1,012]

Actually in some states, mostly the southern states I guess, it's legal to kill someone to protect yourself or another person. 

 

OP, I was able to successfully immigrate to the US with my husband in prison. We did the IR-1 and at the time of my interview, my husband still had nine years left on his sentence. He's down to three years now thanks to President Obama's clemency powers.  

Anyway, at the interview, most of the questions I got were around my husband's crime, sentence length and our visits. The CO made it very clear that he wanted to make sure that we had contact visits because without contact, he wouldn't consider it a bona fida marriage. Now this is just what this CO said and there probably aren't specific rules about this, it's up to each CO.

 

I would recommend you to go home and do the CR-1 visa rather than AOS. Honestly, you have a difficult case as it is with a husband on death row. And with the current immigration climate after Trump took power, it just seems a little risky. What are you gonna do if they call you both for an interview? At least with the CR-1, only you will be attending the interview and you're interview will be at the US embassy in Sweden, where you know at least one other person has been approved with a husband in prison (me). 

 

How many visits do you? Do you have photos and visits together with his family? Has any friends or family from your side flown over for a visit? 

[geowrian 22,337]

2 minutes ago, mallafri76 said:

Actually in some states, mostly the southern states I guess, it's legal to kill someone to protect yourself or another person.

Not to go (too far) off topic, but that's permitted in every state. The difference between states is at what point you are permitted to use lethal force, or if you have a legal obligation to attempt to flee first.

[SianEdwardEvans 2]

5 minutes ago, mallafri76 said:

Actually in some states, mostly the southern states I guess, it's legal to kill someone to protect yourself or another person. 

 

OP, I was able to successfully immigrate to the US with my husband in prison. We did the IR-1 and at the time of my interview, my husband still had nine years left on his sentence. He's down to three years now thanks to President Obama's clemency powers.  

Anyway, at the interview, most of the questions I got were around my husband's crime, sentence length and our visits. The CO made it very clear that he wanted to make sure that we had contact visits because without contact, he wouldn't consider it a bona fida marriage. Now this is just what this CO said and there probably aren't specific rules about this, it's up to each CO.

 

I would recommend you to go home and do the CR-1 visa rather than AOS. Honestly, you have a difficult case as it is with a husband on death row. And with the current immigration climate after Trump took power, it just seems a little risky. What are you gonna do if they call you both for an interview? At least with the CR-1, only you will be attending the interview and you're interview will be at the US embassy in Sweden, where you know at least one other person has been approved with a husband in prison (me). 

 

How many visits do you? Do you have photos and visits together with his family? Has any friends or family from your side flown over for a visit? 

Thank you however I have seen a answer from an attorney who said it's not necessary for both parties to attend the interview if one obviously can't  I will get more clarification on that because cr1 visa runs as much risk as being denied as aos.  We have visits every weekend,  the prison he is at do not permit photos to be taken   I do have a lot with family members too.  He is in regular contact with my family too. 

 

[mallafri76 1,012]

5 minutes ago, SianEdwardEvans said:

Thank you however I have seen a answer from an attorney who said it's not necessary for both parties to attend the interview if one obviously can't  I will get more clarification on that because cr1 visa runs as much risk as being denied as aos.  We have visits every weekend,  the prison he is at do not permit photos to be taken   I do have a lot with family members too.  He is in regular contact with my family too. 

 

Yes but that usually pertains to the petitioner being on active duty overseas or similar. It's up to you, obviously, but that's the reason we decided for me to go back to Sweden rather than stay and do AOS. It just seemed too risky. 

 

The photos with family members will help. The CO interviewing me was particularly interested in our photos with family. Is he in contact with your family through email? If so, I would add some of those emails to your package as proof of bona fida relationship as well.

 

Important question though, were you both present at the marriage ceremony? To be able to petition for a spouse, you both must have been present at the marriage ceremony or if you marry by proxy, you must consummate the marriage. 

[SianEdwardEvans 2]

3 minutes ago, mallafri76 said:

Yes but that usually pertains to the petitioner being on active duty overseas or similar. It's up to you, obviously, but that's the reason we decided for me to go back to Sweden rather than stay and do AOS. It just seemed too risky. 

 

The photos with family members will help. The CO interviewing me was particularly interested in our photos with family. Is he in contact with your family through email? If so, I would add some of those emails to your package as proof of bona fida relationship as well.

 

Important question though, were you both present at the marriage ceremony? To be able to petition for a spouse, you both must have been present at the marriage ceremony or if you marry by proxy, you must consummate the marriage. 

I have looked at the option of the cr1 as well as the AOS,  both Carry the same risks and both could be denied.  He writes my family often as his facility does not have an email optional present   yes we were both present at the wedding. Contact visits at his facility are based on housing unites, and privilege levels rules are different at every facility our visits are are through glass or bars where we are able to hold hands.  I would hope I have the chance to explain certain things he like visititaion and what the rules of the prison are.  I can certainly provide lots of evidence of a bona-fide marriage but I guess it depends on the person conducting the Interview. 

[Ontarkie 14,236]

~~21 posts removed for being off topic, inappropriate, judgmental and some for quoting. As the OP has been given all the advice VJ can offer this thread is locked and not to be restarted or referred back to. The OP CAN start a new thread when she is ready and needs help with filing for her visa.~~