US sponsor/husband in prison

[Golden Me 2]

Hello,

 

I'd appreciate any advice on this or hear from someone who has been in a similar situation.

 

I intend to marry my boyfriend who's a US citizen and he's in prison. I have a clean record. I don't have any kids and have never been married before and have never had a US citizen sponsor me. We've been together for 1 year and a half, almost 2 years. He has a long sentence. I have visited him and we had contact visits. I kept records of flight tickets, pictures and receipts of stuff bought there. The prison has approved us to get married.

 

We intend to stay married for longer than 2 years to apply for IR1 visa. We'll have a cosponsor for the financial part who'll sign the affidavit of support. 

 

He's not in prison for any sex crimes, no Adam Welsh crimes, no drugs, no domestic abuse, no smuggling people and no crimes against women or children. He has been in prison for quite some time and he's in prison for a violent crime and has a long sentence. 

 

Here are the issues in my eyes: He doesn't have any contact with his family, his mother died 2 weeks before we started writing each other. He was adopted at a young age but then was sent to orphanages and foster families until he reached the age of 18. His adoptive parents, foster families and insitutions abused him so he hates them. He hates his biological father because he used to beat his mother up, hasn't seen him since he was a kid, hates his sister because she lied to him all the time and has never met his other biological siblings. His mother's sister, his aunt, his biological father, his adoptive parents and his bilogical sister weren't in contact with him even before he went to prison. They know he's in prison and have never bothered to reach out to him or do anything for him. He only met his mother months before going to prison and she died before we started writing. My family would never approve of me marrying an inmate and thus they won't be at the wedding and won't know I'll be married. My family is horrible, judgemental and violent. 

 

My questions are:

1) Would the fact that he has no contact with his family and the fact that my family won't be involved in this be an issue at the interview for the IR1 visa? I imagine the consular officer asking why doesn't my family know I got married and why wouldn't they approve of my husband even if I'm in adult and don't need the permission of my parents to get married. 

 

2) Could the US consulate or embassy contact my parents to tell them that I got married to a US citizen even if I'm an adult and don't need my parents' permission to get married?

 

3) Would the age gap be an issue at the spouse visa interview? I'm in my late 20s and and he is in his mid 40s, we have 20 years age difference. 

 

4) If we get denied the spouse visa, can I still use ESTA to travel to the US or would I need to apply for a tourist visa? 

 

5) Would I be denied a tourist visa because I'll be married to a US citizen even if I applied but got denied for a spouse visa?

 

6) If we get denied the IR1 visa and if I get denied the tourist visa, in case I won't be able to use ESTA, what are my options? Keep applying for the tourist visa or appeal the spouse visa?

 

I hope to see some answers. 

 

[Xyrstine 224]

I think the main issue would be showing proof of his income and or assets to sponsor you or having someone who will be willing to co-sponsor considering he is not close to any family members. Pretty sure you need to put down where you intend to reside in the forms too.

 

I am not sure if his criminal history and inmate status will have any other effect on his petition to bring you over. 

 

Nobody will be contacting your family, especially if you do not put any contact details down for them. Again, the only thing you would have to prove is a bonafide relationship which may be difficult as you will have to show mingled finances etc and/or affadavit of support. I would probably get legal assistance considering the unusual circumstances.

 

You can still apply for ESTA but with every trip you do need to ensure to the immigration officers that you don't intend to overstay. Applying for a tourist visa whilst applying for a spousal one may complicated as it shows that you do have intent to reside there.

[Nat&Amy 623]

I too hope we see some answers, because these are some special circumstances. 

 

I mainly see two issues that you will have to overcome:

 

1) Evidence of bonafide marriage. You said his sentence is long, but how long exactly? Spouses are expected to present documents such as joint bank accounts, shared lease agreements, utility bills, etc. When people don't have many of those, they can present secondary evidence such as affidavits from close family and friends, and it sounds like you don't have those either. Pictures and letters you sent to each other will not be enough.

 

2) Affidavit of Financial Support. You said you have a co-sponsor, but after your post am I right to conclude the co-sponsor is not a family member? If that's the case, expect the Consulate to raise an eyebrow, because an i864 binds the co-sponsor for a really, really long time, is a very serious responsibility and they might question if a friend/acquaintance really understands what they are signing up for and why.

Edited January 30, 2020 by Nat&Amy

[portorusa 431]

Suppose he’ll find a joint sponsor. But even in this case he is your main sponsor. Do inmates file taxes, by the way? And what does he write in his I-130 Petition as his residence address...cell number, Unit number, Prison name?

P.S. Where’s that VJ guy with his ~Tales of the Green Card~?🙊

Edited January 30, 2020 by portorusa

[arken 4,197]

1 hour ago, Golden Me said:

 

My questions are:

1) Would the fact that he has no contact with his family and the fact that my family won't be involved in this be an issue at the interview for the IR1 visa? I imagine the consular officer asking why doesn't my family know I got married and why wouldn't they approve of my husband even if I'm in adult and don't need the permission of my parents to get married. 

 

2) Could the US consulate or embassy contact my parents to tell them that I got married to a US citizen even if I'm an adult and don't need my parents' permission to get married?

 

3) Would the age gap be an issue at the spouse visa interview? I'm in my late 20s and and he is in his mid 40s, we have 20 years age difference. 

They will be more concerned about your bonafide relationship than your families. Age gap itself is not an issue but could be interpreted in a different way in your case. If he is there for a very long time, where will you stay, who takes care of you, like that. Telling that the cosponsor takes care of all financial needs might be less convincing. So focus on those aspects not the families.

 

1 hour ago, Golden Me said:

 

4) If we get denied the spouse visa, can I still use ESTA to travel to the US or would I need to apply for a tourist visa? 

You can but admission at POE is not guaranteed, it’s up to the officer to decide.
 

 

1 hour ago, Golden Me said:

5) Would I be denied a tourist visa because I'll be married to a US citizen even if I applied but got denied for a spouse visa?

That’s a possibility. You already showed your intention to immigrate which tourist visa doesn’t allow.

 

1 hour ago, Golden Me said:

6) If we get denied the IR1 visa and if I get denied the tourist visa, in case I won't be able to use ESTA, what are my options? Keep applying for the tourist visa or appeal the spouse visa?

 

I hope to see some answers. 

 

Appeal or restart spousal visa again. Applying for tourist visa again and again will be fruitless. 

[Boiler 45,538]

If you are denied an Immigrant Visa then you need to update ESTA and see if you still qualify.

[Golden Me 2]

To reply to all of you because I'm new here and don't know how to reply to single posts.

 

As I said in my post I already have a cosponsor who knows both my US future husband and me and our situation. She has visited him with me.There's no need for the cosponsor to be a family member.  I have enough assets to settle there and I have proof of that. We have friends that know both of us that can provide affidavit of our relationship as well. Honestly if I wanted to make things much easier for myself I could have picked a free man like most women do so going through this process is very stressful for us and we wouldn't do it if we weren't in love enough to endure this. 

 

No, inmates don't file taxes. He'll write unemployed because he's in prison. I read somewhere in another forum that a woman with a husband in my same situation just wrote unemployed and gave the prison address. She finished the process in 17 months. 

 

I know I'll have to get legal advice but I wanted to see how to proceed.

 

About the ESTA: my question was if I can apply for it because there's a question in the ESTA that asks if you've ever been denied a visa, isn't it? I know entry isn't guaranteed even with a visa, what I meant is if I can apply for ESTA again if I answer yes to the visa question. 

 

 

 

Edited January 30, 2020 by Golden Me
mistakes

[Boiler 45,538]

You have to update ESTA mid term shall we say if the answer to a question changes, so if you have a denied visa then that would be a question that needs to be updated, so you would need to do that before travelling again.

[Lucky2Lucky 2,526]

I would be most concerned that you will be looked at as being a public charge. Your husband won’t be able to support you or himself for a very long time. Your savings, etc does not come into play- it wouldn’t matter if you are a millionaire - the US person has to show the support. Do a quick google search on new public charge rule if you haven’t heard already. 
In addition you need to show proof of domicile- if he lives in prison where will you live? How will you show proof of commingling of your finances, both of you cohabitating etc. 

The age gap is only a concern for certain countries - for example if it is not the cultural norm. Your families. It involved- only an issue if the cultural norm is for families to approve (many Muslim countries for examp,e)
In regards to your ESTA if you lose it and apply for b2 afterwards you may risk denial due to ties to your home country (if married) They may think you will adjust your status while in the US. 

[HRQX 4,145]

1 hour ago, Luckycuds said:

Do a quick google search on new public charge rule if you haven’t heard already.

The relevant interim rule from DOS: https://travel.state.gov/content/travel/en/traveladvisories/ea/Information-on-Public-Charge.html It'll be implemented when the Public Charge Questionnaire (DS-5540) becomes available: https://www.federalregister.gov/documents/2019/10/24/2019-23219/60-day-notice-of-proposed-information-collection-public-charge-questionnaire

[Golden Me 2]

2 hours ago, Luckycuds said:

I would be most concerned that you will be looked at as being a public charge. Your husband won’t be able to support you or himself for a very long time. Your savings, etc does not come into play- it wouldn’t matter if you are a millionaire - the US person has to show the support. Do a quick google search on new public charge rule if you haven’t heard already. 
In addition you need to show proof of domicile- if he lives in prison where will you live? How will you show proof of commingling of your finances, both of you cohabitating etc. 

The age gap is only a concern for certain countries - for example if it is not the cultural norm. Your families. It involved- only an issue if the cultural norm is for families to approve (many Muslim countries for examp,e)
In regards to your ESTA if you lose it and apply for b2 afterwards you may risk denial due to ties to your home country (if married) They may think you will adjust your status while in the US. 

I've never read that I need to demonstrate proof of cohabitation. As I said we'll have a cosponsor for the affidavit of support. Anyway it's better if I ask this in prison forums since they were successful. 

[Golden Me 2]

I appreciate the answers i received. I won't be following this post anymore. 

 

[HRQX 4,145]

10 minutes ago, Golden Me said:

I've never read that I need to demonstrate proof of cohabitation.

It's recommended by USCIS, but not required: https://www.uscis.gov/system/files_force/files/form/i-130instr.pdf Page 7

Quote

NOTE: In addition to the required documentation listed above, you should submit one or more of the following types of documentation that may prove you have a bona fide marriage:

(1) Documentation showing joint ownership of property;

(2) A lease showing joint tenancy of a common residence, meaning you both live at the same address together;

(3) Documentation showing that you and your spouse have combined your financial resources;

(4) Birth certificates of children born to you and your spouse together;

(5) Affidavits sworn to or affirmed by third parties having personal knowledge of the bona fides of the marital relationship. Each affidavit must contain the full name and address of the person making the affidavit; date and place of birth of the person making the affidavit; and complete information and details explaining how the person acquired his or her knowledge of your marriage; or

(6) Any other relevant documentation to establish that there is an ongoing marital union

 

[Boiler 45,538]

This is not the first time I have seen such a case on VJ, I do not recollect others having a particular problem.

 

There is a Prison forum I seem to recollect where such specific issues are discussed.

[JFH 12,190]

I’ll PM you. There is another European member who completed the entire process whilst her husband was incarcerated and she has been living in the US for 4 years now. No issues whatsoever. She doesn’t post anymore but I’ll PM you her details so you can contact her. 

 

My husband has served time in prison in the USA and has little contact with his family. Not an issue at all for us.