Proxy Marriage with Husband in Jail

[Staceyann88 6]

3 hours ago, Cathi said:

Why do so many people come to this site to ask advice/questions then go on to argue with every last person giving them the correct information just because it isn't what they want to hear?

Asking for an entire forum. 

Haha!! No I'm not arguing. It's just I'm getting different pieces of advice from all avenues so I'm just replying with what I've been told... I appreciate people's knowledge on here! It's been really good

[Staceyann88 6]

19 hours ago, Jorgedig said:

No one has talked down to you.   Many, many cases have red flags.   If you want to be realistic about your approval chances, you need to expect scrutiny related to his convictions.

You can.   You cannot enter with a tourist visa with the intent to marry and stay.   That is visa fraud.

I thought if you married on a tourist visa, you were Still committing visa fraud? I must have got my wires crossed 

[Staceyann88 6]

14 hours ago, Scandi said:

I believe the case OP is talking about is @mallafri76, she's from Sweden and successfully came to the US on a spousal visa the same year I came here on a K-1 (2016). Her husband had been in prison for quite some time at that point if I'm not mistaken, and still had a few years left on his sentence when she moved here. 

 

Maybe OP can message her and ask for advice in case she needs help with the immigration process itself. But obviously she first need to marry and see her husband in person at the wedding or after the wedding, before they can even start the process. 

Yesss that's the person! I tried to message but it won't let me 

[SalishSea 18,079]

29 minutes ago, Staceyann88 said:

I thought if you married on a tourist visa, you were Still committing visa fraud? I must have got my wires crossed 

The fraud is if you enter the US on a tourist visa, marry, and attempt to stay.  You have immigrant intent already (i.e. you want to marry a US citizen and live here), so it would be fraudulent.  You can absolutely come over, marry, and then return home to wait out the petition process.  That is 100% legal.

[Staceyann88 6]

15 hours ago, HRQX said:

VWP (if eligible) or tourist visa, presumably after spending 14 days in a country like Mexico, Turkey, etc. https://uk.usembassy.gov/visas/immigrant-visa-faqs/

We are traveling to the United States to marry and will return to the United Kingdom after marriage. Do I still need a fiancé(e) visa?

If you will return to your permanent residence you may apply for a tourist B-2 visa, or if eligible, travel visa free under the Visa Waiver Program.  At the time you apply for the visa and/or travel to the United States you will be required to show that you have a residence outside the United States that you do not intend to abandon. There is no set form that this evidence takes as it varies with each person’s circumstances.

You won't be able to travel directly to the US because CBP will not accept an unconsummated proxy marriage to meet the spouse exception to the Presidential Proclamation:

"the US border control official at the airport said I couldn't because there's a specific rule that foreign spouses who got married online can't enter the US under the current travel ban since it is a loophole that is open to fraudulent use."

I'm sure the marriage licence won't say proxy. But anyways I've definitely got some good advice here

Just now, Jorgedig said:

The fraud is if you enter the US on a tourist visa, marry, and attempt to stay.  You have immigrant intent already (i.e. you want to marry a US citizen and live here), so it would be fraudulent.  You can absolutely come over, marry, and then return home to wait out the petition process.  That is 100% legal.

Aw brilliant!

[Staceyann88 6]

Thank you all for your input. I do really appreciate it! 

[SalishSea 18,079]

34 minutes ago, Staceyann88 said:

That's ok. It's easy to misunderstand things sometimes. 

Yes!!

Okay.  The reason I asked is that if you have met in person within the last two years, he can petition you for a K-1 fiance visa immediately.

[Crazy Cat 42,062]

Maybe I missed it earlier, and if I did, please forgive me.  There is the matter of the nature of the conviction.  That could affect his ability to even petition a fiance or spouse.  

 

https://www.nolo.com/legal-encyclopedia/which-crimes-make-u-s-citizens-and-lawful-permanent-residents-ineligible-to-file-i-130-petition-for-immigrant.html

 

 

Edited June 12, 2021 by Lucky Cat

[Staceyann88 6]

5 minutes ago, Lucky Cat said:

Maybe I missed it earlier, and if I did, please forgive me.  There is the matter of the nature of the conviction.  That could affect his ability to even petition a fiance or spouse.  

 

https://www.nolo.com/legal-encyclopedia/which-crimes-make-u-s-citizens-and-lawful-permanent-residents-ineligible-to-file-i-130-petition-for-immigrant.html

 

 

Robbery!

[Crazy Cat 42,062]

Just now, Staceyann88 said:

Robbery!

OK.  Thanks.  I don't see that on the list.

[SalishSea 18,079]

2 hours ago, Staceyann88 said:

Robbery!

When will he be out?

[NikkiR123 35]

On 6/12/2021 at 10:43 AM, Staceyann88 said:

Thank you all for your input. I do really appreciate it! 

I have sent you a PM 

[Crazy Cat 42,062]

On 6/12/2021 at 2:48 PM, Jorgedig said:

When will he be out?

Earliest release is 2024.

[NikkiR123 35]

On 6/11/2021 at 7:35 AM, neca said:

Consummation is satisfied by just being physically present. This is a special case, I don't know if visiting your partner in prison will qualify as consummation. I don't see why not, but I don't know if not being able to have a conjugal visit or one where you aren't separated by a partition would complicate things. Maybe others have more information on it.

 

Less related to your inquiry:

I don't actually know if someone can petition a spouse from prison, as a number of your rights are affected by incarceration. Have you looked into this possibility? You mentioned other cases, would you be able to link them? A cursory search for me didn't return any meaningful insight. In any case, I imagine he doesn't have an income that would be able to support you, so have you a joint sponsor lined up?

 

This is a super interesting case. I wish you all the luck in being reunited with your partner.

Yes you can petition a spouse , there are death row inmates who've successfully petitioned their spouses . I'm sure none have posted on here because , no doubt there would be tons of judgemental remarks, but it has been done before .

[VALU 55]

How did you guys meet? Was he incarcerated when you met? Why would you want to marry a convicted criminal? You might make your life harder.... Will he be able to get a decent job and support you? What if he becomes a repeat offender?.... 

 

I petitioned a sick Narcissist & Ant-Social PD man to come to the USA, he got arrested and I refused to help him get out of jail. Some red flags should not be ignored..... 

Edited June 14, 2021 by VALU