I need clarity

[devoted72 1]

Hy all, I apologize in advance if I am posting this in the wrong place so feel free to delete it. Some time ago I have read that it is possible to come to USA with an esta visa, get married and come back to our country and patiently wait for the adjustment status. In the last weeks I saw some contents by an immigrant lawyer who said that this is not legal and you have to ask for a k1 and then for adjustment, since you already know that you are going there to get married. I have already posted a similar question here and you all have been very helpful but, my problem is that my man is an inmate and I do not know how to move about it. Is there some of you who could give me some advice or who knows a lawyer that can give me some indication for free and then, when I will start the process, I will pay him to follow my case? I do not want to go with an esta and look like I am frauding because I am not, we only want to get married and, while he is still incarcereted, after obtained a spouse visa, come back, buy an apartment, stay beside him during his time in jail and wait for him to get out. Is there someone who have ad a similar experience? 

[Redro 4,611]

 

[Lil bear 4,283]

It is quite legal to enter on a tourist visa (assuming CBP grants you access at point of entry) , marry and return home, then start the process for an immigrant spouse visa. This process is different to the adjustment of status that can, under specific circumstances, take place if the foreign spouse is legally in the US. BUT, entering on a visitor visa with the intent of marrying, staying and adjusting status is immigration fraud. 
 

As a separate issue,  as linked above, there is good information in these threads which may inform your situation of your spouse being incarcerated. 

[Lil bear 4,283]

Moved to” What visa do I need”, as this forum best reflects the OPs questions at this stage