Marrying my US fiance who is incarcerated. I'm from the UK.

[melaniekeeble 3]

My fiance and I were going to wait to be married when he was released but he wants us to get married while he is still incarcerated. I cannot find how we go about it or the steps we need to take. He asked me to get an affidavit for an absent applicant for marriage license but I think that needs to come from the Texas courthouse as he is incarcerated in Texas. On the form though it is asking for my state and zipcode which I can't give as I live in the UK. Can anyone please give us any advice on the steps we need to do from beginning to end as I have googled over and over again and am not getting anywhere and we need help. Thank you in advance.

[Mike E 11,739]

https://guides.sll.texas.gov/marriage-in-texas/conducting-the-ceremony
 

Ceremonies with Texas Prisoners

Previously, Texas law allowed prisoners to marry by proxy, a process that allows an appointed person to stand in for the absent applicant at the ceremony. Section 2.203 of the Texas Family Code was amended in 2013, and now proxy marriages are only available to active-duty military members stationed in another country.

For those wishing to formally marry someone who is currently incarcerated with the Texas Department of Criminal Justice (TDCJ), a wedding ceremony will need to be conducted on TDCJ property. See the resources below for how to apply for a ceremony with the Department.

• Administrative Directive AD-03.42. Offender Marriages [PDF]

  Rules issued by the Texas Department of Criminal Justice on how prisoners can get married while incarcerated.
• Application of Person Requesting to Perform a Marriage [PDF]

  As stated in AD-03.42, an individual seeking to perform a marriage on TDCJ property or contracted facilities shall complete this application and submit it to the Access to Courts headquarters at least one week prior to the scheduled marriage date.
• Offender Rules And Regulations For Visitation [PDF]

  Rules issued by the Texas Department of Criminal Justice on prisoner visitation. It includes marriage ceremony rules related to eligibility, attire and prohibited items.

[Crazy Cat 41,810]

37 minutes ago, melaniekeeble said:

My fiance and I were going to wait to be married when he was released but he wants us to get married while he is still incarcerated. I cannot find how we go about it or the steps we need to take. He asked me to get an affidavit for an absent applicant for marriage license but I think that needs to come from the Texas courthouse as he is incarcerated in Texas. On the form though it is asking for my state and zipcode which I can't give as I live in the UK. Can anyone please give us any advice on the steps we need to do from beginning to end as I have googled over and over again and am not getting anywhere and we need help. Thank you in advance.

What are your plans after marriage?

[iwannaplay54 985]

You’re going to want to be careful

 

This is going to be difficult to pull off from over there.  Any chances of scheduling a trip to Texas to set this up?  OR have an attorney do it here?

Edited January 15, 2023 by iwannaplay54

[JeanneAdil 6,489]

Would the following be an issue as the other VJ members were married and then husband went to prison (like the one who came and MIL was helping her AOS since Texas allows kisses and hand holding and only a 4 hour visit if traveling over 250 miles?

 

The marriage must be legally valid in the jurisdiction where it occurred and the couple must consummate the union after the marriage. Specifically, the couple must have had sexual relations after the marriage took place.Mar 8, 2022

 

how would he do the I 864? 

does he have a joint sponsor?

is he is prison for any offense that would make the visa application denied?

[Mike E 11,739]

32 minutes ago, JeanneAdil said:

Specifically, the couple must have had sexual relations after the marriage took place

The underlined is not  a requirement to immigrate on the basis of a spousal petition. 
 

Also OP asked how to marry not how to immigrate. 

Edited January 15, 2023 by Mike E

[melaniekeeble 3]

Once we are married, I would fly back to the UK. I'm not planning on applying to move over there while he is still incarcerated so the UK would still be my home as we want to do everything properly and legally. We have got nothing to hide and this is a genuine marriage so we want to do everything above board. I reiterate again, I am not planning on staying in the US once we are married as my work is over here. Once he is released then we will start planning my move, but that is 4 years away yet.

[Wuozopo 4,293]

5 hours ago, melaniekeeble said:

My fiance and I were going to wait to be married when he was released but he wants us to get married while he is still incarcerated. I cannot find how we go about it or the steps we need to take. He asked me to get an affidavit for an absent applicant for marriage license but I think that needs to come from the Texas courthouse as he is incarcerated in Texas. On the form though it is asking for my state and zipcode which I can't give as I live in the UK. Can anyone please give us any advice on the steps we need to do from beginning to end as I have googled over and over again and am not getting anywhere and we need help. Thank you in advance.

 I suggest you take a step back and think about this. What will you gain by being married? What cost and hassles do you go through? I would say let him get out and find a job before you jump into a marriage. So much can change in four years.

 

Have you already met in person before incarceration? How much time did you spend together outside of prison?
 

[melaniekeeble 3]

I really don't need advice on whether I'm doing the right thing or not. A lot of people may disagree with our decision to not wait until he is released but we are in this together for a lifetime and we don't want to wait if we don't have to. I appreciate your thoughts though but I'm not asking for advice on whether or not it's the right thing to do.

[Crazy Cat 41,810]

7 minutes ago, melaniekeeble said:

I really don't need advice on whether I'm doing the right thing or not. A lot of people may disagree with our decision to not wait until he is released but we are in this together for a lifetime and we don't want to wait if we don't have to. I appreciate your thoughts though but I'm not asking for advice on whether or not it's the right thing to do.

No reason to be defensive.  This might be a lot more complicated than you think.  The nature of his offense is also a big consideration when you decide to immigrate. Your life- your choices.  Good luck.  

Edited January 15, 2023 by Crazy Cat