Marrying an inmate in USA on ESTA

[Melissa1711 2]

Hello 

I’m from the UK and have a esta visa currently 

I visit my fiancé in prison in USA regularly on this visa and we are now engaged 

I always leave for home after 1-2 weeks only as I have commitments back home and he is obviously incarcerated so my visits are purely to see him 

Am I allowed to marry him on my esta visa and then return home like I’ve done so far? As I’ve read that if you arrive in the USA with intentions of marrying it’s visa fraud and can impact future immigration applications 

In the future my plan would be to stay with him when he’s released but that’s another 5 years away. 
I’ve also read that preplanning a wedding before you’ve arrived is visa fraud? We would have to ask the prison warden so it would definitely require some planning 

I don’t wish to do anything that can jeopardize my chances of living there as he already has a violent criminal past 

I’ve looked into the K-1 visa and I’ve read the criminal record he discloses is stricter than the spousal visa one? 
sorry I am very confused help please thanks 

[Crazy Cat 41,984]

Marrying while in the US on ESTA, then returning home is fine.  Entering the US as a visitor with the intent to stay and adjust status is vis fraud.  

[Crazy Cat 41,984]

1 hour ago, Melissa1711 said:

In the future my plan would be to stay with him when he’s released but that’s another 5 years away. 

I assume you have consulted an attorney since the nature of his issues could prevent him from petitioning a new immigrant. 

[Melissa1711 2]

33 minutes ago, Crazy Cat said:

I assume you have consulted an attorney since the nature of his issues could prevent him from petitioning a new immigrant. 

No not yet as his crime doesn’t fall under the Adam Walsh act however he has a charge of domestic assault 15 years ago which is recorded under a misdemeanor and I have researched and what I’ve found is domestic assault is an issue for the k-1? The fiancé visa? Do you know if the spousal visa is strict on this charge too? I’ve also found some information that the petitioner can show he’s been rehabilitated regarding this and ask for a consideration 

Sorry I’m confused to say the least 

[Sammy_2496 116]

Entering the USA to marry and then leave is legal and not fraud. As always, you are at the descretion of the CBP officer you get that day, you would have to prove ties to your home country

[Melissa1711 2]

20 minutes ago, Sammy_2496 said:

Entering the USA to marry and then leave is legal and not fraud. As always, you are at the descretion of the CBP officer you get that day, you would have to prove ties to your home country

Oh yes I have that a lot now as I was open and honest with them that I was purely visiting him in prison and had to show my business and hmrc tax code before leaving London and when I arrived in states I had to do my biometrics so I already feel as if I am on their radar and don’t want to make any mistakes with them at no cost 

[Redro 4,611]

3 hours ago, Melissa1711 said:

Hello 

I’m from the UK and have a esta visa currently 

I visit my fiancé in prison in USA regularly on this visa and we are now engaged 

I always leave for home after 1-2 weeks only as I have commitments back home and he is obviously incarcerated so my visits are purely to see him 

Am I allowed to marry him on my esta visa and then return home like I’ve done so far? As I’ve read that if you arrive in the USA with intentions of marrying it’s visa fraud and can impact future immigration applications 

In the future my plan would be to stay with him when he’s released but that’s another 5 years away. 
I’ve also read that preplanning a wedding before you’ve arrived is visa fraud? We would have to ask the prison warden so it would definitely require some planning 

I don’t wish to do anything that can jeopardize my chances of living there as he already has a violent criminal past 

I’ve looked into the K-1 visa and I’ve read the criminal record he discloses is stricter than the spousal visa one? 
sorry I am very confused help please thanks 

No issues with getting married on ESTA (or tourist visa) then leaving again. 
Several members on VJ have done it successfully (myself included). 
It is also possible to visit after you’ve married a USC with or without a pending I-130. 
But, each entry is at the discretion of CBP.

if you’ve had several successful trips to the US and always returned home I don’t see you having any issues but of course you might be denied entry… 

 

The one problem you might have with being sponsored by your partner is the affidavit of support… you will probably have to get a joint sponsor when you do go through with the spousal visa process. 
 

You can search visajourney for other stories of people being sponsored by their partner in prison. 
 

 

https://www.visajourney.com/sitesearch/
 

[JeanneAdil 6,581]

On your next trip to the US u should have an appointment with a US immigration attorney /just a consultation to see what issues would be faced

discuss the following

U do not have to hire one but pay a consultation  fee /ask for the real chances of a spouse visa 

 

1.  What is a valid marriage for immigration purposes?

 

In general, the legal validity of a marriage is determined by the law of the place where the marriage was celebrated (“place-of-celebration rule”). Under this rule, a marriage is valid for immigration purposes in cases where the marriage is valid under the law of the jurisdiction in which it is performed.

 

2.  Is there a need to consummate the marriage ?

3.  Does the prison allow conjugal visits?

The four states that currently allow conjugal visits are California, Connecticut, New York, and Washington.  i believe Ohio also as we had a member asking about this

 

4.  Will you need a joint sponsor ?

[Ontarkie 14,305]

~~Moved to What Visa Do I Need, from K1 P&P - the OP is just starting out and looking at options.~~

[beloved_dingo 1,979]

3 hours ago, JeanneAdil said:

On your next trip to the US u should have an appointment with a US immigration attorney /just a consultation to see what issues would be faced

discuss the following

U do not have to hire one but pay a consultation  fee /ask for the real chances of a spouse visa 

 

1.  What is a valid marriage for immigration purposes?

 

In general, the legal validity of a marriage is determined by the law of the place where the marriage was celebrated (“place-of-celebration rule”). Under this rule, a marriage is valid for immigration purposes in cases where the marriage is valid under the law of the jurisdiction in which it is performed.

 

2.  Is there a need to consummate the marriage ?

3.  Does the prison allow conjugal visits?

The four states that currently allow conjugal visits are California, Connecticut, New York, and Washington.  i believe Ohio also as we had a member asking about this

 

4.  Will you need a joint sponsor ?

I thought "consummating the marriage" for USCIS purposes is simply "being together in person after marriage". Wouldn't a normal visit in prison qualify? There's no requirement to be alone, spend the night together, etc. 

[SalishSea 17,970]

1 hour ago, beloved_dingo said:

I thought "consummating the marriage" for USCIS purposes is simply "being together in person after marriage". Wouldn't a normal visit in prison qualify? There's no requirement to be alone, spend the night together, etc. 

Correct.   As long as OP and spouse were in each others’ presence, it would be consummated for USCIS purposes.

[top_secret 2,458]

It varies wildly from state to state but it is not uncommon for prisons to have some provision for an actual in person marriage ceremony officiated by a prison Chaplin or similar.  In some states there are also charitable and/or religious organizations focused on facilitating maintaining inmate-family relationships that could possibly offer practical assistance.

[JeanneAdil 6,581]

16 hours ago, Jorgedig said:

Correct.   As long as OP and spouse were in each others’ presence, it would be consummated for USCIS purposes.

USCIS states it falls under the marriage laws of the state it the marriage is legal'

 

https://fam.state.gov/fam/09FAM/09FAM010208.html

 

The underlying principle in determining the validity of the marriage is that the law of the place of marriage celebration controls (except as otherwise noted below).

 

Colorado ,  for example ,  says the following

A party lacked the physical capacity to consummate the marriage by sexual intercourse

under 

Annulment and Prohibited Marriage Laws in Colorado

 

[Melissa1711 2]

3 hours ago, JeanneAdil said:

USCIS states it falls under the marriage laws of the state it the marriage is legal'

 

https://fam.state.gov/fam/09FAM/09FAM010208.html

 

The underlying principle in determining the validity of the marriage is that the law of the place of marriage celebration controls (except as otherwise noted below).

 

Colorado ,  for example ,  says the following

A party lacked the physical capacity to consummate the marriage by sexual intercourse

under 

Annulment and Prohibited Marriage Laws in Colorado

 

Do you know what the rules are in Minnesota at all please 

[Crazy Cat 41,984]

20 minutes ago, Melissa1711 said:

Do you know what the rules are in Minnesota at all please 

https://policy.doc.mn.gov/DOCPolicy/PolicyDoc?name=302.140.pdf

 

PURPOSE: To provide guidelines to staff and offenders regarding offender civil marriages.

APPLICABILITY: Staff; all offenders in Minnesota correctional facilities

DEFINITIONS: Marry – enter into a civil marriage in accordance with Minnesota law.

PROCEDURES:

A. An offender who is 18 years of age or older, or is 16 to 17 years of age with parental or guardian consent, may get married while incarcerated subject to the following limitations:

1. An offender may not marry another offender, a DOC employee, a contractor, or an employee of a contractor.

2. The marriage must not pose a threat to the safety and security of a facility, staff, the public, or other offenders.

3. DOC staff must not encourage or assist in the civil marriage in any way.

B. Offenders who want to get married must notify the visiting unit. Visiting unit staff must inform the offender of this policy.

C. Facility staff may refer offenders considering marriage to the facility’s religious or counseling services.

D. Offenders must arrange for an authorized individual to officiate the wedding and for two witnesses who are not offenders.

E. The officiant and any witnesses to the marriage must be on the offender's approved visiting list or obtain approval through the facility’s admittance authorization process.

1. The offender, the officiant, and any visitors must abide by all visiting rules during the ceremony. See Policy 302.100, “Visiting.”

2. Visiting lists are maintained in the correctional operations management system (COMS).

F. Offenders who get married must notify the facility records department of their changed marital status and records staff must document it in the offender’s electronic file.

G. An offender requesting a name change after marriage must comply with Policy 202.130, “Offender Names.”

INTERNAL CONTROLS:

A. Changes in marital status are documented in the offender’s electronic file

Edited March 25, 2023 by Crazy Cat