Marrying a U.S citizen who's in prison - which visa ?

[Liya S. 18]

Hi everyone!

 

So my boyfriend & I have been dating for almost 6 months and he's currently in prison. He's getting out in 13 months and has expressed an interest in marrying me. I wanted to know if marrying someone in prison as a foreigner was even possible and if so what kind of visa would i need? He says it is because he knows people who did it but i'm still unsure lol. I haven't met him yet but i plan to in July & August (i got approved for visitation). Would those visits & our messages/phone calls be enough proof? Or would it be better to wait until he's out? I don't really know much about applying for visas & the timelines so i don't know if i could even be approved for one to marry him before he gets out (13 months). I have enough money to support myself but i read that a joint sponsor would be required since he's technically unemployed and will be for the next year. More information : i'm from Switzerland, he's from Kentucky ; we're both in our early twenties (if that matters) & he's in for manslaughter and robbery. Thank you all! 
 

Ps : i don't want to be judged i would like some advice or testimonies before considering consulting an attorney.

[Timona 4,207]

Yes. Doable. There's been cases here. I don't remember the names but if you buy @Redro (our lovely and talented librarian) kimchi, she may do you a solid and pull it up for you. 

 

Good luck. 

[JeanneAdil 6,483]

there are a couple of VJ members who are going thur or went thru this

use the search bar above to see others/  just type married to US inmate

 

 

Melissa1711  is one who wanted to know about marrying on an ESTA

 

you may want to review KY rules for visitation

https://corrections.ky.gov/Facilities/AI/ksr/Pages/visitinginformation.aspx#:~:text=Visiting is by appointment only,1 extended visit per month.

 

 

Melissa1711

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Posted March 24, 2023

[Crazy Cat 41,759]

48 minutes ago, Liya S. said:

I wanted to know if marrying someone in prison as a foreigner was even possible and if so what kind of visa would i need?

Possible?  Maybe.  The nature of his incarceration is important.  I would take to an immigration attorney.  You can search for "prison" or "incarceration" here on VJ.  Good luck on your journey.

Edited March 6 by Crazy Cat

[Redro 4,611]

1 hour ago, Liya S. said:

Hi everyone!

 

So my boyfriend & I have been dating for almost 6 months and he's currently in prison. He's getting out in 13 months and has expressed an interest in marrying me. I wanted to know if marrying someone in prison as a foreigner was even possible and if so what kind of visa would i need? He says it is because he knows people who did it but i'm still unsure lol. I haven't met him yet but i plan to in July & August (i got approved for visitation). Would those visits & our messages/phone calls be enough proof? Or would it be better to wait until he's out? I don't really know much about applying for visas & the timelines so i don't know if i could even be approved for one to marry him before he gets out (13 months). I have enough money to support myself but i read that a joint sponsor would be required since he's technically unemployed and will be for the next year. More information : i'm from Switzerland, he's from Kentucky ; we're both in our early twenties (if that matters) & he's in for manslaughter and robbery. Thank you all! 
 

Ps : i don't want to be judged i would like some advice or testimonies before considering consulting an attorney.

You don’t need a special visa to get married in the U.S. or to a prisoner BUT there might be special rules around how to get married in his particular facility so you’ll want to investigate that. 
Regarding being sponsored and living together. After getting married you can file the I130 and I130a- you might want to wait until after he has left the facility if he has difficulty completing the needed documentation online unless you plan on completing the paperwork together on one of your prison visits and mailing in a package. 

Then you will wait for the I130 to be approved. You will have to more than likely find a joint sponsor as your partner might not make enough to sponsor you( and generally the non U.S. citizen cannot self sponsor unless they have an income in the US- if you have about $100K in savings though you might be able to use assets) 
There are communities online of foreign women marrying prisoners in the US and a current TV show following foreign women marrying/ dating men based out of Michigan so you might want to find those groups for some support and tips while you navigate the process. 
Good luck and I hope your first meeting goes well. 
 

BE AWARE: THE SPOUSAL VISA PROCESS TAKES ABOUT 18-24 months. So, you won’t be moving to the US anytime soon. And you might want to visit several more times and really have a firm understanding of his crimes as you might be questioned about how well you know him/ the reasons he was incarcerated at the interview. 

Edited March 6 by Redro

[Boiler 45,427]

1 hour ago, Liya S. said:

Hi everyone!

 

So my boyfriend & I have been dating for almost 6 months and he's currently in prison. He's getting out in 13 months and has expressed an interest in marrying me. I wanted to know if marrying someone in prison as a foreigner was even possible and if so what kind of visa would i need? He says it is because he knows people who did it but i'm still unsure lol. I haven't met him yet but i plan to in July & August (i got approved for visitation). Would those visits & our messages/phone calls be enough proof? Or would it be better to wait until he's out? I don't really know much about applying for visas & the timelines so i don't know if i could even be approved for one to marry him before he gets out (13 months). I have enough money to support myself but i read that a joint sponsor would be required since he's technically unemployed and will be for the next year. More information : i'm from Switzerland, he's from Kentucky ; we're both in our early twenties (if that matters) & he's in for manslaughter and robbery. Thank you all! 
 

Ps : i don't want to be judged i would like some advice or testimonies before considering consulting an attorney.

First and most importantly we do not judge.

 

Swiss are eligible for the VWP

 

Meet first and see where it goes if anywhere, you are getting ahead of yourself.

 

Also wondering what your friends and family think of this?

Edited March 6 by Boiler

[Liya S. 18]

44 minutes ago, Redro said:

You don’t need a special visa to get married in the U.S. or to a prisoner BUT there might be special rules around how to get married in his particular facility so you’ll want to investigate that. 
Regarding being sponsored and living together. After getting married you can file the I130 and I130a- you might want to wait until after he has left the facility if he has difficulty completing the needed documentation online unless you plan on completing the paperwork together on one of your prison visits and mailing in a package. 

Then you will wait for the I130 to be approved. You will have to more than likely find a joint sponsor as your partner might not make enough to sponsor you( and generally the non U.S. citizen cannot self sponsor unless they have an income in the US- if you have about $100K in savings though you might be able to use assets) 
There are communities online of foreign women marrying prisoners in the US and a current TV show following foreign women marrying/ dating men based out of Michigan so you might want to find those groups for some support and tips while you navigate the process. 
Good luck and I hope your first meeting goes well. 
 

BE AWARE: THE SPOUSAL VISA PROCESS TAKES ABOUT 18-24 months. So, you won’t be moving to the US anytime soon. And you might want to visit several more times and really have a firm understanding of his crimes as you might be questioned about how well you know him/ the reasons he was incarcerated at the interview. 

Yes i was planning on visiting him more times until he gets out. And i figured the whole process would take a while lol but is there a visa i can apply for to be able to work and live in the US while waiting on my spousal visa? Thank you for your reply btw !

[Liya S. 18]

18 minutes ago, Boiler said:

First and most importantly we do not judge.

 

Swiss are eligible for the VWP

 

Meet first and see where it goes if anywhere, you are getting ahead of yourself.

 

Also wondering what your friends and family think of this?

What is VWP?
My family doesn't know about our relationship because i feel like they wouldn't approve which is understandable. I'll have to tell them one day anyway but i wanted to do it after our first visits. My friends don't know about the whole marriage thing but they don't think anything much of it they just told me to be careful. Thank you for your reply btw !

[Redro 4,611]

5 minutes ago, Liya S. said:

Yes i was planning on visiting him more times until he gets out. And i figured the whole process would take a while lol but is there a visa i can apply for to be able to work and live in the US while waiting on my spousal visa? Thank you for your reply btw !

No. Spousal visa is the quickest process to allow you to live and work  in the US. Unless you want to go the investor route or your current job can sponsor you for an L1 visa (but at your age you might not have the financial resources/ type of position where your job has offices in the US)
You could consider looking at studying in the US. But an F1 is a non-immigrant visa and you are not allowed to work while you study so you might not qualify for one because you are planning to move to the US to be with your boyfriend/ future husband. 

Edited March 6 by Redro

[Boiler 45,427]

7 minutes ago, Liya S. said:

What is VWP?
My family doesn't know about our relationship because i feel like they wouldn't approve which is understandable. I'll have to tell them one day anyway but i wanted to do it after our first visits. My friends don't know about the whole marriage thing but they don't think anything much of it they just told me to be careful. Thank you for your reply btw !

Visa Waiver Programme

 

https://travel.state.gov/content/travel/en/us-visas/tourism-visit/visa-waiver-program.html

 

You get ESTA which allows you travel and seek admission under the VWP, good for a 90 day per trip but I would not max it out.

 

If you decide to marry he is the one who will file an I 130 for you.

[Boiler 45,427]

14 minutes ago, Liya S. said:

Yes i was planning on visiting him more times until he gets out. And i figured the whole process would take a while lol but is there a visa i can apply for to be able to work and live in the US while waiting on my spousal visa? Thank you for your reply btw !

Probably not, if you work for a company with US operations you could seek a transfer.

[Timona 4,207]

@Liya S. are you born Swiss? Or do you have another nationality?

[*Snowdrop* 604]

The previous people I've seen on here who have married prisoners and then filed the Spouse visa application have done so because their partner was going to be in prison for a long time - years -and they wanted to be there in the US to be able to visit on a regular basis. 

 

In your case, as he's getting out in a year, I'd give you the same advice I'd give anyone who has begun a relationship with someone online and from another country - give yourselves a lot of time to get to know each other in different circumstances. First face to face - and then in your case face to face outside of the prison environment - meet his family, meet his friends, see if your goals and futures are compatible, see if your living habits and needs are compatible. 

 

THEN... make the big life-changing decisions about marriage. Work out what his prison record means for his travel options, will he ever be able to go to Switzerland with you? If you have children with him in the USA then you will have to commit to living there until they are adults if he can't leave the country. 

 

This is what I'd advise to anyone in a relationship where there has been little in person experience of each other. 

[Redro 4,611]

@Liya S. you might find this thread helpful.

It might be a long process before you can move to the US. So, consider the timing of visits (and the costs) and when/if you decide to marry very carefully. Also google the show “prison brides” as that shows the marriage process and it is very informative. 

[Liya S. 18]

23 minutes ago, Boiler said:

Visa Waiver Programme

 

https://travel.state.gov/content/travel/en/us-visas/tourism-visit/visa-waiver-program.html

 

You get ESTA which allows you travel and seek admission under the VWP, good for a 90 day per trip but I would not max it out.

 

If you decide to marry he is the one who will file an I 130 for you.

Ok thank you !!

13 minutes ago, Timona said:

@Liya S. are you born Swiss? Or do you have another nationality?

Just Swiss