Legal Advice Needed: Marriage & Spousal Visa - Incarcerated Partner

[MaryGraceHernande 0]

Hello Visa Journey community,

 

I'm seeking legal advice regarding marriage and spousal visa application. My fiancé is currently incarcerated in a federal prison in Ohio, and we're planning to get married. Given our circumstances, I need to understand the legal ramifications of getting married while he's incarcerated and the subsequent spousal visa application process. I'm particularly interested in knowing what legal documents and procedures are required. Can anyone recommend resources or attorneys specializing in this area?

 

Your guidance or similar experiences would be greatly appreciated. Thank you!

[Dashinka 25,163]

There are two different things here, one is getting married to a federal inmate, and the other being eventual immigration, so you may need two lawyers.  Based on what I know, it is up to him to submit the request to get married, and eventually and I130.  I assume he has or had a lawyer, I would look to that person for the marriage application, and maybe they can suggest a good immigration attorney to assist with the immigration process.

 

Good Luck!

 

https://www.law.cornell.edu/cfr/text/28/551.13

[Boiler 46,530]

When does he get out?

[JeanneAdil 6,765]

The Federal Bureau of Prisons does not permit conjugal visits 

so, getting married at this point is mute according to immigration benefits as you need to consumate the marriage for him to file a spouse visa

 

Gilligan (1974), the United States District Court for the Northern District of Ohio held that prisoners have no federal constitutional right to conjugal visits ..

 

 

You can visit according to the Federal Prison guides but i would not marry and start the immigration till he is out and has a job to support  the process

 

there are 2 cases on VJ that have married prisoners so you can search in the search bar on top right in blue bar to find them and see how have done all this

[SalishSea 18,352]

15 hours ago, MaryGraceHernande said:

Hello Visa Journey community,

 

I'm seeking legal advice regarding marriage and spousal visa application. My fiancé is currently incarcerated in a federal prison in Ohio, and we're planning to get married. Given our circumstances, I need to understand the legal ramifications of getting married while he's incarcerated and the subsequent spousal visa application process. I'm particularly interested in knowing what legal documents and procedures are required. Can anyone recommend resources or attorneys specializing in this area?

 

Your guidance or similar experiences would be greatly appreciated. Thank you!

This is not a place where you will find legal advice.  This is a DIY site.  

[SalishSea 18,352]

8 hours ago, JeanneAdil said:

The Federal Bureau of Prisons does not permit conjugal visits 

so, getting married at this point is mute according to immigration benefits as you need to consumate the marriage for him to file a spouse visa

 

Gilligan (1974), the United States District Court for the Northern District of Ohio held that prisoners have no federal constitutional right to conjugal visits ..

 

 

You can visit according to the Federal Prison guides but i would not marry and start the immigration till he is out and has a job to support  the process

 

there are 2 cases on VJ that have married prisoners so you can search in the search bar on top right in blue bar to find them and see how have done all this

As USCIS views consummation of marital relationships to be "in each other's presence," the issue of "conjugal" visits is a non-issue. 

[Ryan H 3,849]

Moved from K3 Process & Procedures to IR-1/CR-1 Process & Procedures.

[JeanneAdil 6,765]

13 hours ago, SalishSea said:

As USCIS views consummation of marital relationships to be "in each other's presence," the issue of "conjugal" visits is a non-issue. 

it actually says (35) The term "spouse", "wife", or "husband" do not include a spouse, wife, or husband by reason of any marriage ceremony where the contracting parties thereto are not physically present in the presence of each other, unless the marriage shall have been consummated.

 

and definition of consummation is The consummation of a marriage, or simply consummation, is the first officially credited act of sexual intercourse following marriage

 

https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1101&num=0&edition=prelim

[JeanneAdil 6,765]

also says 

2)  Unconsummated:  A proxy marriage that has not been subsequently consummated does not create or confer the status of “spouse” pursuant to INA 101(a)(35).  For IV cases, a party to an unconsummated proxy marriage may be processed as a nonimmigrant fiancé(e).  A proxy marriage celebrated in a jurisdiction recognizing such marriages is generally valid another marriage in the United States is not necessary if the applicant is admitted to the United States under INA provisions other than as a spouse.  See 9 FAM 502.7-3(B) for additional information on fiancé classifications.  

under 

 

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

9 FAM 102.8-1(D)  Proxy Marriages

Edited 8 hours ago by JeanneAdil

[Dashinka 25,163]

35 minutes ago, JeanneAdil said:

it actually says (35) The term "spouse", "wife", or "husband" do not include a spouse, wife, or husband by reason of any marriage ceremony where the contracting parties thereto are not physically present in the presence of each other, unless the marriage shall have been consummated.

 

and definition of consummation is The consummation of a marriage, or simply consummation, is the first officially credited act of sexual intercourse following marriage

 

https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1101&num=0&edition=prelim

I think the point is if the spouse meet in person either during the ceremony, or afterward during a visitation, it would satisfy the "consummation" requirement per USCIS.  We do not know anything about the OP as to their ability to travel to the US for a prison visit.  If they are from an ESTA/VWP country, or they have a B2, they can meet the requirement even if the federal system does not allow conjugal visits.