QLD Marrying overseas.

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jp2020

Member
3 December 2020
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Hi there,

Im looking to get married overseas, my dilemma is that my partner is incarcerated, how do I go about this. He is in Iowa, US.
 

Tim W

Lawyer
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28 April 2014
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There's plenty of info on the web about getting married in Iowa.
But that only applies to unconvicted folks.

IDOC has a whoIe regime of rules and regs (the "Offender Marriage Policy") about prisoners marrying.
It starts with him talking to the Counselor or Chaplain at his prison, and making an application to IDOC.
 

jp2020

Member
3 December 2020
4
0
1
There's plenty of info on the web about getting married in Iowa.
But that only applies to unconvicted folks.

IDOC has a whoIe regime of rules and regs (the "Offender Marriage Policy") about prisoners marrying.
It starts with him talking to the Counselor or Chaplain at his prison, and making an application to IDOC.
What would I have to do on my end with regards to letting the government know?
 

Tim W

Lawyer
LawTap Verified
28 April 2014
3,896
716
2,894
Sydney
Which government?
 

Tim W

Lawyer
LawTap Verified
28 April 2014
3,896
716
2,894
Sydney
Well, there's this.

I'm assuming in this post that he is an American.
That is, that he's a US National, and not, say, an Aussie in gaol in Iowa.

Before anything else, there's one dealbreaker ground zero question.
Have you been there, and met him in person, within the last two years?

If no, then stop reading now.
Until you make another visit, and can reset that clock, you have nothing.

If yes, then read on.


Let's be clear about a couple of other things.

(i) Unlike Australia, marriage in the US is regulated by the States.
Iowa's rules may differ from those of, say, California, or North Dakota, or Rhode Island.
I suggest getting yourself a lawyer in Iowa for specific advice about what is required there.
Apart from the general law of marriage in Iowa, the administrative process involving marriage to prisoners is complex and onerous.
And, expensive. ---> You get to pay all the bills.
You can engage a lawyer there from Australia, as long as they are satisfied that you can and will pay them.

(ii) The Alien Fiance process is driven by the American wanting to bring in the foreigner.
It's the American who has to file the application (they call it a "Petition").
However, him being a prisoner may be a problem.
You need to be crystal clear that he is even eligible to apply to USCIS from prison.
That's a question you'll need to ask an Iowa lawyer.

(iii) Separately to the above process, there is the question of an inmate in an Iowa gaol getting permission from the prison authorities to marry.
That will involve the inmate showing that the relationship is genuine.

(iv) It is not a given that you will get to stay in the US, just because you are married to an American.

(v) Assuming this all goes through, then even as your husband, he has no automatic right of entry into Australia, even if he ever gets out of gaol.

(vi) Having been convicted of something that got him gaoled, chances are, he'd never meet the Good Character Test for an Australian Visa.


Truth be, you're pushing a very big rock
up a series of very steep hills here.
But, everyone should have a chance at happiness.
Best of luck.
 

jp2020

Member
3 December 2020
4
0
1
Well, there's this.

I'm assuming in this post that he is an American.
That is, that he's a US National, and not, say, an Aussie in gaol in Iowa.

Before anything else, there's one dealbreaker ground zero question.
Have you been there, and met him in person, within the last two years?

If no, then stop reading now.
Until you make another visit, and can reset that clock, you have nothing.

If yes, then read on.


Let's be clear about a couple of other things.

(i) Unlike Australia, marriage in the US is regulated by the States.
Iowa's rules may differ from those of, say, California, or North Dakota, or Rhode Island.
I suggest getting yourself a lawyer in Iowa for specific advice about what is required there.
Apart from the general law of marriage in Iowa, the administrative process involving marriage to prisoners is complex and onerous.
And, expensive. ---> You get to pay all the bills.
You can engage a lawyer there from Australia, as long as they are satisfied that you can and will pay them.

(ii) The Alien Fiance process is driven by the American wanting to bring in the foreigner.
It's the American who has to file the application (they call it a "Petition").
However, him being a prisoner may be a problem.
You need to be crystal clear that he is even eligible to apply to USCIS from prison.
That's a question you'll need to ask an Iowa lawyer.

(iii) Separately to the above process, there is the question of an inmate in an Iowa gaol getting permission from the prison authorities to marry.
That will involve the inmate showing that the relationship is genuine.

(iv) It is not a given that you will get to stay in the US, just because you are married to an American.

(v) Assuming this all goes through, then even as your husband, he has no automatic right of entry into Australia, even if he ever gets out of gaol.

(vi) Having been convicted of something that got him gaoled, chances are, he'd never meet the Good Character Test for an Australian Visa.


Truth be, you're pushing a very big rock
up a series of very steep hills here.
But, everyone should have a chance at happiness.
Best of luck.
Thank you so much for your assistance, I appreciate it :)