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Old 09-13-2019, 03:37 PM
prettyblueraven prettyblueraven is offline
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Default Marriage and Interstate Compacts

One of the stipulations of a mandatory transfer is having an immediate family member host, a spouse being listed as acceptable family member. My question being, is there a time frame in which one must have been married, such as before the offense occurred? There is no such stipulation listed under the compact rules, but I have seen a few posts where a recent marriage would not be considered and the transfer would be become discretionary and most likely denied. Advice or personal experience would be of interest and appreciated.

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Old 09-13-2019, 04:27 PM
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Its difficult at best to 2nd guess what the reviewer of your compact will ultimately decide, but let's just say that a very recent marriage is often viewed as an attempt to ensure approval - and is then frowned upon. That's not to say you shouldn't at least try. Hope for the best and expect the worst.


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Old 09-13-2019, 05:12 PM
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Originally Posted by patchouli View Post
Its difficult at best to 2nd guess what the reviewer of your compact will ultimately decide, but let's just say that a very recent marriage is often viewed as an attempt to ensure approval - and is then frowned upon. That's not to say you shouldn't at least try. Hope for the best and expect the worst.


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While I understand what you are saying, no where in the compact rules does it state that you must have been married or be a family member for a specific amount of time, but that they simply must be an immediate family member. It gives time frames for other stipulations, but not that one. Of course many people who were otherwise going to get married a later date, have to speed up the process. Many of the questions here involve people who intend to get married because the compact requires it. I understand a reviewer can decline a discretionary transfer, but since when does a legally binding contract between two consenting adults that are residents of this country, one that is required by the compact and not strictly defined and would be recognized anywhere else in the world, suddenly become discretionary? Has anyone had personal experience with this or been declined because the marriage was too soon? I'm not trying to be argumentative, I'm honestly curious. I think marriage these days is a ridiculous requirement, but the lawmakers are the ones that decided to define a family member as a spouse. It seems contradictory to punish people for following it, and presumptuous to personally decide what constitutes a real marriage. If I hold a legal marriage certificate, I'm married...regardless if someone likes it or not. If someone else can decide that I am not married long enough, when is long enough? Who decides that? Where is that written? I'm honestly curious because this seems to be a pretty big grey area in an otherwise straightforward list of rules.
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Old 09-14-2019, 03:22 AM
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Unfortunately while on parole or probation the people who are supervising you can impose restrictions that are not specified anywhere except in their heads. That includes ICAOS decisions.

It is what it is, you can fight unfair decisions, but the courts routinely side with the keepers anyway.
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Old 09-18-2019, 11:21 AM
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Quote:
Originally Posted by prettyblueraven View Post
One of the stipulations of a mandatory transfer is having an immediate family member host, a spouse being listed as acceptable family member. My question being, is there a time frame in which one must have been married, such as before the offense occurred? There is no such stipulation listed under the compact rules, but I have seen a few posts where a recent marriage would not be considered and the transfer would be become discretionary and most likely denied. Advice or personal experience would be of interest and appreciated.


You as a spouse . Do you have a home for him to live ? Are you ready to provide the support that he needs. Are you a permeant resident where he wants to transfer.
You just can not run and rent a place where he wants to transfer thinking that this makes a mandatory transfer. You must show that you have stability in the community that he is seeking transfer to.
It still falls on the receiving state if he gets the transfer in to that state.
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Old 09-18-2019, 11:39 AM
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I think this is the thinking:
Whether we like it or not, a marriage certificate brings the coupling into the realm of legal contract. In theory, that's a pretty serious thing. In reality, well...we know how that goes. But it does create some sort of legal binding that's a lot more complicated to walk away from.

But it's not just the piece of paper, as you've noted and others have warned against. They do want to see some longevity and healthy support options like housing, employment, community connections on the part of the receiving spouse.

We've been married 4.5 years. He will be applying for IC sometime next spring if all goes well. We're well aware that our marriage secures almost nothing. It's a factor. But, without it, we've lessened our chances.

I can understand feeling angsty against the state seemingly requiring you to do something you may not believe in. I had a friend who wouldn't marry her (husband) of 30+ years until marriage equality was enacted in our state. It was a matter of principle. But you have to look at it from their point of view, as well. Their decision, in the most base sense, is to ensure that the parolee-- who is still essentially an inmate and not free to do as they choose, has the absolute best shot at successful parole. They can't afford to be arbitrary. So marriage, helps. Housing, helps. Stability/time in the receiving state, helps.

The other option is to wait out their parole and cohabitate when there aren't any strings.
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Old 09-26-2019, 10:08 PM
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Quote:
Originally Posted by Patrickj View Post
You as a spouse . Do you have a home for him to live ? Are you ready to provide the support that he needs. Are you a permeant resident where he wants to transfer.
You just can not run and rent a place where he wants to transfer thinking that this makes a mandatory transfer. You must show that you have stability in the community that he is seeking transfer to.
It still falls on the receiving state if he gets the transfer in to that state.

I am very aware of that. I have been a resident of my state for over 30 years, of this town for over 18 years and in my home for over 12 years. I am in upper management in the same job for over 12 years and own two businesses, which he is has been helping to manage for over the past year and he has his own income as well. His sending state has no problem giving permission to transfer to my state.

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Old 09-26-2019, 10:49 PM
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Quote:
Originally Posted by miamac View Post
I think this is the thinking:
Whether we like it or not, a marriage certificate brings the coupling into the realm of legal contract. In theory, that's a pretty serious thing. In reality, well...we know how that goes. But it does create some sort of legal binding that's a lot more complicated to walk away from.

But it's not just the piece of paper, as you've noted and others have warned against. They do want to see some longevity and healthy support options like housing, employment, community connections on the part of the receiving spouse.

We've been married 4.5 years. He will be applying for IC sometime next spring if all goes well. We're well aware that our marriage secures almost nothing. It's a factor. But, without it, we've lessened our chances.

I can understand feeling angsty against the state seemingly requiring you to do something you may not believe in. I had a friend who wouldn't marry her (husband) of 30+ years until marriage equality was enacted in our state. It was a matter of principle. But you have to look at it from their point of view, as well. Their decision, in the most base sense, is to ensure that the parolee-- who is still essentially an inmate and not free to do as they choose, has the absolute best shot at successful parole. They can't afford to be arbitrary. So marriage, helps. Housing, helps. Stability/time in the receiving state, helps.

The other option is to wait out their parole and cohabitate when there aren't any strings.
Thank you for your reply and your thoughts. I spoke with two parole officers in my county and their answers were very interesting and I thought I would share them here. One was a supervisor and the other his parole officer during his home check just today. I was very upfront about the marriage and said that I absolutely married him because of the compact. We were assured by the sending parole officer and by the receiving state compact office that without it we would be denied. Both officers were very nice.

The supervisor sat with me for about an hour and explained how things worked. I expressed my worries about the marriage and he assured me that it was still a recognized marriage. While chuckling told me that it still counted as a marriage and was a mandatory transfer. He said we were basically waiting for a transfer date. The officer came out today and did mention that the marriage was recent and that their concern was people wanting to transfer to my state to abuse marijuana laws. I once again, explained that I had indeed married him due to the rules that were stipulated in their compact. That we were engaged and that I really wanted to marry him in my garden and not in a deep south baptist revival church. But that I was simply following their rules. As for the chosen state, my husband is not the biggest fan (Mississippi to California transfer) and that he would rather I live in another state if given the choice, but that is not an option as I have lived here most of my life and cannot move at this time. The officer agreed that no one on their right mind would move here. Lol. At the end of the visit he said that he would most likely be transferred and that he couldn't see a reason to deny it. I was blatantly honest with them about my reason for marrying him as soon as I did and about our intentions. I guess we will see what happens soon.
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