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FLDOC - What You Need to Know Information relating to the Florida Department of Corrections. Q&A for those new to the FLDOC system should be posted here.

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  #1  
Old 10-15-2006, 03:56 PM
so_hurt so_hurt is offline
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Default felons can't vote but what about marrying "aliens"?

My boyfriend is upset because my visa will expire in 11 months and he'll still be in prison by this time. So now he wants to marry me because he thinks I would get a permanent residence card by marrying him. I don't believe it. (and I don't want to marry in a prison, either). My hostfather says felon's can't vote so they barely have any rights. He thinks even though I married an american it wouldn't change anything since "my" american is a convicted felon.

Does anybody know anything about that?
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  #2  
Old 10-15-2006, 07:11 PM
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Default I can help!

I have looked into this issue also. I am a Canadian citizen and my fiance wants to us to live in the states upon his release. Your man can apply for you but it is a process that can take several months. His incarceration does not effect his ability to apply for you as a finace or a wife but his inability to support you can affect the approval of the application.

Here is the official response I got from the embassy

Your fiancé’s incarceration will not affect his ability to file an immigrant visa petition for you (the first step towards immigration to the U.S.). However, it may affect your ability to actually obtain an immigrant visa (the final step towards immigration) if his income and/or yours is insufficient to fulfill the requirements for immigration. There are two ways to approach the first step. The first and best is for your fiancé to file a petition (an I-129) for you as his fiancé with the Citizenship and Immigration Service (see the website www.uscis.gov). Once approved (a process that can take many months), you will need to obtain a fiancé visa at either the U.S. The Consulate where your visa will be processed will provide you with guidance on the steps necessary to obtain your visa. These steps include, among other things, providing a police clearance, passing a physical exam, and providing three years’ worth of tax returns from a sponsor (which probably cannot be your fiancé since he has no income while incarcerated), which meet the standards to ensure that you would not become a public charge following your immigration to the U.S.

Alternatively, you could theoretically get married in the U.S. and your husband could file a petition called an I-130 for you as his spouse. This route has many potential pitfalls. Doing it this way implies that you have entered the U.S. in order to marry your husband and it is highly likely that you would be refused admission to the U.S. if you tried to enter the U.S. for this purpose. It is also possible that you could prejudice your future ability to enter the U.S. if you tried this.

Regarding citizenship, unless you acquired citizenship at birth, through a parent (or, in a very limited set of circumstances, a grandparent), you cannot just apply for U.S. citizenship on your own. There are some instances in which it is possible for an employer to file a petition for you to work in the U.S. and that process can lead to an immigrant visa and, five years after that, potentially to citizenship. Obtaining an immigrant visa through an employer is the only alternative to obtaining one through an immediate relative.

I hope that this information will be helpful to you.


Consul
American Embassy, Ottawa

Hope this helps you!

Last edited by Our journey; 10-15-2006 at 07:12 PM..
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  #3  
Old 10-15-2006, 10:24 PM
so_hurt so_hurt is offline
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Default Wow!

wow I would have never expected such a detailed answer!! That is cool, thank you so very much Mrs. Wallace!!! Wow!

Well I don't want to become an U.S. citizen, I prefer to stay European but it would be nice to be able to enter and leave the states whenever I wanted to... Then I could pick him up from prison when he gets out.
My dream is taking him to Germany with me, I would love to live there with him, but to convince Germany to let a convicted felon enter the country won't be easy So maybe if we really want to marry and stay together then I have to move to America - somehow.
But thank you sooooo much for your great answer!!!!!!!!!
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Old 10-16-2006, 02:31 PM
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Milena, I am looking into all of this as well because I live in England and my guy gets released in Dec. I've been in touch with a lot of immigration lawyers and I'll be starting down the route of seeing how we can be together once he's out in Dec. We're going to see if he can come to England first of all so I can keep you up to date if that helps. It is a long process filled with bureaucracy and a lot of patience but I'm certainly going to do all I can to marry and live with my guy and I wish you luck and success with your situation.
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Old 10-16-2006, 09:29 PM
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Wow starchild, yes PLEASE keep me up to date! Thank you so soo much!
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Old 11-05-2006, 10:46 PM
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hey...
I just got back from my visit. My boyfriend asked me again if I would pleeeeaaaaaaase marry him and since I love him soo soooo much I seriously started thinking about it. He cried secretly when I had to leave and it almost broke my heart. His face was all read and he covered his eyes with his hand and turned around so nobody else could see the tears and I knew he was crying. Oh my god it really hurt to see him like this.
How is your marriage process going, starchild? where are you going to marry each other? in the united states? which documents do you need? I would love to get more information
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Old 11-06-2006, 01:04 AM
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Quote:
Originally Posted by Milena
hey...
I just got back from my visit. My boyfriend asked me again if I would pleeeeaaaaaaase marry him and since I love him soo soooo much I seriously started thinking about it. He cried secretly when I had to leave and it almost broke my heart. His face was all read and he covered his eyes with his hand and turned around so nobody else could see the tears and I knew he was crying. Oh my god it really hurt to see him like this.
How is your marriage process going, starchild? where are you going to marry each other? in the united states? which documents do you need? I would love to get more information
Hi Milena

I know how you feel walking away from a visit, especially one like that. Both times I have walked away its to go back to England and it really does break your heart to leave them...... We really can't do anything much about the marriage process. First he needs to get out, get a passport and entry visa to be allowed into UK (hopefully he'll be able to get these), then first we need to apply to see if he can live here as my partner and if not then we start the whole 'fun' process of the US route with me applying for a fiancee visa. Ideally we would live in UK as I have a son but if not we'll go down the USA route. Both ways take time, money and a lot of patience. There is a lot more info on the immigration forum or pm me if you want to talk more.
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Old 11-08-2006, 08:39 PM
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thank you starchild! where can I find the immigration forum?
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Old 11-09-2006, 08:03 PM
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if I had a workvisa, could I marry him then? While is was still incarcerated?
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