Skip to main content

Can a US. citizen that is in state prison marry someone that is in the US. on a tourist visa?

33166 |

if so how long does it take? If not what could be done? right now im out of the country and im going to turn myself in but my fiancee dosent have a visa. what can be done? my plan was to get her a tourist visa then marry her there in the US. but now im hearing thats not possible because ill be in prison for three years. and If not a tourist visa what kind is the easiest to get

Attorney Answers 4


  1. There is no law against it, and it is up to your prison warden to arrange for you to get married, while you are in prison. Since you cannot be together with your wife in any case for another three years, then you should wait until you are out of prison to get married to her in her country, or file a fiancé visa for her.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.


  2. Yes. As long as the inmate can convince the prison warden and chaplain to cooperate and arrange the ceremony. To get a tourist visa to the US, your girl friend will have to convince the consul that she intends to return after a temporary visit to the US, and for that she needs to show "substantial ties" to her home country. No easy task, based on the facts you cite. GF's tourist visa application will, in all likelihood be denied.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  3. a person who is incarcerated is allowed to get married. Each particular institution has their own rules on this issue and procedures on how to go about it

    Irene Vaisman, Esq. 11 Broadway, Suite 615 New York, NY 10004 (646) 253-0516 This is not legal advice and a client attorney relationship is not created. For a free consultation call (646) 253-0516.


  4. You can marry without any problem; the best way to bring her into the US would be by filing a fiancee visa (usually that is not the best way but in your particular circumstances, it is). Once she is here, you will have to marry her withing 90 days. Good luck.

Immigration topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics