New York, NY asked in Family Law and Immigration Law for Illinois

Q: Im an Italian citizen, want to marry Illinois prisoner.

I would travel to Centralia as a tourist for a few days, and I absolutely don’t want to apply for a Green Card after the wedding, since I still want to live in my Country.

Can you tell me what do we need to know and to do in order to make this happen?

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2 Lawyer Answers
Carl Shusterman
Carl Shusterman
  • Immigration Law Lawyer
  • Los Angeles, CA

A: That's going to be very tricky. You will need to convince the CBP officer at the airport that although you are going to marry a US citizen, you have no intention to remain permanently in the US. Best to schedule a consultation with an immigration attorney to discuss this.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Immigration Law Lawyer
  • Sacramento, CA

A: To marry an Illinois prisoner as an Italian citizen, there are several steps and considerations to keep in mind. Here's an overview of the process:

Research marriage laws: Familiarize yourself with the marriage laws in Illinois, as they may have specific requirements or restrictions for marrying a prisoner. Contact the Illinois Department of Corrections or consult an attorney to understand any additional procedures or guidelines specific to prison marriages.

Visit as a tourist: Since you plan to visit Centralia as a tourist, ensure that you comply with the requirements for entering the United States as an Italian citizen. Obtain the necessary tourist visa or travel authorization (such as the Visa Waiver Program) and ensure you have a valid passport.

Communicate with the prison: Contact the prison where your partner is incarcerated and inquire about their policies and procedures for prison marriages. They will provide you with the necessary information on how to proceed, including any required forms or documentation.

Obtain a marriage license: In Illinois, you will need to obtain a marriage license from the county clerk's office in the county where the prison is located. Check the specific requirements for the county and bring the necessary identification documents, such as your passport, birth certificate, and proof of residency if required.

Coordinate with the prison authorities: Work closely with the prison authorities to arrange the logistics of the wedding ceremony. They will guide you through the process, including scheduling the date and time, ensuring appropriate security measures, and obtaining any required approvals.

Conduct the wedding ceremony: Once all the arrangements are in place, the wedding ceremony can take place at the designated location within the prison. Ensure that an authorized officiant is present to solemnize the marriage, and have witnesses if required by Illinois law.

Remember, marriage laws and procedures can vary, so it is advisable to consult with an attorney who specializes in family law or prison marriages to ensure compliance with all legal requirements and procedures specific to Illinois and the prison system. They can provide personalized guidance based on your specific circumstances and help facilitate the process.

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