Husband in jail, unable to attend AOS interview

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yellow23

New Member
Hello everyone. I really need your help with this. My husband and I have been married for over 2 years now. We are both 23 (he is the US citizen) and I applied for adjustment of status in 2006. Our AOS interview is scheduled for July 12 2007 but my husband will be in jail serving an 18 month sentence during that time! Firstly , I’m scared and worried for him because he is going to jail in a few days. But I’m mad at him for leaving me like this…
Is there anyone that can tell me how this is going to affect the interview and its outcome?
Anyone faced this type of situation where your spouse could not attend the interview with you?
How do i handle this? I cant even afford a lawyer
Any advice would be appreciated. Thanks.
 
yellow23 said:
Hello everyone. I really need your help with this. My husband and I have been married for over 2 years now. We are both 23 (he is the US citizen) and I applied for adjustment of status in 2006. Our AOS interview is scheduled for July 12 2007 but my husband will be in jail serving an 18 month sentence during that time! Firstly , I’m scared and worried for him because he is going to jail in a few days. But I’m mad at him for leaving me like this…
Is there anyone that can tell me how this is going to affect the interview and its outcome?
Anyone faced this type of situation where your spouse could not attend the interview with you?
How do i handle this? I cant even afford a lawyer
Any advice would be appreciated. Thanks.
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Make an INFOPASS and go meet an immigration before the interview and talk about it. At best I think the interview might be postponed until he comes out. But you need to let USCIS know whats going on, or else they will think u abandoned ur case.
 
I doubt that USCIS will postpone the interview for 18 months of sentence that he has to serve... but even then, what kind of man did you marry? :p

Unless he gets release on parole (not the I-131... lol :p), I doubt this will go well...
 
Stay in love, as you can refile when he gets out. IN the mean time use your EAD to be working. Keep USCIS in the loop.
 
She can not "stay" in love, because she can not "stay" at all... USCIS will not wait 1.5 years for the sentence to be completed and then interview them and give her a GC. Just as they would void the petition if her husband dies.

She is the alien doing AOS, so the petition will be abandoned and eventually denied and she will have to leave the US because she will be out-of-status.
 
USCIS will not wait 1.5 years for the sentence to be completed and then interview them and give her a GC.
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I don't think so. IF SHE is unable to interview jointly through no fault of her own, she will not be denied benefits just because of that. It may be rescheduled for an earlier or a much later date.
Just as they would void the petition if her husband dies.
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a widow may self-petition if the marriage lasted more than two years.

Make an INFOPASS and go meet an immigration before the interview and talk about it. At best I think the interview might be postponed until he comes out. But you need to let USCIS know whats going on, or else they will think u abandoned ur case.
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I think this was a very reasonable advice.
 
LucyMO said:
I don't think so. IF SHE is unable to interview jointly through no fault of her own, she will not be denied benefits just because of that. It may be rescheduled for an earlier or a much later date.
a widow may self-petition if the marriage lasted more than two years.
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1) What if he was sent to prison for 5 years... USCIS would schedule an interview for 2012? and she would renew EAD and AP forever... while her status is still pending? I just do not see how this can happen.

2) For informative purposes, you are saying if I marry an USC and our marriage is over 2 years, and my spouse dies... and I never filed for AOS, I can file as a widow of USC? Where can I find information about that? I thought that just as with USC parents requesting their children for GC, if the parent dies... the petition is void.
 
What are the charges? Somehow I would think your husband being in jail would fail to comply with the USCIS requirements... for instance... The I-864, how is he supposed to support the alien? making license plates? :p
 
myredskins said:
for that (affidavit of support) he could use someone else, his relative or so if they agree.
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Pardon me, but I was assuming he meant he could "transfer" and Affidavit of Support already filed on his behalf to someone else.

Like passing it (the responsability) on to someone else. Without refiling.

LucyMO said:
it's called a co-sponsor. Read instructions on the immigration forms BEFORE you advise people, please.

A widow(er) may petition for themselves - form I-360.
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Thank you also for the information on the I-360.

I DO know what a co-sponsor is, I DO know that if your spouse alone can not support you according to the poverty guidelines, then you need a co-sponsor to sign with you.

BUT, that is besides the point... even if the I-864 is sent with a co-sponsor... will USCIS postpone her interview for 16 months? :confused:
 
PraetorianXI said:
BUT, that is besides the point... even if the I-864 is sent with a co-sponsor... will USCIS postpone her interview for 16 months? :confused:
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I think they should be able to postpone an interview for as long as it suits all the parties involved. Remember that this is a system designed by people for the people, so why not be flexible? I am not saying this is what USCIS would do, but if i designed the system I would let people be served. Uit Prosium.
 
:rolleyes:

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hello yellow23,
here is advise from someone who has been in your shoes. i married in jan02, filed for adjustment in may03. my husband was arrested and jailed pending trial in dec 03. he was not released (case was dismissed) until mid jan07. as soon as he was arrested i made an info pass to let them know he was in jail. the officer told me they would have found that out anyway since they check the petioners for rap sheets too and would probably not schedule an interview. i didn't really belive her but had no choice but to wait. i continued to work and renewed my ead 3 times. my husband was released mid jan07 and i got a notice for interview on 2/1/07. interview was in march and i have my permanent card already. my do was nyc.
if you really love your husband, just support him during this time and things will work out with your green card. people make mistakes and you cannot wipe out years of love and caring without trying to make it work. btw when we went for the interview they asked me whether i had been visiting him in jail and asked to see records of that and phonecalls during that time.
 
my husband was arrested and jailed pending trial in dec 03. he was not released (case was dismissed) until mid jan07.
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he was jailed for 3 years and the case was dismissed after all? what about the right for a speedy trial????????????????
 
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