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katie1990

Petitioner is in prison, My mother has her AOS interview in July, Would USCIS deny her Green Card because the petitioner is incarcerated?

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Filed: AOS (pnd) Country: Honduras
Timeline

So my mother EWI in 1993 from Honduras. She met and married my stepfather (born in Tennessee) in 1999,had my brother in 2001 and he filed an 1-130 petition for us. We werent able to adjust status then because my stepfather has been in and out of prison. In 2004 he got convicted of attempted murder and received an 11 year to life sentence. So this whole time she thought we couldnt fix our status but with a consultation we figured out we could under 245i. So i just got my green card,but the Interviewing officer didnt ask anything about my stepfather. But i know that with her it will be different because he will be expected to be there as his spouse. But she has proof that theyre still together regardless of the circumstanse (thousands of letters,yes thousands idea9dv.gif they write each other every day,the visiting logs that go as far as 1999,she visits every 2 months because hes 4 hours away,call logs,money receipts shes sent,of course my brother,another thing im not sure will matter is she has his name tattooed on her leg,so does he on his chest. And paper trail of before 2004 that prove they were living together such as rent receipt and car insurance under both of their names. So basically our question is how do you guys think this will go? He has a life sentence so its not like they can postpone until he gets out,so were hoping they dont deny her. Its an unusual case so basically id like some opinions of how things can go or how to hanlde this. Thank you for your time.

June, 1996: EWI from Honduras and been here ever since !
April , 2001: American born father filed I-130
May 22 , 2012 : Lawyer sent AOS
June 10, 2012 : checks cashed
June 11, 2012 : NOA's arrived
June 13, 2012 : Biometrics appointment arrived for July 5th
June 19, 2012: Succesful walk-in at Bellflower,ca office
July 25, 2012 : First card production ordered text/email
July 30, 2012 : second card production ordered text/email
July 30 ,2012 : Third text/email approval notice sent
July 31,2012 : Fourth text/email usps reported it picked up email
Aug 2, 2012 : Fifth email USPS has delivered your new card at address on file
Sep 7,2012 : Text notification update: On September7th we mailed you an appointment notice for an interview for October 10,2012!!
Sep 10,2012: receieved interview letter in the mail for October 10 at LA field office!

May 6,2013 : Recieved email I-485 approved

May 10,2013: card document production ordered/ received Welcome letter

May 16,2013: Received Green Card in Mail!

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Filed: AOS (pnd) Country: Nigeria
Timeline

So my mother EWI in 1993 from Honduras. She met and married my stepfather (born in Tennessee) in 1999,had my brother in 2001 and he filed an 1-130 petition for us. We werent able to adjust status then because my stepfather has been in and out of prison. In 2004 he got convicted of attempted murder and received an 11 year to life sentence. So this whole time she thought we couldnt fix our status but with a consultation we figured out we could under 245i. So i just got my green card,but the Interviewing officer didnt ask anything about my stepfather. But i know that with her it will be different because he will be expected to be there as his spouse. But she has proof that theyre still together regardless of the circumstanse (thousands of letters,yes thousands idea9dv.gif they write each other every day,the visiting logs that go as far as 1999,she visits every 2 months because hes 4 hours away,call logs,money receipts shes sent,of course my brother,another thing im not sure will matter is she has his name tattooed on her leg,so does he on his chest. And paper trail of before 2004 that prove they were living together such as rent receipt and car insurance under both of their names. So basically our question is how do you guys think this will go? He has a life sentence so its not like they can postpone until he gets out,so were hoping they dont deny her. Its an unusual case so basically id like some opinions of how things can go or how to hanlde this. Thank you for your time.

this is a tough one to answer but them bottom line is she entered the marriage in good fate and, it doesn't matter if the partner is incarcerated, after-all they got married before the incarceration and i think she might have a good case with all the documents u mentioned they both have. may be your brother should write a supporting letter and giver her wife when shes going for the interview this is my own personal opinion and remember am not a lawyer

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Filed: AOS (pnd) Country: Honduras
Timeline

this is a tough one to answer but them bottom line is she entered the marriage in good fate and, it doesn't matter if the partner is incarcerated, after-all they got married before the incarceration and i think she might have a good case with all the documents u mentioned they both have. may be your brother should write a supporting letter and giver her wife when shes going for the interview this is my own personal opinion and remember am not a lawyer

Thank you for answering, the letter from my brother is a good idea but unfortunately hes 12,and Autistic,he doesnt know how to write yet, but he will be going to the interview, i forgot to mention theres a lot of pictures too from when we go visit , we always take pictures.

Edited by katie1990

June, 1996: EWI from Honduras and been here ever since !
April , 2001: American born father filed I-130
May 22 , 2012 : Lawyer sent AOS
June 10, 2012 : checks cashed
June 11, 2012 : NOA's arrived
June 13, 2012 : Biometrics appointment arrived for July 5th
June 19, 2012: Succesful walk-in at Bellflower,ca office
July 25, 2012 : First card production ordered text/email
July 30, 2012 : second card production ordered text/email
July 30 ,2012 : Third text/email approval notice sent
July 31,2012 : Fourth text/email usps reported it picked up email
Aug 2, 2012 : Fifth email USPS has delivered your new card at address on file
Sep 7,2012 : Text notification update: On September7th we mailed you an appointment notice for an interview for October 10,2012!!
Sep 10,2012: receieved interview letter in the mail for October 10 at LA field office!

May 6,2013 : Recieved email I-485 approved

May 10,2013: card document production ordered/ received Welcome letter

May 16,2013: Received Green Card in Mail!

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Filed: Citizen (apr) Country: Nigeria
Timeline

So my mother EWI in 1993 from Honduras. She met and married my stepfather (born in Tennessee) in 1999,had my brother in 2001 and he filed an 1-130 petition for us. We werent able to adjust status then because my stepfather has been in and out of prison. In 2004 he got convicted of attempted murder and received an 11 year to life sentence. So this whole time she thought we couldnt fix our status but with a consultation we figured out we could under 245i. So i just got my green card,but the Interviewing officer didnt ask anything about my stepfather. But i know that with her it will be different because he will be expected to be there as his spouse. But she has proof that theyre still together regardless of the circumstanse (thousands of letters,yes thousands idea9dv.gif they write each other every day,the visiting logs that go as far as 1999,she visits every 2 months because hes 4 hours away,call logs,money receipts shes sent,of course my brother,another thing im not sure will matter is she has his name tattooed on her leg,so does he on his chest. And paper trail of before 2004 that prove they were living together such as rent receipt and car insurance under both of their names. So basically our question is how do you guys think this will go? He has a life sentence so its not like they can postpone until he gets out,so were hoping they dont deny her. Its an unusual case so basically id like some opinions of how things can go or how to hanlde this. Thank you for your time.

The big issue is the I-864 (Affidavit of Support). Because regardless he will need to fill out one and she will need a co-sponsor. So what will she do about that?

Edited by dwheels76

Case Complete to Interview spreadsheet

From now on your VJ Member name will be verified. If the name you put on form to be added to spreadsheet comes up not found, you will not be added to the spreadsheet. If you don't have a timeline you will not be added to the spreadsheet.

Please Please put your VJ member name only. Not nicknames or real names whatever your VJ name is. It's below your profile picture!!

 

Come join the current Interview thread: 

DQ-to-Interview-2023-all-countries

Case Complete to Interview Spreadsheet
Case Complete to Interview Form

 

 

 

ROC I-751
5/21/2018: Filed i751 ROC
6/12/2018: NOA1 Date
3/5/2019: Biometrics Appt
12/28/2019: 18 month Extension has expired
1/9/2020: InfoPass Appt to get stamp in Passport
2/27/2020: Combo Interview (ROC and Citizenship)
3/31/2020: submitted service request for being pass normal processing time
4/7/2020: Card being produced
4/8/2020: Approved
4/10/2020: Card mailed
4/15/2020: 10 year green card received
 
 
N-400
5/21/2019: Filed Online
5/21/2019: NOA1 Date
6/13/2019: Biometrics Appt
2/27/2020: Citizenship Interview
4/7/2020: In queue for Oath Ceremony to be scheduled
6/19/2020: Notice Oath Ceremony scheduled
7/8/2020: Oath Ceremony (Houston)

 

 

 

 

 

 

 

 

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Filed: AOS (pnd) Country: Honduras
Timeline

The big issue is the I-864 (Affidavit of Support). Because regardless he will need to fill out one and she will need a co-sponsor. So what will she do about that?

Yes my stepfathers cousin will be co sponsoring, theyve been more than supportive of us throughout the years as well. She sent in the paperwork late march and have the interview Late July.

June, 1996: EWI from Honduras and been here ever since !
April , 2001: American born father filed I-130
May 22 , 2012 : Lawyer sent AOS
June 10, 2012 : checks cashed
June 11, 2012 : NOA's arrived
June 13, 2012 : Biometrics appointment arrived for July 5th
June 19, 2012: Succesful walk-in at Bellflower,ca office
July 25, 2012 : First card production ordered text/email
July 30, 2012 : second card production ordered text/email
July 30 ,2012 : Third text/email approval notice sent
July 31,2012 : Fourth text/email usps reported it picked up email
Aug 2, 2012 : Fifth email USPS has delivered your new card at address on file
Sep 7,2012 : Text notification update: On September7th we mailed you an appointment notice for an interview for October 10,2012!!
Sep 10,2012: receieved interview letter in the mail for October 10 at LA field office!

May 6,2013 : Recieved email I-485 approved

May 10,2013: card document production ordered/ received Welcome letter

May 16,2013: Received Green Card in Mail!

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Share on other sites

Filed: Citizen (apr) Country: Nigeria
Timeline

Yes my stepfathers cousin will be co sponsoring, theyve been more than supportive of us throughout the years as well. She sent in the paperwork late march and have the interview Late July.

Well the petitioner still has to fill out a I-864. But i strongly suggest a consult with a immigration attorney. Since looks like they never really lived as a married couple i don't know what they will do as far as bonafide evidence.

Once in the US you are expected to live together. This is an interesting situation. I am sure more knowledgeable people will come and lend a hand.

Case Complete to Interview spreadsheet

From now on your VJ Member name will be verified. If the name you put on form to be added to spreadsheet comes up not found, you will not be added to the spreadsheet. If you don't have a timeline you will not be added to the spreadsheet.

Please Please put your VJ member name only. Not nicknames or real names whatever your VJ name is. It's below your profile picture!!

 

Come join the current Interview thread: 

DQ-to-Interview-2023-all-countries

Case Complete to Interview Spreadsheet
Case Complete to Interview Form

 

 

 

ROC I-751
5/21/2018: Filed i751 ROC
6/12/2018: NOA1 Date
3/5/2019: Biometrics Appt
12/28/2019: 18 month Extension has expired
1/9/2020: InfoPass Appt to get stamp in Passport
2/27/2020: Combo Interview (ROC and Citizenship)
3/31/2020: submitted service request for being pass normal processing time
4/7/2020: Card being produced
4/8/2020: Approved
4/10/2020: Card mailed
4/15/2020: 10 year green card received
 
 
N-400
5/21/2019: Filed Online
5/21/2019: NOA1 Date
6/13/2019: Biometrics Appt
2/27/2020: Citizenship Interview
4/7/2020: In queue for Oath Ceremony to be scheduled
6/19/2020: Notice Oath Ceremony scheduled
7/8/2020: Oath Ceremony (Houston)

 

 

 

 

 

 

 

 

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Filed: K-1 Visa Country: Canada
Timeline

I don't have any advice as I have no knowledge in this area....but I want to wish your family the best of luck. I hope and pray it all works out for everyone. Sounds like a rough situation. I'm glad you are all getting your status taken care of though. That is very important. So, thank you for doing the right thing! :) And congratulations on your green card!

K-1 VISA ADVENTURE:
04-01-2012: Engaged in Detroit, Michigan at Comerica Park!
USCIS
05-02-2012: Sent I-129F to Dallas Lockbox
05-14-2012: Received Physical NOA1
08-09-2012: Received Physical NOA2
Montreal Embassy
08-21-2012: Package 3
09-06-2012: Package 4
11-12-2012: Medical in Toronto, Ontario (Approved-Went Well! Tip: Make sure you have ALL of your vaccinations up to date when you go to your medical exam! It CAN delay things.
11-19-2012: Interview in Montreal (APPROVED!!)
11-21-2012: Received Passport and Visa Package Back From Montreal (DHL/LOOMIS OPENED OUR SEALED ENVELOPE! SENT BACK TO MONTREAL ON 11-23-2012 TO BE RESEALED)
12-04-2012: Recevied resealed Visa package from Montreal
12-23-2012: POE: Port Huron, Michigan (Everything Went Great!)
02-16-2013: Wedding Date! We're MARRIED!

AOS

06-18-2013: Sent AOS Package to Chicago Lockbox

06-20-2013: USPS Estimating Package Should Arrive in Chicago

06-24-2013: Received NOA Text and Emails for All Applications

06-27-2013: Received Physical NOAs for AOS, EAD and AP

07-16-2013: Biometrics Appointment

07-29-2013: I-485 Ready for Interview to Be Scheduled!!! YAY!!!! (No EXTREMELY Long Wait!)

08-02-2013: Received Mail with Interview Date!

09-03-2013: Interview in Detroit, Michigan (APPROVED!)

09-04-2013: EAD/AP Approved! (Even though it no longer matters because GC was approved the day before)

09-09-2013: Green Card mailed out via USPS 2-Day Air

09-11-2013: Received 2 Year Conditional Green Card in the Mail

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Filed: AOS (pnd) Country: Honduras
Timeline

Well the petitioner still has to fill out a I-864. But i strongly suggest a consult with a immigration attorney. Since looks like they never really lived as a married couple i don't know what they will do as far as bonafide evidence.

Once in the US you are expected to live together. This is an interesting situation. I am sure more knowledgeable people will come and lend a hand.They did live together for

Thank you for responding,now to clarify,we do have an attorney and hes optimistic everything will be ok,but he is an attorney,and they are supposed to say that anyways lol so i wanted to see if anyone else had seen or been in a similar situation. They Did live together for over 4 years before and after getting married,they had my brother shortly after getting married. He did get incarserated a couple of times in county jail but only for days for minor stuff then hed be right back home if thats what you mean by them not living together.

I don't have any advice as I have no knowledge in this area....but I want to wish your family the best of luck. I hope and pray it all works out for everyone. Sounds like a rough situation. I'm glad you are all getting your status taken care of though. That is very important. So, thank you for doing the right thing! smile.png And congratulations on your green card!

Thank you so much for your well wishes its very much appreciated!

June, 1996: EWI from Honduras and been here ever since !
April , 2001: American born father filed I-130
May 22 , 2012 : Lawyer sent AOS
June 10, 2012 : checks cashed
June 11, 2012 : NOA's arrived
June 13, 2012 : Biometrics appointment arrived for July 5th
June 19, 2012: Succesful walk-in at Bellflower,ca office
July 25, 2012 : First card production ordered text/email
July 30, 2012 : second card production ordered text/email
July 30 ,2012 : Third text/email approval notice sent
July 31,2012 : Fourth text/email usps reported it picked up email
Aug 2, 2012 : Fifth email USPS has delivered your new card at address on file
Sep 7,2012 : Text notification update: On September7th we mailed you an appointment notice for an interview for October 10,2012!!
Sep 10,2012: receieved interview letter in the mail for October 10 at LA field office!

May 6,2013 : Recieved email I-485 approved

May 10,2013: card document production ordered/ received Welcome letter

May 16,2013: Received Green Card in Mail!

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