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

[katie1990 23]

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 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.

[ddkorestin 10]

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 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

[katie1990 23]

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 June 22, 2013 by katie1990

[dwheels76 5,463]

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 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 June 22, 2013 by dwheels76

[katie1990 23]

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.

[dwheels76 5,463]

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.

[amberlynnloves 125]

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!

[katie1990 23]

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! And congratulations on your green card!

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