wife in detention , how can she meet up with affidavit of support document

[wellingtonj 0]

Hello please I need your advice. I came to usa on a b1/b2visa. I got married to an America citizen who is now in jail.she has not been working for d past 5 months I want to file in my application. please how can I show proof of affidavit of support from her since she is in jail. Because I wil have to submit her tax transcript. I already av a joint Co sponsor but I was told I will av to indicate her as a sponsor too.

Now that she is in jail will i still need to get her tax transcript from IRS office n I will I get it since she is in detention. OR will she have to write a letter to the immigration based on the fact that she is in detention n hasn't been working for 5month. Please I really need your advice.please. thanks

[adebobo 0]

Why dont you wait for her to come out of jail.

[Anh map 2,098]

This screams of immigration fraud. So you will need to prove a long term, solid, bona fide relationship. The petitioner (the US citizen submits the paperwork, not the alien spouse) supplies all the needed documentation. Being incarcerated doesn't relieve her of any requirements. She will be the primary sponsor regardless of income. Not having a current income will mean that they need to find a joint sponsor.

Again, prepare for a high level of scrutiny in your case. Arriving on a tourist visa with the intent to immigrate is against the law. Arriving from Nigeria makes the chore that much more difficult.

[ikeNme 38]

Sadly, I know someone in the area I live that had this SAME exact situation. He came to the US with a "business" visa....got married to an American Citizen before the visa expired.....then the "wife" and her BOYFRIEND got locked up on drug charges. Everything blew up in his face and back to Nigeria he went. I don't know how you can overcome the "bonafide" relationship aspect of it....Affidavit of support kind of seems like the least of your troubles. . If she isnt going to be incarcerated for a long time, I think you should wait until you can at least establish a relationship where you are actually living together. I think you may have a long road ahead...best of luck.

[Boiler 45,670]

When will she get out?

What is she is jail for?

[archie119 9]

If your marriage is real, let her fill out the i864, then submit with Co sponsor. Visit her and try to get transcript of your visit for interview purposes,secondly if u have not yet receive work permit could be a springboard to expedite, that process. If your marriage is fraud and your not yet overstated, divorce and go home. If you gave over stayed u can look up filing for a waiver of inadmissability. [Please excuse, some spelling was in a rush]

[mallafri76 1,012]

The affidavit of support aside, how would you handle the interview with your wife in jail? It's my understanding that part of the adjustment of status is that the couple is called for an interview to answer questions about the relationship?! If your wife's in jail, she can't attend the interview.

If your wife haven't been required to file taxes due to a low salary or being in jail, then she will need to attach a signed statement to the i-864 explaining this.

[DEAbara 9]

This is a real problem. If she has already spent 5 months in jail it was a significant charge. If your business visa expires before she is able to file the K3 you will probably have to go back home. There may not be any other option. As stated by others, this is going to be a long, tough journey for you. You cannot file any of the paperwork yourself. When it comes time to file the financials, you will have a real problem. Even with a joint sponsor, your wife will not have proof of income that will meet the requirements of the NVC. When they find out that she has been in jail, they may not ever approve the visa. At the least it will be in AP for a very long time.

This is difficult to hear, I'm sure. Consider all of the statements made here and weigh all of the options. There may not be anything you can do but go home when your current visa expires and wait it out. If you're marriage is real and the love is strong you will be able to handle the time apart.

[mallafri76 1,012]

This is a real problem. If she has already spent 5 months in jail it was a significant charge.

When they find out that she has been in jail, they may not ever approve the visa. At the least it will be in AP for a very long time.

The US have extremely long sentences, so 5 months in jail in the US is nothing. It can also be that she's in jail awaiting sentencing.

The criminal history or the fact that the USC is in prison doesn't affect the visa, unless the crime falls under the Adam Walsh Act.

OP, doing AOS from a business visa might be more difficult with the USC spouse in prison. Like I said, I think when you AOS from business/tourist visa or the VWP, both spouses need to be present at the interview, which obviously will be difficult for you two with your wife in prison. Hopefully, someone who's done AOS from a tourist/business visa can confirm this?!

I think in your case, the CR/IR-1 visa will be better. You then go back to your home country, your wife files an I-130 petition with USCIS, you wait about 5 to 6 months for it to approve (if no RFE). This is where they'll do the background checks on the USC and find out that your wife's in prison. Then you move onto NVC, where your wife will file an I-864 (affidavit of support) and you fill out your actual visa application and send in all financial and supporting documents. Once you have case complete from NVC, you get an interview at the US embassy. Now Nigeria is considered a high fraud country and the embassy is very tough to go through so you need to make sure you have lots of bona fida proof of your relationship.

You interview in the country you live in, so if you have a work visa or you're allowed to live and work in another country (other than the US and Nigeria), you might wanna look into that.

OP, feel free to PM me if you have specific questions. I have personal experience of your circumstances.

Edit: When I say that your wife needs to file I-130 and the I-864, you can actually fill those forms out and just have your wife sign them. On the very last page for both those forms, the person filling out the form needs to fill out their details and sign. But your wife still needs to sign both forms too.

Edited October 20, 2015 by mallafri76

[Villanelle 4,122]

Yes both spouses need to present at the interview unless (and there often is an unless, immigration has provisions for just about everything) so unless the person can not attend. And I dont mean oh I just dont feel like it, or I cant take off of work. Im talking more along the lines of military (being deployed somewhere) or imprisoned.

They would not be the first person to apply with one person in prison and they certainly wont be the last.

So the OP can stay on the current route or they can switch to a CR route. It really doesnt matter from a procedure perspective - there will just be different issues either way.

If he stays on the current route then as stated the first issue is what is the charge? Does it fall under AWA? After that is resolved then it becomes the issue of proving the relationship- that its not for benefits. As Anh map stated being incarerated does not relieve her of any steps except to show up for the interview.