Upcoming I-864 interview and Spouse (us citizen) in Jail

[John4339 0]

Hi,

I have an immigration issue where my spouse (us citizen) is in jail and I have an upcoming i-864 marriage based interview. Any advise?

[Unlockable 7,306]

What does your lawyer say? There is a lot of information missing from you.

 

How long is your spouse in jail for?

Is he scheduled to be released? If so, when?

Is it a significant crime where he would do a lengthy sentence?

What are you adjusting from (visitor visa, student)?

How long you and your spouse known each other? Been married?

How did you come about adjusting status; meaning what were the circumstances?

 

The problem is he is support to show that he can support you. That is the whole purpose of the Affidavit of Support. If he is incarcerated, then he will not be able to support you. If he is looking at a lengthy sentence, then I see no way of adjusting status through him.

[John4339 0]

I have not retained a lawyer but initial consultation with a lawyer said I should still go for the interview and find a co-sponsor.

My spouse was arrested for illegal possession of gun and we have not been lucky to get the bail set yet.His lawyer is pretty confident that we should be able to get him out but I just dont know when he will be out but he has not been sentenced yet.

I am adjusting from visiting and I have known my spouse for  3 years now and married for 18 months. I am adjusting my status based on marriage petition.

Thanks

[Unlockable 7,306]

4 hours ago, John4339 said:

I have not retained a lawyer but initial consultation with a lawyer said I should still go for the interview and find a co-sponsor.

My spouse was arrested for illegal possession of gun and we have not been lucky to get the bail set yet.His lawyer is pretty confident that we should be able to get him out but I just dont know when he will be out but he has not been sentenced yet.

I am adjusting from visiting and I have known my spouse for  3 years now and married for 18 months. I am adjusting my status based on marriage petition.

Thanks

That is a very interesting (and risky) suggestion by the lawyer. Reason being is that you will be going through with the AOS based on the belief that your husband's lawyer will be able to get him out. The big question is what if he doesn't get out? You can't adjust status with just a cosponsor. A cosponsor is for financial requirements not for marital union.

 

Even if he does get out now, what if he is sentenced after his trial? Even probation may hinder his ability to find certain forms of employment. There is a lot of "what if's" in play here for a successful AOS.

 

Please let us know how it turns out.