Biometrics appointment petitioner

[Tink36 0]

Hi, 

I'm new to this forum .. My husband is incarcerated (petitioner Cr1) and after we sent the I-130 they kept sending him biometrics appointments, we replied several times stating the fact that he is incarcerated and won't be able to attend. I don't know what to do and why he has to come in for an appointment at this point. Thanks in advance... Every answer will be appreciated.. 

[JFH 12,190]

*~*~*moved from “DCF” to “IR-1/CR-1 spouse visa process and procedures”*~*~*
 

It is very unusual for petitioners to be called to a USCIS office after filing an I-130 petition. In all my years here I have seen it happen maybe three times. Have you actually called USCIS to explain? The emails for the appointments likely come from “do not reply” addresses that are not monitored for incoming mail. 

[payxibka 10,045]

18 minutes ago, JFH said:

*~*~*moved from “DCF” to “IR-1/CR-1 spouse visa process and procedures”*~*~*
 

It is very unusual for petitioners to be called to a USCIS office after filing an I-130 petition. In all my years here I have seen it happen maybe three times. Have you actually called USCIS to explain? The emails for the appointments likely come from “do not reply” addresses that are not monitored for incoming mail. 

Most likely because of the incarceration situation they want biometrics 

[Tink36 0]

They sent a letter that gives you the opportunity to reschedule your appointment in case you can't attent. We tried to call but they won't give me, the beneficiary, any Infos. I've seen several cases where an incarcerated person has been approved. I've tried to contact a person they told me that they had no problem at all. 🤔I'm pretty confused because you can't get any answer.. 

[JFH 12,190]

25 minutes ago, payxibka said:

Most likely because of the incarceration situation they want biometrics 

Hmmm possible although hadn’t bern the case for previous incarcerated petitioners. 
 

There was one person from my I-130 filers group who was called up for biometrics. She wasn’t incarcerated. 

[payxibka 10,045]

3 minutes ago, JFH said:

Hmmm possible although hadn’t bern the case for previous incarcerated petitioners. 
 

There was one person from my I-130 filers group who was called up for biometrics. She wasn’t incarcerated. 

Never said you had to be incarcerated 

[JFH 12,190]

19 minutes ago, Tink36 said:

They sent a letter that gives you the opportunity to reschedule your appointment in case you can't attent. We tried to call but they won't give me, the beneficiary, any Infos. I've seen several cases where an incarcerated person has been approved. I've tried to contact a person they told me that they had no problem at all. 🤔I'm pretty confused because you can't get any answer.. 

Being incarcerated is not a bar to petitioning. There have been more than a couple of cases on this site where incarcerated people have successfully petitioned their spouses and visas were approved and issued with no major problems. 
 

If you call USCIS, does it give you the option to say you are the petitioner’s representative? I wouldn’t mention that you are beneficiary, just that you are calling to represent the petitioner.

 

You would think they would know from the mailing address that the petitioner is incarcerated? 

[JFH 12,190]

5 minutes ago, payxibka said:

Never said you had to be incarcerated 

No but you said ”most likely because of the incarceration” and I have seen possibly three cases where biometrics were requested if the petitioner and not one of them was incarcerated and have seen a few cases where the petitioner was incarcerated (or, as in our case, had been incarcerated in the past) and none of them was called for biometrics. So there is nothing at all to suggest that criminal history has any bearing on the likelihood of being called for biometrics. 
 

And in the case of an incarcerated petitioner the government ironically has more examples of his fingerprints and his photos on record than they will ever have of anyone else. 

Edited January 10, 2021 by JFH

[payxibka 10,045]

Just now, JFH said:

No but you said ”most likely because of the incarceration” and I have seen possibly three cases where biometrics were requested if the petitioner and not one of them was incarcerated and have seen a few cases where the petitioner was incarcerated (or, as in our case, had been incarcerated in the past) and none of them was called for biometrics. So there is nothing at all to suggest that criminal history has any bearing on the likelihood of being called for biometrics. 
 

And in the case of an incarcerated petitioner the government ironically has more examples of his fingerprints and his photos on record than they will ever have of anyone else. 

Most likely is not definitive.  

 

They mY have fingerprints on file for a similarly named person and they may wish to make sure the petitioner identity  is definitely identified.   

[Tink36 0]

Well I think I will try again to call the USCIS as the petitioner's  representative, not mention I'm the beneficiary. I hope they can give me a remedy.  Thank you all so much...🤗All your imput  helped me to get back on track.