Waiver form

[Jill Mackie 76]

I have a question , since my spouse is incarcerated and will not be able to attend the interview do I need to submit a waiver ? I was reading someone's post that said her green card was denied because the husband didn't attent the interview , he was also incarcerated. When I submitted out I-130 ,my husband wrote a letter stating he is incarcerated , I included that as part of our evidence so that they know he's in prison. I also had to answer a question on the I-485 regarding his crime where I also stated he is incarcerated. Is there a form I would need to submit?

 

Thank you 

[Letspaintcookies 2,222]

There is nothing special to submit. Do you have or can you get something from the prison stating that he's currently there? That should be enough.

[Jill Mackie 76]

3 minutes ago, Letspaintcookies said:

There is nothing special to submit. Do you have or can you get something from the prison stating that he's currently there? That should be enough.

Yes, I have what they refer to as a facesheet which gives all his particular information. I also have an affidavit from his attorney 

Edited July 13, 2021 by Jill Mackie

[Letspaintcookies 2,222]

5 minutes ago, Jill Mackie said:

Yes, I have what they refer to as a facesheet which gives all his particular information. I also have an affidavit from his attorney 

Then you're good to go 😊

[Jill Mackie 76]

4 minutes ago, Letspaintcookies said:

Then you're good to go 😊

Thank you so much 😊

[USC4SPOUSE 506]

@Jill Mackie of course, every case is different. USCIS does not say much in Chapter 5 - Interview Guidelines. https://www.uscis.gov/policy-manual/volume-7-part-a-chapter-5#S-B

 

It seems like folks run into issues because the USCIS spouse was incarcerate shortly before the interview. I am wondering if it makes a difference if USCIS knows right from the get go that your US Citizen spouse/petitioner is incarcerated. 

 

The only question the I-485  that I see that may apply to you or husband is 51.a. Are you the souse or child of an individual who EVER: committed, treated to commit, attempted to commit (...) any of the following: hijacking, sabotage, kidnapping, political assassination, or use of a weapon or explosive to harm another individual or cause substantial damage to property?

 

I do not think that you have to submit anything. I am really hoping that they approve your I-130 first. That way, your I-485 interview would really be about your adjustment of status. 

 

 

[Jill Mackie 76]

7 minutes ago, USC4SPOUSE said:

@Jill Mackie of course, every case is different. USCIS does not say much in Chapter 5 - Interview Guidelines. https://www.uscis.gov/policy-manual/volume-7-part-a-chapter-5#S-B

 

It seems like folks run into issues because the USCIS spouse was incarcerate shortly before the interview. I am wondering if it makes a difference if USCIS knows right from the get go that your US Citizen spouse/petitioner is incarcerated. 

 

The only question the I-485  that I see that may apply to you or husband is 51.a. Are you the souse or child of an individual who EVER: committed, treated to commit, attempted to commit (...) any of the following: hijacking, sabotage, kidnapping, political assassination, or use of a weapon or explosive to harm another individual or cause substantial damage to property?

 

I do not think that you have to submit anything. I am really hoping that they approve your I-130 first. That way, your I-485 interview would really be about your adjustment of status. 

 

 

Hello ,and thank you .  I took it just as that; they will waiver the interview if the spouse is in prison , that is why I submitted evidence of him being incarcerated and he wrote a letter explaining it . It's not like they can really expect him to be there , the prison certainly won't release him for that . I would think letting them know beforehand would be better and if he is allowed to petition in the first place even with him being incarcerated then that should not be a problem. I've not seen anything to suggest otherwise .With the I -485  question I had to explain that I had no involvement in his crime at all because that be an immediate cause for denial, so I explained that I had no part in anything and didn't even know him when it happened .  I sure hope my i-130 is approved first . 

[Letspaintcookies 2,222]

The interview won't get waived just because the USC can't be there. They'll still question you to get a feeling for you and the relationship.

My husband was deployed, USCIS was informed about it and I still had an interview. 

[Jill Mackie 76]

9 minutes ago, Letspaintcookies said:

The interview won't get waived just because the USC can't be there. They'll still question you to get a feeling for you and the relationship.

My husband was deployed, USCIS was informed about it and I still had an interview. 

I'm not questioning whether the interview gets waived for me , I know I will have to attend, the USCIS website states that clearly, I'm taking about my US citizen husband whobis incarcerated.

[USC4SPOUSE 506]

Ok, all good!  

Edited July 13, 2021 by USC4SPOUSE

[NikkiR123 35]

I dont think you will have a problem at the interview , you said you included all the evidence to show your husband is incarcerated , so really it should be okay here is a link to someone who applied for a K1 fiancée visa with a husband in prison and attended  the AOS interview without him for obvious reasons .

 

 

[Demise 1,123]

3 hours ago, USC4SPOUSE said:

@Jill Mackie of course, every case is different. USCIS does not say much in Chapter 5 - Interview Guidelines. https://www.uscis.gov/policy-manual/volume-7-part-a-chapter-5#S-B

 

It seems like folks run into issues because the USCIS spouse was incarcerate shortly before the interview. I am wondering if it makes a difference if USCIS knows right from the get go that your US Citizen spouse/petitioner is incarcerated. 

 

The only question the I-485  that I see that may apply to you or husband is 51.a. Are you the souse or child of an individual who EVER: committed, treated to commit, attempted to commit (...) any of the following: hijacking, sabotage, kidnapping, political assassination, or use of a weapon or explosive to harm another individual or cause substantial damage to property?

 

I do not think that you have to submit anything. I am really hoping that they approve your I-130 first. That way, your I-485 interview would really be about your adjustment of status. 

 

 

51.a. stems from "security and related grounds" and "terrorist activity" inadmissibilities found in INA 212(a)(3), the thing however is that INA 212(a)(3) like any other inadmissibility is only applicable to aliens and not to US citizens, since it's not applicable to the husband, it does not follow down the chain onto the spouse or child.

 

If the sponsor was a green card holder, and ended up in prison due to something like this, but hasn't ended up in removal proceedings yet (since an LPR remains an LPR until ordered removed), then yes - this could in fact be a factor. But in this case, no.

Edited July 14, 2021 by Demise

[USC4SPOUSE 506]

2 minutes ago, Demise said:

51.a. stems from "security and related grounds" and "terrorist activity" inadmissibilities found in INA 212(a)(3), the thing however is that INA 212(a)(3) like any other inadmissibility is only applicable to aliens and not to US citizens, since it's not applicable to the husband, it does not follow down the chain onto the spouse or child.

 

If the sponsor was a green card holder, and ended up in prison due to something like this, but hasn't ended up in removal proceedings yet, then yes - this might in fact be a factor.

@Demise thank you for clarifying that!  

[Jill Mackie 76]

19 minutes ago, Demise said:

51.a. stems from "security and related grounds" and "terrorist activity" inadmissibilities found in INA 212(a)(3), the thing however is that INA 212(a)(3) like any other inadmissibility is only applicable to aliens and not to US citizens, since it's not applicable to the husband, it does not follow down the chain onto the spouse or child.

 

If the sponsor was a green card holder, and ended up in prison due to something like this, but hasn't ended up in removal proceedings yet (since an LPR remains an LPR until ordered removed), then yes - this could in fact be a factor. But in this case, no.

 

19 minutes ago, Demise said:

51.a. stems from "security and related grounds" and "terrorist activity" inadmissibilities found in INA 212(a)(3), the thing however is that INA 212(a)(3) like any other inadmissibility is only applicable to aliens and not to US citizens, since it's not applicable to the husband, it does not follow down the chain onto the spouse or child.

 

If the sponsor was a green card holder, and ended up in prison due to something like this, but hasn't ended up in removal proceedings yet (since an LPR remains an LPR until ordered removed), then yes - this could in fact be a factor. But in this case, no.

Now I'm confused 🤔, I asked an attorney on Avvo about question 51.a and I was told it does include the US citizen and I had to explain that I was not a participant in the crime. So now what do I answer ?? Heeeelllllllllppppp 

 

[Demise 1,123]

4 minutes ago, Jill Mackie said:

 

Now I'm confused 🤔, I asked an attorney on Avvo about question 51.a and I was told it does include the US citizen and I had to explain that I was not a participant in the crime. So now what do I answer ?? Heeeelllllllllppppp 

 

Either you can answer no, or answer yes and explain that this section is not applicable to you because your spouse is not an alien. I can give you the rundown of the relevant sections of law itself if you'd like because that goes a bit too in depth for this site.

Edited July 14, 2021 by Demise