Husband is an Inmate..What do we do?

[veronicabiondi 17]

Hello,

 

I'm a British/Greek national. I live in England but my husband is incarcerated in Ohio. He has been incarcerated for the last 20 years. We met in 2018 and we got married in 2019. We followed the process from the beginning until then end. We received the warden's approval, we went through the process and we got married .  I really need some advice from anyone who has experienced similar thing.

 

So far so good. Earlier this year, we decided to hire an Immigration attorney so that we can kick off the US Spouse Visa application process. They all discouraged me. Only 2 accepted to take my case and that with conditions.

 

His release date is 2034.  He was sentenced for armed robbery and involuntary manslaughter. He has been eligible for Judicial release but he hasn't filed yet. I hired one of the best attorneys in Ohio, to represent him for the judicial process. He's filing next year although we do anticipate that he will get rejected first time. Before I go into detail, I must say that I never had a problem hiring an immigrations attorney in the first place. They charge a lot of money but so be it, the problem we had with most of them is that they didn't know how to handle such a case. Mr.A would say this, Mr.B would say the other. To me that was/is a problem. If I was to pay 20k$ you better tell me where I stand and not "I will let you know". After chatting with more or less 8 different attorneys, I decided to pause and not to do anything. I had arguments with my husband(yes, he's my husband despite what people think), that we have to keep looking for another attorney or me trying to reach out online for help (so this is what I'm doing). He really does not understand why is it so difficult. I do (but that's because I'm the immigrant).

 

So here are some details for those who need context and think they can help. My husband has nobody, no financial support from anyone in his family. I'm the only one he has. Thankfully, I'm doing financially well. I'm a software architect and work as a contractor in the UK. I bought a property in Ohio and I managed to add my husband as an owner of that property. The property has a value of 300,000USD. Outside of that I have a property in the UK, cars plus a few bank accounts. I have business accounts and HMRC(uncle Sam) books that show taxes, payments etc (in other words I'm not a drug dealer). All my income is traceable and linked to the work I do.

 

I visit him every 4-5 months. I have also been supporting him financially since we got together. Phone calls via GTL, Commissaries, food/hygiene, recreation, Video Visits all in all, his expenses are roughly 10,000USD annually since 2019. Again, all that is traceable. I have met his step mother and my mother has also visited him.

 

I have been travelling on ESTA every time and I don't stay more than 7-8 days. I'm there just to visit him and then next day after the last visit day, I'm going home. One attorney said to me "You can try a working Visa". I'm not interested to migrate to the States to find work!! I have work. The reason I want to move is my husband, that's all!  If we file and I get rejected, we will have more problems. I prefer to visit him on ESTA rather than go a head to apply, get rejected and then never see him again for years.

 

I'm a 40 years old female professional. I don't have children, I don't have problems. I've always lived a very routine--professional-quiet life. I Went to university and then afterwards started working like a dog, as many of us have.

I married a US prisoner because when I saw his picture first time accidentally, the time stopped for me. I loved him very much and he loved me back. We made this choice, to walk this path no matter how hard it is and we don't regret it.

 

With this honest message, I call out anyone who had similar experience. What did they do? Also, did they hire an attorney or they file themselves? 

 

Thanks for reading.

Edited August 29, 2022 by veronicabiondi

[mytruelove18 608]

With all that background, good luck on your journey

[Boiler 45,693]

Your main issue is going to be finding a Joint Sponsor.

 

These sort of cases come up here occasionally, not sure I have seen one recently.

 

$20k is well over the top as a fee, what are they going to do beyond normal processing. 

 

Obviously this is a diy site so most people do not use Lawyers, and there are certainly cases where a Lawyer can add value but do not see it here.

 

I remember being told there are Prison Forums that have immigration sections.

[veronicabiondi 17]

look, I'm not bragging here but I'm making nearly 50k USD per month and that's straight from my work. Why do I need a joint sponsor?!!! I understand that this requirement is to ensure that the "immigrant" won't burden the state. I understand that but I was told that we can use my assets as long as its continuously traceable. 

Edited August 29, 2022 by veronicabiondi

[Boiler 45,693]

1 minute ago, veronicabiondi said:

look, I'm not bragging here but I'm making nearly 50k USD per month and that's straight from my work. Why do I need a joint sponsor?!!!

You do not, your Husband does and seems he has no income or assets.

 

You are moving and you mentioned you did not want to do so through work.

[veronicabiondi 17]

No, I don't want to do it through work. I'm not interested to search for routes to the States like I try to sneak in. My only reason is my marriage, nothing more nothing less.

If I can't enter this way, then I better never file and wait for him to be released. 

[Boiler 45,693]

If you want him to sponsor you then he needs to meet the financial requirements just like anybody else, read the I 864. Not that long of a document.

[Rocio0010 5,579]

Hey there,

If I remember correctly, there is at least one case here of a person whose husband was in prison, they got approved. I will dig into the VJ files and see if I can put you in touch with that person.

The "tricky" part of your case is that your husband will need to prove that he's financially able to take care of you, which for obvious reasons he can't do. You would have to secure a joint sponsor in the U.S. It is the way it is, it doesn't really matter how much money you make.

If I remember correctly, the only instance in which the intended immigrant can use their income to qualify is if they can prove that their source of income is US based, and it will continue for at least a year. 

As I said, I will try and find the other poster and link it here.

[veronicabiondi 17]

Thank you for your reply what your reply is incorrect. That's not what I read here https://www.boundless.com/immigration-resources/income-requirements-for-green-card/ (Can I include income from the relative seeking the green card?)

 

I can tell you that more than few attorneys have also advised that we can use my assets and they have also provided references to the law. I can also provide more links to support that. Among all the difficulties, this was never the problem.

[Rocio0010 5,579]

Paging @mallafri76

[veronicabiondi 17]

Thank you Rocio0010. If that's indeed the case and he needs to meet the financial requirements(I was literally told the opposite from attorneys that I paid for consultation), then we are in the process to add him as the main owner of the property that I purchased in Ohio. We have initiated that process so basically he will have assets. Would that count?

 

Thanks

[carmel34 3,639]

Intending immigrant's assets can be included on the sponsor's (petitioner's) I-864.  Quoting from the I-864 instructions:

 

If your total household income does not meet the requirement, you may submit evidence of the value of your assets, the sponsored immigrant’s assets, and/or assets of a household member that can be used, if necessary, for the support of the intending immigrants. The value of assets of all of these persons may be combined in order to meet the necessary requirement.

 

Ultimately, the decision will be made by the officer at the eventual spousal visa interview, based on the totality of the circumstances.

Edited August 29, 2022 by carmel34

[Mike E 11,741]

1 hour ago, Boiler said:

You do not, your Husband does and seems he has no income or assets.

1 hour ago, veronicabiondi said:

 

 I bought a property in Ohio and I managed to add my husband as an owner of that property. The property has a value of 300,000USD.    

The husband has assets.  Plenty of assets. And liquidating these  assets will clearly have no hardship on the husband. I-864 looks like an open and shut case.  
 

1 hour ago, veronicabiondi said:

look, I'm not bragging here but I'm making nearly 50k USD per month and that's straight from my work. Why do I need a joint sponsor?!!! I understand that this requirement is to ensure that the "immigrant" won't burden the state. I understand that but I was told that we can use my assets as long as its continuously traceable. 

He  doesn’t  need a joint sponsor. 
 

You  also clearly don’t need your husband to get an immigration visa. EB-5 investor visa is easily in reach for sometime with gross income of $600,000 a year.  
 

Either way it is your choice.  
 

I don’t understand why lawyers won’t help you. And I am not seeing why you need their help. 
 

You can DIY this entire thing for a spouse based visa. 
 

By the time you get your visa it will be an IR-1 because you will have been married more than 2 years given you married in 2019.  This means no I-751. No I-751 interview.  
 

The only risks I see are

 

1. is if he is called for a rare (as in I’ve heard of  it just once) I-130 interview or I-130 biometrics. He would need a furlough for that. 
 

2. The embassy demands he attend the interview. Rare but not as rare as 1.  There is no way he is getting a furlough. 
 

I could imagine USCIS or the embassy summoning him because he has a criminal record and of course they know he is unlikely to attend. 

Edited August 29, 2022 by Mike E

[dwheels76 5,468]

10 minutes ago, veronicabiondi said:

Thank you Rocio0010. If that's indeed the case and he needs to meet the financial requirements(I was literally told the opposite from attorneys that I paid for consultation), then we are in the process to add him as the main owner of the property that I purchased in Ohio. We have initiated that process so basically he will have assets. Would that count?

 

Thanks

Assets cant be primary home. Will this be rental property? Plus all assets if you choose to use them would have to be in a US bank account of petitioner. Your property in your country also does not count unless you sell it and deposit monies in US bank account.

[Mike E 11,741]

9 minutes ago, dwheels76 said:

Assets cant be primary home. Will this be rental property? Plus all assets if you choose to use them would have to be in a US bank account of petitioner. Your property in your country also does not count unless you sell it and deposit monies in US bank account.

She can rent an apartment in the USA to be the primary home. Or buy another home in joint title. Or open a joint bank account. 
 

“Scott Fitzgerald famously wrote: Let me tell you about the very rich. They are different from you and me. They possess and enjoy early, and it does something to them, makes them soft where we are hard, and cynical where we are trustful, in a way that, unless you were born rich, it is very difficult to understand.”

 

There is no I-864 issue here.  
 

edit: OP my compliments on the inspired choice of avatar for your profile. 

 

Edited August 29, 2022 by Mike E