I30 passport photos but spouse is incarcerated

[accntaccnt 0]

Hi,

 

I am living in the US and my husband and I are applying for my i30 to allow me to stay here. 

Unfortunately he is incarcerated right now, and we have a lawyer ready to file our I30 for us. He is expected to be released in March 2026. One of the requirements for the i30 is passport photos of us both. How will this work? Should I contact with the prison to get these? Has anyone been through this before? 

[Crazy Cat 44,851]

An I-130, itself,  confers NO right to stay in the US....none.  On what basis are you living in the US? 

Edited yesterday at 01:30 AM by Crazy Cat

[Crazy Cat 44,851]

 

[S2N 370]

6 hours ago, Crazy Cat said:

An I-130, itself,  confers NO right to stay in the US....none.  On what basis are you living in the US? 

To give an exact quote of the USCIS legislative affairs officer I got drinks with today, “all an I-130 says is you’re related. The Department of State can always say 'mmmmmm, you’re a bad person, no thanks.'”

 

Obviously no judgment on OP or their situation, but there’s likely more at issue here than passport photos that could benefit from an immigration attorney.

Edited 19 hours ago by S2N

[JeanneAdil 7,156]

If husband did CR1/ IR1 (you married to come) you do not need to do this 

you would pay the green card processing fee 

 

If you came here on other visa and stayed,  this is not CR1/IR1 case

this is AOS to stay

 

GOOD immigration attorney is needed 

[OldUser 10,210]

There's no such form "i30".

There's form I-130, but just filing I-130 won't fix anything, especially if spouse is incarcerated.

[pushbrk 13,691]

Not a visa case so you would be adjusting status.  Yes, the passport photos from both are needed if you are in the USA.  The prison will not "provide" his passport photo, but you would need to make arrangements for how to obtain one.  Perhaps you can take the photo during a visit and do the cropping and printing yourself or have get help with that.

 

You need both I-130 and I-485 to accomplish staying in the USA.  You cannot complete the process while he is incarcerated because it ends with a joint interview at a local USCIS office.  You can start now but not finish while he's incarcerated.