Jill Mackie

A letter of employment is not a requirement. The 6 months of paystubs and most recent tax transcript should be plenty(and even better if they show 'YTD' income on them), especially since your mother-in-law makes plenty more than the requirement. 
 
Here is what the checklist states for filing the I-864 >
A copy of your individual Federal income tax return, including W-2s for the most recent tax year, or a statement and/or evidence describing why you were not required to file. Also include a copy of each and every Form 1099, Schedule, and any other evidence of reported income. You may submit this information for the most recent three tax years, pay stubs from the most recent six months, and/or a letter from your employer if you believe any of these items will help you qualify. 
 
As stated above by USC4SPOUSE, the tax return transcript is easiest. You don't have to worry about whether you included every single form and W-2. It's all in one for you. You can get them online from the IRS website. 
 
Also, the joint sponsor needs to provide their proof of citizenship, but I believe that was already tackled in another post of yours. 
 
I know all these forms and requirements can feel overwhelming, and I hope it all goes smoothly for you.

Thank you 💗, I had to wait for my mother in law's tax transcripts , so I will be mailing my application off on Thursday . I will write the request for the waiver tomorrow and include my husband's letter , the prison doc. and a copy of the USCIS page stating a waiver for incarcerated petitioners . 

🤣 Tag away @NikkiR123 lol!
 
@Jill Mackie You will be OK. Like NikkiR124 said, I would state your request, choose your words carefully and elicit their administrative grace, cite that Chapter 5 paragraph and include a copy of it. That way they know, that you know, that they know.  
 
When the time comes, you can reach out to your congress representative, too. 
 
I would not delay filing your I-485 much longer. We want you to have that I-797 NOA that serves as proof of lawful presence, then you will start applying for jobs. Once you have a job offer, you can request to expedite your EAD/AP combo card.  

My husband wrote a letter explaining he is incarcerated and we included a document from the prison , I included  that as part of out i-130 petition evidence , so I need to include a copy of that letter and document for the I-485 as well as a copy of the policy page where it states they can waiver the interview for incarcerated US citizens?😭😭😭💔💔

Thank you , I will include a copy of his letter and the prison document when I file my 1-485 on Thursday . Thank you and good luck to you 

That's what I'd do, yes. I know you must be freaking out right now, but let's look at the bright side: I'm still in the US after 4 years 😉 And they are NOT deporting me because I'm going to appeal their decision AGAIN if it has to come to that and I'm willing to go to court if necessary. Also, it varies from one officer to another and you might have absolutely zero problem in the end! I'd suggest you do your best, your maximum, and you try to relax, because freaking out is pointless at this point, you can only control so much in the end.

That's exactly what it is and how I feel about it. It's been FOUR YEARS I have been married to my husband. I got my green card the first time and now they are giving me a hard time AGAIN? This is pure discrimination. In fact, if I were divorced today, I could apply for my 10-year green card without him and would get it without any issue... So much for having a good-faith marriage, huh?! The good news is I was lucky enough to get my husband's LWOP sentence overturned and he has a good chance of coming home by the end of the year! But yeah, it's a real struggle and YES! Knowledge is power. All the information I gave above, use it, attach it to your waiver, so they know that clause exists in their manual (because guess what, many don't have a clue and simply don't care...)

Jill, our friend is correct , dont give up , its possible and it can happen . USC4SPOUSE  (I cant tag  you, cause i dont have a clue how to 🥴,)  thank you as always !!

Ok, all good!  

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.

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 . 

As long as it's not an AWA crime.  The OP needs advice, not sanctimony 

Hi, my husband is in prison and we're going through the green card process , if I can help I certainly will.
Thank you for tagging me 😊

Not sure, but possibly this might help.
 
 

@Jill Mackie you might be the one 😊

Hi back!! I will send all six months with just to be sure . Thank you for your reply 🙂

@Jill Mackie, hi! Correct. Your joint sponsor has to submit 6 months of paystubs as evidence of current income. I believe the most recent tax return is required. Submitting the tax returns for the last 3 years is optional. I think we did 2 years of tax returns + paystubs. LOL, I might have sent all paystubs. (You know me...)
 
Hopefully, others will weigh in, too.

I'm hoping for the same outcome. I'm pretty confident considering the amount of evidence I submitted and the length of our relationship that I will be approved. As for the interview , I'm sure that I will be a success too as there isn't anything that could deem me inadmissible. I have a joint sponsor who meets all the requirements at the moment I'm feeling very confident about it . 

I'm hoping for the same outcome. I'm pretty confident considering the amount of evidence I submitted and the length of our relationship that I will be approved. As for the interview , I'm sure that I will be a success too as there isn't anything that could deem me inadmissible. I have a joint sponsor who meets all the requirements at the moment I'm feeling very confident about it . 

thanks a bunch for that. i just hate bullies who think its their right to give their opinion on the life of someone else . what seriously bugs me is the personal comments like why did you marry someone in prison or that's not a  normal marriage , well what exactly is a 'normal' marriage , last i checked 'normal ' marriages still ended in divorce . a simple answer to an immigration question is all that's needed not someone's personal opinion 

@Jill Mackie what I am really hoping happens in your case is that USCIS approves your I-130 in a month or two. They have been doing that lately with I-130s submitted online. Then, you will eventually have your interview for the I-485. And if that is the case, I do not think that USCIS will require your husband to attend because the I-485 interview would deal with the question - is this alien admissible or not? And of course, you are and they would just grant your green card.  

Thank you , I have submitted about 8 years of evidence which included letters , phone call records, visting records , correspondence with his attorney and correspondence with various prison officials . I have my husband's power of attorney and I have an affidavit from his attorney .

I want to first start of by saying, I am sorry but I do not have any suggestions or advise regarding this topic, I have not experienced it or know anyone that has, however I just wanted to give a shot out to NikkiR123 for the proper approach, in my opinion to answering this question! I of course am going through the visa process which has brought me to this platform. In my short time using this platform, I have been floored by the responses that I have seen. The attitudes and judgement I've seen makes me wonder if they are even going through the immigration process themselves at all? If so...they must know the difficulties and challenges that come with it . Now is not the time to be judge or criticized for a question. A simply answer, with personal opinions on the topic could be useful.  I've seen people come off completely rude and judgmental. Thank you nikkiR123, I believe  you hit it on the nail! There maybe quite a few people going through the same issue but neglecting to post due to the fear of being judge. I wish I had further to say on the topic as well, but I hope the user gets the needed info..alot of good answers so far!  

As far as I know, the "separate discretionary decision on a request for parole" language on the I-131 is actually not true. DHS does have discretionary authority over parole; but USCIS, CBP, and ICE (as agencies within DHS) have divvied up that discretionary authority between them. Requests for parole that are within the purview of one agency are generally not relitigated by the other agencies.
 
Now, it is true that, theoretically, CBP can deny entry when a traveller presents a valid AP document, but as others have pointed out here, there are no known cases of this actually happening. If it were to happen, it would have to be because of a change in circumstances or new information discovered, which drastically affect the applicant's eligibility for adjustment of status: for example, the person was convicted of a serious crime after filing for AOS but before arriving at the port of entry.
 
If an AOS applicant is eligible for adjustment despite a past overstay (e.g., immediate relative of US citizen) then they can travel on AP without worrying about the overstay, because according to BIA precedent, an AOS applicant who leaves the US while holding a valid AP document does not trigger the unlawful presence bars. The applicant remains eligible for adjustment and there is no reason to deny parole.

You’re so welcome! I’m just trying to be helpful. I gain nothing by making your journey harder.  
 
We all go through this process with some sort of fear. You just have to remind yourself that your husband is not disqualified from petitioning you.  While being in prison does add a level of complexity, he is serving his sentence for an crime that does not disqualify him from petitioning you. Furthermore, you’re crossing all your Ts and dotting all your Is. And that’s really all you can do.
 
when the time for the interview comes, I would suggest attending with an attorney that you trust. I just think that it would be helpful to have someone in your corner to ask for clarification on a question and to take notes. In addition, USCIS officers have a way of being in their best behavior when an attorney is present.  
 
We brought an attorney. We are a same sex couple. We are both people of color and have a 17 year age difference. We felt that it would be good to have someone there to ensure we would be treated fairly. And we were.