advice on USC being incarcerated

[warwick8 0]

I hope somebody can give me insight....

USC spouse is incarcerated 1 year and a few months prior to filing i-751. reason for incarceration happened before marriage. Entered marriage in good faith and still very much in love with the USC and believe his innocence (but that is another story and don't want to get started on that). Ever since his incarceration, I have tried to make a life for myself and am now able to provide for myself and for him and pay our bills. We filed i-751 on July and had biometrics in August and ever since, I have not heard from USCIS. I have submitted evidence of us living together prior to his incarceration but there are hardly any evidence of it this past year. I have a lease under my own name and I couldn't put him on it, insurance is just for me since I don't see a point of paying insurance for him when he can not use it anyway. Also did not mention in our letter that he is incarcerated as I feel like there is no need to mention it. Is this a mistake? Does anyone know what I should do now? I tried calling to ask for an update but the person said i'm still within the timeframe and to call back after 6 months. But my case has not been touched since biometrics appointment. I am afraid that i will be called for an interview and my husband will not be there.

Can anyone tell me what's the best course of action is?

Thanks

[RICARDO4EVA2 194]

submit any information you have and if an interview is requested due to lack of evidence then you just have tobe honest.

best of luck.. hope you will get other answers as well.

[Kathryn41 3,205]

You are still within the processing time frame actually. You may end up receiving a Request for Evidence if what you have recently is light - as it seems it must be. If you get an RFE or an interview, then yes, definitely mention that he is incarcerated and provide evidence showing when and for how long he can expect to remain in prison. If he is still involved in an appeal or has legal representation of any type, see if you can get statements from them about your continuing involvement with him even while separated through a situation beyond your control. Your marriage is still valid and his incarceration does not change the validity of your marriage - just your ability to prove it through documentary evidence. If you have any other evidence of your marriage post incarceration - active visitation rights to him in prison including any conjugal visits if they are allowed, communications with his lawyer, letters between the two of you - it is in your best interest to provide them to USCIS. Are you in contact with any of his other family members who can write an affidavit attesting to the fact you have a valid marriage and they are aware of your circumstances? That might be worth pursuing as well. The last thing you want to have happen in this case is for them to deny you stating you do not have evidence of a valid marriage. Incarceration is an excellent reason why you don't have that evidence.

Good luck to you.

Edited December 13, 2010 by Kathryn41

[rlogan 2,036]

Depending on what he did, he might even be able to get out for the interview. I see prisoners getting out here for funerals without even having an escort sometimes. One ran away. People were a little critical of the judge on that one. I've seen them at the dentist's office with a guard.

So look into that too.

[the__tourist 0]

It will be important to show evidence of the relationship you continue to have with him being incarcerated. Letters between the two of you, any phone call logs (the collect calls on your bill?) and if you can get he visitation records from the jail that would be helpful as well. Mostly they will want to see that the relationship continued despite the obstacle. Good luck!