AOS with my US husband in prison

[mallafri 0]

Hi,

my fiance and I are planning our wedding and looking through the best way to get me over to the US, to live close to him. I say close to him, as he's incarcerated and we won't be able to live together for some years. We were gonna go for the K1 visa and then adjusting the status once we're married but then I saw that we have to participate in an interview to adjust the status. Obviously, my then husband will not be able to attend the interview. Is there always an interview associated with the AOS? Is it possible to get a waiver for my then husband not to attend? Anyone else on here with an incarcerated husband who arrived in the US with a K1 visa and has gone through the AOS process?

[Dave&Roza 748]

Hi,

my fiance and I are planning our wedding and looking through the best way to get me over to the US, to live close to him. I say close to him, as he's incarcerated and we won't be able to live together for some years. We were gonna go for the K1 visa and then adjusting the status once we're married but then I saw that we have to participate in an interview to adjust the status. Obviously, my then husband will not be able to attend the interview. Is there always an interview associated with the AOS? Is it possible to get a waiver for my then husband not to attend? Anyone else on here with an incarcerated husband who arrived in the US with a K1 visa and has gone through the AOS process?

Where are you in the process? Have the two of you meet within the last two years to qualify for a K-1 visa? I see a few red flags here as I look at this situation. First, he will need to find a co-sponsor as I am betting he does not meet the income requirements. What is he in prison for and how much longer? The Embassy/consulate may look on this as you are using him to get a visa to the US and once you have a GC or citizenship will leave him so they will not grant the visa. That is one hill you must climb durng this process. It will be hard to co-mingle your lives with him in prison.

This has a lot of isues that may not be easily handled by yourself. This may be one of those cases where a very good immigration lawyer would be helpful. You may or may not have an interview for AOS, but I think that is the least of your worries given your fiance's current state of affairs.

Good luck,

Dave

[Alaska2012 462]

Why not wait until he gets out? Have a long distance relationship for now, go over there on vacation once a year and see him or something. Moving over and adjusting to the new country can be tricky as it is and not having the support of your boyfriend when you get there can hardly make it easier.

How long have you guys been dating? Did u know him before he went to prison? How much longer is he gonna be in there?

[Villanelle 4,122]

http://www.prisontalk.com/forums/archive/index.php/t-492048.html

[ceadsearc 516]

You won't necessarily have an interview but there are definitely some issues you'll have to contend with. First, what is he in prison for? You don't have to tell us but you need to make sure it isn't something that would prevent him from petitioning you (Adam Walsh act). Second, have you met in person already?

[mallafri 0]

Thanks for the responses! We started corresponding about two and a half years ago, I've been flying over to see him once a quarter for the last two years and we got engaged on New Year's Eve 2011. I've become very close with his family and they've agreed to sponsor me if need be. Which is something I'm also wondering about, if I can prove that I have sufficient savings to live on when I first move over, do I still need a sponsor? I even have a job offer from a company who will hire me once I have a work permit so it's not like I need someone to pay for me!

My fiance's doing time for drugs, third time around so we will have to tick that particular box on the application! And please no judgement because he was basically left to take care of himself from when he was 9, so not an easy life plus he's a totally changed man, even the guards like him! He's got another twelve years to do inside and flying over from Europe four times a year is not really sustainable in the long run, it's very expensive so that's why we want me moving over to start building our life and so I can come see him every week.

[katie1990 23]

Hi,well my mother is in the same situation,but she was with my father sinse 5 years before he got incarcerated and have my brother within theyre marriage,shes still waiting for him although he has a life sentense were hopeful he will get out one day. After 12 years together shes barely wanting to adjust her status but his family volunteered to co sponsor and she has plenty of evidense of their ongoing relationship. The lawyer says USCIS will conduct an interview from within prison,and they cant deny her merely because my father is incarserated. So i hope this helps you out.