Husband court martial nxt month n still goin to file for AOS?

[dea87 1]

Hello everybody my husband was in jail for 15 days. He was being convicted for sexual assault. I just received a mail last week that our case was being there already and just need to wait for biometric appointment. Ik my husband is not guilty it was just the army was hard. I'm so sad about our situation now. If only we can turn back the time. ????????????

[NikeS 49]

You never did answer the question of if a lawyer is involve in all this, or whether or not he is familiar with how this affects your immigration process.

[dea87 1]

We got a civilian lawyer and he just told us to talk to a paralegal. He got two paralegal lawyer n a civilian lawyer. I still dont know what to do. I was about to call the uscis but my mind on what ifs i dont wanna be far from him again. Just too easy for them to accused him when all was just lies. Just so annoying. Uk the feeling that half of me was broken. I love him so much, he's a good person he's my husband n i will always believe in him.

[NikeS 49]

I am sorry you are going through this. Hopefully your AOS process will be smooth with no RFE and by your interview time your husband is available to attend. Otherwise you tackle each challenge as they arise. Hang in there.

[Darnell 8,478]

he was charged with? or convicted of ?

two different meanings, altogether.

[dea87 1]

15 days in jail, discharged. Misdemeanor , sexual assault

[Darnell 8,478]

ok - he is still in the army, or no ?

[belinda63 3,038]

She said discharged so I would guess that means discharged from the army which would be normal. Now she needs to address the affidavit of support issues for AOS.

[Sandra G. 5,048]

Discharge from the army, sexual assault misdemeanor conviction,and you love him. How about if you attend some therapy to develop skills of self respect and self esteem? otherwise good look with this scumbag,because you will need my dear.We are our choices.

[jerod_gavel 16]

His income will probably be too low, they usually forfeit pay when incarcerated military-style, so you will need a co-sponsor.

FYI, a military member who is incarcerated due to court martial is still a member of the military while serving time. They are usually either reduced in rank or made to forfeit pay during the incarceration (or both). He could also simply be discharged from the military in a variety of ways: less-than-honorable, dishonorable, etc. No matter what happens it sound like he will be without income.

BAH or BAQ is still available as far as I know. So the spouse would still get those payments until he is out of jail, or out of the military, etc. It would probably not be enough for the AOS. But the added pay of an E1 should be enough. (Worst case scenario). You still get paid while in a military prison, just at the reduced rank. The only problem is if he forfeits pay for two months. But that should be max in his case.

[belinda63 3,038]

She said he spent 15 days in jail and was discharged. Therefore no job, no affidavit of support. I am not sure what advice the OP is looking for here.

[dea87 1]

Discharge from the army, sexual assault misdemeanor conviction,and you love him. How about if you attend some therapy to develop skills of self respect and self esteem? otherwise good look with this scumbag,because you will need my dear.We are our choices.

So what if i love him ik him enough! I was just asking here for anybody can gv some idea not to judge my husband here! U dont know what happened so shut up! ###### liar who did this to my husband just to made her make innocent enough when she got a case before this things happened. I love my self, i love him for who he was!

[dea87 1]

Ok Guys i heard enough, thank u. People are people they can say what they want to say. Now ik when u wr in a situation that even if people doesn't know about things that happens u still goin to hear judgements even if they don't know what's the truth. Yeah maybe he got convicted but ik he was innocent. Well I'm not supposed to explain here but i m his wife that knows what were goin through for what we've been through. We've been through a lot n i cant just leave him and say that its over. I'm his wife n will always be. Ik we can get over this kind of situation, we will be okay. Thank u, salamat po. N for visa journey for this site who helps a lot for our case visa status info.

[derrickmichille 55]

Ok Guys i heard enough, thank u. People are people they can say what they want to say. Now ik when u wr in a situation that even if people doesn't know about things that happens u still goin to hear judgements even if they don't know what's the truth. Yeah maybe he got convicted but ik he was innocent. Well I'm not supposed to explain here but i m his wife that knows what were goin through for what we've been through. We've been through a lot n i cant just leave him and say that its over. I'm his wife n will always be. Ik we can get over this kind of situation, we will be okay. Thank u, salamat po. N for visa journey for this site who helps a lot for our case visa status info.

OP I understand how you feel, getting ready to marry a filipina, I grown to learn about how filipinas stick by their husbands no matter what circumstances their husbands are in. including my fiancee ( and I am sure other women from other cultures, race, and backgrounds as well) but I will speak about filipinas because I have learned so much about them and how they love and treat their men. That's what makes them excellent wives in my opinion.

Now on to your situation, you need a co-sponsor and a good immigration lawyer. Right now your husband more likely do not have income so you need a co-sponsor.

Guilty or not that's not for me or anyone to judge. He is your husband, you do what you feel it's best for you.

Good luck to you and I hope you can find some resolution to your problem.

[Sandra G. 5,048]

yeah yeah yeah, he was convicted, but he is innocent! You are entitled to your opinion my dear, but not your own facts!.I am not the one judging him. He was sentenced by a Judge,not by me. Oh... sorry your question is that you want to know how to stay in the US!,

Edited August 16, 2014 by sandranj