Husband going To be Incarcerated

[sunshine2014 0]

Hi everyone...

I am currently applying for adjustment of status(AOS)...

I sent it last dec 22...

I am just worried for the fact that mu husband will be incarcerated in two months...

I am just concern about my AOS status...

I have not heard from immigration that they have accepted my package application...

I am currently unemployed and my kids is with me...

I wonder if my husband cannot come during my AOS Interview day will affect my AOS case decision...

I loved him very much and this is really hard for me that he is goin away in few months...

He is scheduled to be sentencing around 2yrs... I dont want to divorce him even he is going through crisis and just a nightmare fact that hes goin to leave us pretty soon...

I dont know how this will goin to affect on my AOS status and in the future when we are goin to remove the condition status...

I will still wait for him no matter what...

But this is the biggest test in my life that i have to be on my own when he is gone...

In my situation having two kids in a foreign country is really hard on my part...

But i believe in God i knw he wont leave me hanging in the midst of my darkness days...

I knw i can make it through i just have to find a job and find cheapest apartment that we can live while he is gone...

Im just really concern how his situation being incarcerated will affect in the future when we are filing joint removal of condition status...

He is a very kind man to me...

And i just cant really divorce him just coz he is going to jail...

He is a good person it just happened that he got trouble with the government here in California and recently he just plead guilty so he will get just not much higher sentence...

He wanted to withdraw the plea deal and fight it on trial but what can he do? The government vs him? Its very unlikely chance for him to defend himself and win...

For the past 4mons being together here in US... Ive learned to love him so much...

But also i have to think about my kids future... 2years plus is a long wait.. Theres alot of things that could happen...

I am not sure if my feelings will be the same after two years...

And being a single mom really hard job...

My kids biological dad is a US citizen and living somewhere here in US...

I am planning on filing a child support but i am not sure how do i start?

I dont want him to take my kids from me which is he is going to do if i file child support he might try to retaliate and file for a child custody... M afraid if m going to do that the court will be in favor of him as hes a successful business man and unlike me i dont have a house for my kids...

But i also thought once i have a stable job and stable apartment maybe i will file for a child abandonment then if granted proceed for a child support? Is this make sense to you guys?

I just dont want to be far away with my kids since i raised them myself from the day he left us... Its been 3yrs plus now that we have not seen each other...

So i really need your opinion in my case VJ members... Thank you so much...

Right now i am confused and trying not to worry so much...

I reallt need an advice regarding with my situation here...

Anybody can give me a useful and reasonable advice on what should i do?

Thank you for reading and look forward for your respond...

[Transborderwife 4,666]

Oh boy, what a situation. About your AOS I'm really not sure. It looks like you came on a k1 visa so perhaps they may skip the interview (occasionally happens). I would make an info pass appointment and talk to USCIS about it.

However your custody situation, if there is nothing already in place file for custody and support ASAP.

[iamgemini18 0]

Wow... That a very sad news about your husband...

I am not sure if his situation will be affecting your AOS status... You don't need your husband to be there during the interview but its better if he is with you...

Just make sure you bring enough evidence that your marriage is real...

Also regarding about your kids... If i were you i will file for a child support... You can ask an agency about a child support case that they might help you.i am just not sure if they have a fee and how much they charge for their service.

I hope it will work out for you and that kid.

Will pray for your situation to be better.

[Pitaya 2,577]

~Moved from Fam.-based AOS to Effects of Major Family Changes on Immigration Benefits~

~Similar types of topics are often discussed at this forum~

[VOL 425]

if you have AOS interview and they want him there, just prove he is locked up.

I would file for all the free food/housing and medical and food stamps you can, I would think you would have no problem getting them.

Illegal aliens get it all the time, why not get it since he has paid a small fortune already to bring you and your kids to the USA.

Good luck.

[sunshine2014 0]

@VOL

Hey m not sure how m goin to qualify and where to file and what are the requirements...

I applied for termporaty medi-cal for my kids though...

[Hotter Otter 1,211]

Can the moderators please delete this? I can't stand spam/con artists.

I've reported it to bring it to the mods attention.

[Ryan H 3,834]

***Spammer ejected; post quoting spam post removed and returned below without the quote.***

Can the moderators please delete this? I can't stand spam/con artists.

Sunshine, gather evidence that he is incarcerated for your AOS interview or send a letter to USCIS explaining your situation with the appropriate evidence.

[sunshine2014 0]

Hi Ryan.

Thanks for the respond...

I am not sure if i can write to the USCIS now since my AOS has not been accepted... It was just received by USCIS chicago office...

Maybe i should wait for my AOS update and if they do give me an interview date with require my husband to be there and maybe i can write a lettee to them explaining in my situation...

I am affraid if they going to deny my Application since he signed Affidavit of support and he is going to be incarcerated...

Do you think the officer will understand my situation?

When he is gone... I have to stay at my sis place which is somewhere in alabama and m all the way here in california...

I was just thinking to stay here til i get my green card and find a job here in 1mon f i still cant find a job then maybe i should move with my sis there atleast we have home to stay...

Shes my only family here...

What do you think guys?

[Ryan H 3,834]

Before the AOS is approved, USCIS will have to address the likely to become a public charge question. Since the original petitioner is incarcerated, they will probably require a joint sponsor before they would deny the application. Any US Citizen or Green Card holder domiciled in the USA can be a joint sponsor.

Don't apply for means tested benefits that you are not entitled to receive. The I-864 is a legally binding contract between the signer and the US Government. In that contact, the Government can seek reimbursement from the sponsor if the beneficiary received benefits they were not entitled to. If the Government could not recoup funds from the sponsor, they would seek reimbursement from the joint sponsor.

[sunshine2014 0]

I see... Thank you ryan for responding my query...

My sister is now a US citizen and shes living in alabama...i can ask my sister to sign me a joint sponsor that would be fine though?

Since we are planning to move to my sis place when he is leaving us...

What will happen f we will receive my interview date and it happens that my husband still around do we will have to write to USCIS explaining the situation?

[Ryan H 3,834]

You can ask your sister if she is willing to be a joint sponsor and if she is, she would fill out an I-864 and submit the relevant accompanying documentation.

If you have A) an interview and B) it is on date after your husband is already incarcerated and C) they want your husband to be present at your interview; then you would go to the interview and take along evidence that clearly shows why your husband could not be present.

[altonbebe 48]

If anyone on here needs a TRUE IMMIGRATION attorney, it's you.

You have some complex issues going on here. This is not the place to seek guidance.

Your husband needs to man up and swing the cost of 1) an immigration attorney, and 2) family law attny for the child support.

Good luck to you.

if you have AOS interview and they want him there, just prove he is locked up.

I would file for all the free food/housing and medical and food stamps you can, I would think you would have no problem getting them.

Illegal aliens get it all the time, why not get it since he has paid a small fortune already to bring you and your kids to the USA.

Good luck.

WRONG WRONG WRONG

This is the type of information that will get you in trouble.

You cannot become a public charge.

VOL.....please stop giving advise on this forum.

[sunshine2014 0]

Got it... So i only gonna submit another 1-864 f my husband will be incarcerated before the date of the interview and if they ask my husband to be there at the interview... Thanks ryan for your helpful advice... I will bring the i-864 with me unless i have to send it to them before the date of the interview...

[raven52 233]

I do not think anyone can make these decisions for you. Yes, info. can be obtained, and you "weigh" the info.

I do think you should get all the "aid" that is available to you. It sounds like you may need it.

Sorry about your husband, especially, since it sounds like you really love him.

I hope you will be as lucky as we were, as we had no interview for AOS, GC, came to us in the mail, when waiting for interview date.

Good Luck, you are certainly due something good to happen to you and your family.