Husband going To be Incarcerated

[Ryan H 3,834]

~~~Official Moderator Warning: Any additional post that directly or indirectly advises the OP to apply for benefits they are not entitled to will subject the poster to Administrative Action.~~~

[sunshine2014 0]

Wow... Thats awesome raven that you did not have an interview... When did you filed your AOS? I meant what state you live when you applying for your AOS?

I really hope we dont have an interview...

I will always pray...

[Mike-eeh and Odie 193]

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.

I had thought K-1 couples enter in a contract where by they may not seek financial aid for the beneficiary from the government?

[lizascissors 66]

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.

You can contact your local state or county offices for questions about child support. There is no fee for this. If you hire a private attorney, there is a fee (obviously).

Edited December 30, 2014 by lizascissors

[Coach217 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.

He broke the law....again more people getting on child support...

[_Paul&Jesica_ 70]

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.

What do you mean about filing for child support? She isn't divorcing her husband (at least that is not her current plan), so there is no child support to file for. And if she did divorce, she probably wouldn't get any child support from him as it is typically income based and a sliding scale. I just ran through some numbers on a child support estimator and if he has $0 income, he would be required to pay $50/month...

[Ryan H 3,834]

One post contributing nothing to the discussion removed along with post quoting as well as one member's access to this thread. Either post constructively or do not post.

[NigeriaorBust 4,087]

It seems that your children are USC's Do they have their US passports ? If they do then they qualify for any benefits available to any USC including food stamps and housing assistance. If they aren't documented that may be something you want to pursue even if it means tracking down the father and getting him to acknowledge the kids ( that man could be responsible for supporting his biological children but you could open up a custody battle ) If you can do that then you become the only one that your sister would have to support making things easier income wise.

[southcoast 27]

Just go ahead and apply. When the hearing notice comes you can do one of 2 things. either request a continuance until such time as he is paroled, or simply go to the interview and explain his absence. In either case, you should ask his criminal defense attorney for documentation (a mitt) showing how long he is in jail for and what his parole eligibility date is. In Boston I have seen this a number of times over the years. The biggest stumbling block seems to be the affidavit of support which will be problematic unless his family is in support.

[HK12 273]

What do you mean about filing for child support? She isn't divorcing her husband (at least that is not her current plan), so there is no child support to file for. And if she did divorce, she probably wouldn't get any child support from him as it is typically income based and a sliding scale. I just ran through some numbers on a child support estimator and if he has $0 income, he would be required to pay $50/month...

As far as I understand from OP's post, the children's biological father is a US citizen, but not her current husband. That's why she wants to file for child support.

I really cannot contribute anything else to this topic, but OP, I wish you good luck. I hope your husband will step up and make sure you are taken care of while he is in jail.

[rlogan 2,036]

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

hes a successful business man and unlike me i dont have a house for my kids...

Prioritize your problems.

The first priority is care of the children. We are missing important information here on the biological father. If the biological father is a successful US businessman you can probably find him in minutes with google or through things you already know about him - geez, if you say he is a successful businessmen then logic dictates you know what and where that business is.

If he is the biological father he has obligation to support his own children so you will look up the state laws wherever he lives. You don't have to pay an attorney for that even if you decide to get one. It is not wise to just rely on the attorney without familiarizing yourself with the publicly available laws.

Others have commented on the Adjustment of Status, and obviously being a public charge already at the interview would be a disaster. Your sister is the obvious co-sponsor and it seems you are already planning to move in with her so living with her would prove out on her affidavit of support.

Be advised that a two-year sentence can mean half of that time served in California, including what they call "good time". Every day you are a good boy in prison, they reduce your sentence by one day for "good time".

There are details you have not shared and that is understandable but they also affect your adjustment of status. The officer is going to care what he was imprisoned for, I mean my God you have children so if it was child sex offenses then this is a no-brainer that you need to have your head examined for staying with him. I am not accusing you of this, I am instead saying whatever he did is going to matter in Adjustment of Status. There is no blanket provision that you are ineligible for Adjustment of Status. You are still eligible. But you have to prove yourself.

So it begins I would think with the father of the two children. Come now, what is this successful business you say he runs, and where is it? Let's start there. The state. We can look up the laws for that state.

Edited December 30, 2014 by rlogan

[sunshine2014 0]

Hi everyone thanks for the responses...

The father of my kids live somewhere in WA state... The reason i did not file a child support its bcoz he Threatened me that he will file a child custody to atleast my daughter just to retaliate just incase i filed for a child support...

Yes he is a successful business man but he is acold blooded... I tried before about 2years ago asked his help when my son was sick but he refused to send any support while in the phil...

So thats why im planning to file for child abandonment first so i have assurance that he cannot file for child custody and thats when i file for a child support...

I really dont like trouble... I just want him to pay his obligation for our kids...

He did acknowledge for my daughters birth but not with my son... He wasnt in the phil when my son was born...

But he did paid for the hospital bills... After 3mons when my son is born he stop supporting us...

I had a business by then but it still wasnt enough to sustain two kids and plus all the bills...

I am just afraid if i file child support now and knowing my situation here he might try to take my kids and since he is the one had good income i though maybe the judge will give him the right with my kids... And if thats the case im just gonna try to survive with my own then.... Rather than losing my kids in the process...

[Transborderwife 4,666]

I'll say this again because you didn't seem to listen before. You need to file for support AND custody. Both. Just because he makes a lot of money doesn't mean he'd get custody if he filed. They look at things like the best interest of the child, drug use, etc. Do yourself a favor, get a family lawyer and file for both.

[sunshine2014 0]

I did read all of your comments guys...

Just like i said i am financially broke i cant afford to hire a lawyer...

Thats my biggest concern f i did pursue CS case... I may have to defend myself and hire for a lawyer which is i cannot afford...

[Transborderwife 4,666]

Seek out things like catholic charities or pro bono lawyers. A judge is not likely to give you child support without a custody arrangement of some sort. Usually de facto custody is not considered enough.

Just wondering how you can afford to AOS but not hire a lawyer?

Edited December 30, 2014 by Transborderwife