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SianEdwardEvans

Can a death row inmate petition his spouse?

By SianEdwardEvans in Adjustment of Status from Work, Student, & Tourist Visas

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SianEdwardEvans Rookie

SianEdwardEvans   2

Posted
Filed: AOS (pnd) Country: Denmark
 Timeline
Posted

I am Recently married to a death row inmate appealing his sentence,  have been together for 7 years and visited him regularly from my home country,  wanting to file for AOS,  can he petition me?  His parents will sponsor me, as that is a requirement.  I can pay my own fees and expenses.  Contact visits are only permitted through privilege levels and depend on housing units,  he is on the highest privilege level at the moment and will be moved to another section. Please no judgment only advise.  Thank you

Ash.1101 Experienced

Ash.1101   1,756

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted (edited)
7 minutes ago, Transborderwife said:

What was his crime?



Agree'd because this is very important. While Texas has the stereotype of putting anyone on death row, they really only put those with truly heinous crimes on there.

Certain crimes make it so he can NOT petition for you, and even some crimes that don't stop him from petitioning, can cause there to be a lot more investigating by the government for your own protection.

Edited by Ash.1101

*More detailed timeline in profile!*
 
Relationship:     Friends since 2010, Together since 2013

 K-1:   2015 Done in 208 days - 212g for Second Cosponsor    

Spoiler

04/27/15- NOA1 Recieved                                                    
06/02/15 - NOA2 Recieved
09/22/15 - Interview       (221g for more documents (a SECOND cosponsor), see profile for more details!)                                            
11/09/15 -  ISSUED!!                                                              
11/10/15 - Passport received                                                
02/20/16 - Wedding!              

                                         
 AOS:   2016 Done in 77 days - No RFE, No Interview                                                                    

Spoiler

04/08/16 - I-485, I-765, I-131 AOS Application recieved by USCIS
04/12/16 - 3 NOA1's received in mail
05/14/16 - Biometrics for AOS and EAD
06/27/16 - I-485 Case to changed to "New Card being produced"  (Day 77)
06/27/16 - I-485 Case changed to Approved! (Day 77)
06/30/16 - I-485 Case changed to "My Card has been mailed to me!"
07/05/16 - Green Card received in mail! 
 


ROC:   2018 - 2019 Done in 326 days - No RFE, No Interview

Spoiler

 

05/09/18 - Mailed out ROC to CSC

05/10/18 - CSC Signed and received ROC package
06/07/28 - NOA1 

06/11/18 - Check cashed

06/15/18 - NOA received in the mail
08/27/18 - 18 month extension received (Courtesy Copy)

09/18/18 - Request for official 18 month extension
10/22/18 - Official 18 month extension received 

02/27/19 - Biometrics waived 

04/29/19 - New card being produced!
05/09/19 - USPS delivered green card! In hand now!

 

SianEdwardEvans Rookie

SianEdwardEvans   2

Posted
Filed: AOS (pnd) Country: Denmark
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  • Author
Posted
Just now, Ash.1101 said:



Agree'd because this is very important. While Texas has the stereotype of putting anyone on death row, they really only put those with truly heinous crimes on there.

Certain crimes make it so he can NOT petition for you, and even some crimes that don't stop him from petitioning, can stop the consulate officer from issuing the visa for your own protection.

He shot and killed a pedophile who was molesting a younger family member.  He got the death penalty for stabbing another Inmate who attempted to rape him in prison. 

geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted (edited)

*Duplicate*

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted (edited)

Yes, it certainly is possible assuming his crime(s) are not AWA crimes. From what you said, it sounds like that's not the case here. That said, you should secure a good attorney as it will be a difficult and timely process.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

SianEdwardEvans Rookie

SianEdwardEvans   2

Posted
Filed: AOS (pnd) Country: Denmark
 Timeline
  • Author
Posted (edited)
2 hours ago, Transborderwife said:

Sounds like he can petition you.  Where are you at present.

 

No judgement, you love who you love.  But be aware of heavy scrutiny in the process.

I am in the US presently.  Thank you for the non judgement and advise

Edited by SianEdwardEvans
Added info
SianEdwardEvans Rookie

SianEdwardEvans   2

Posted
Filed: AOS (pnd) Country: Denmark
 Timeline
  • Author
Posted
2 hours ago, geowrian said:

Yes, it certainly is possible assuming his crime(s) are not AWA crimes. From what you said, it sounds like that's not the case here. That said, you should secure a good attorney as it will be a difficult and timely process.

Okay,  thank you 

Lemonslice Experienced

Lemonslice   4,860

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted

Is your husband a US citizen?

 

How did you last enter the USA (visa or VWP) and when are you supposed to fly back/until when are you allowed to stay? Reason I am asking is that as far as I know, should you AOS be denied, there is no appeal process if you entered under VWP.   

SianEdwardEvans Rookie

SianEdwardEvans   2

Posted
Filed: AOS (pnd) Country: Denmark
 Timeline
  • Author
Posted
2 minutes ago, Lemonslice said:

Is your husband a US citizen?

 

How did you last enter the USA (visa or VWP) and when are you supposed to fly back/until when are you allowed to stay? Reason I am asking is that as far as I know, should you AOS be denied, there is no appeal process if you entered under VWP.   

Yes he is a US citizen,  I entered on a tourist visa,  was given 6 month entry,  I am due to fly back in a few weeks. 

SianEdwardEvans Rookie

SianEdwardEvans   2

Posted
Filed: AOS (pnd) Country: Denmark
 Timeline
  • Author
Posted
59 minutes ago, Jenilyn and Awal said:

I think a trip to a lawyer is needed cause this is above most cases here, his crime alone may pose a problem as he's never going to come up for parole?  Just hard to  tell really

No he isn't,  but I have read during my research it has been done before

 
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