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Posted (edited)

Hello again,

 what the reasons are an AOS get a denial ? I understand my case will be more scrutinized because my husband is incarcerated and won't obviously be able to attend the interview with me , so I'm kinda wondering what they could deny me on, if that were to be the case . It does state on their website USCIS may waiver the personal appearance of a US citizen spouse petitioner who is incarcerated and unable to attend the AOS interview . I wonder if they would contact the prison to arrange a separate interview with him or just base it off all the evidence we submitted with the I-130 and further evidence I bring to my interview? I've checked the forum and there aren't too many people who've married whilst a spouse is in prison , but I know it has happened before and the green card been granted even with those who's spouses have a  life or death sentences. 

Edited by Jill Mackie
Posted
19 minutes ago, Jill Mackie said:

Hello again,

 what the reasons are an AOS get a denial ? I understand my case will be more scrutinized because my husband is incarcerated and won't obviously be able to attend the interview with me , so I'm kinda wondering what they could deny me on, if that were to be the case . It does state on their website USCIS may waiver the personal appearance of a US citizen spouse petitioner who is incarcerated and unable to attend the AOS interview . I wonder if they would contact the prison to arrange a separate interview with him or just base it off all the evidence we submitted with the I-130 and further evidence I bring to my interview? I've checked the forum and there aren't too many people who've married whilst a spouse is in prison , but I know it has happened before and the green card been granted even with those who's spouses have a  life or death sentences. 

They won't be making special arrangements for an interview.  That isn't within their scope.  As far as a waiver of appearance, you're right:  there is not a lot of info on VJ.

 

The decision is made based on your eligibility to adjust status from a marriage to a USC.  So, they'll look at the bonafides of the marriage, as well as the financial sponsorship to evaluate the public charge risk.

 

If you're worried about it, maybe it's not a DIY, and you should look into getting a lawyer.

Filed: Other Timeline
Posted
3 minutes ago, Jill Mackie said:

Hello again,

 what the reasons are an AOS get a denial ? I understand my case will be more scrutinized because my husband is incarcerated and won't obviously be able to attend the interview with me , so I'm kinda wondering what they could deny me on, if that were to be the case . It does state on their website USCIS may waiver the personal appearance of a US citizen spouse partitioner who is incarcerated and unable to attend the AOS interview . I wonder if they would contact the prison to arrange a separate interview with him or just base it off all the evidence we submitted with the I-130 and further evidence I bring to my interview? I've checked the forum and there aren't too many people who've married whilst a spouse is in prison , but I know it has happened before and the green card been granted even with those who's spouses have a  life or death sentences. 

well for one I'm willing to bet people don't post about it because there are too many who judge and feel its their moral authority to give their opinion. If you're worried they will deny you because you're married to someone in prison , don't, their job isn't to judge you or your spouse or the reason they're in prison unless, of course, his crime falls under the Adam Welsh Act in which case its already dead on arrival ,  they are to decide if your marriage is real , if you have the proof as you've said then you don't have anything to worry about , and NO you don't need a lawyer , follow the guides and advise from this site and you'll be fine. and frankly screw those who judge , if anyone judges you its coz their own lives are unhappy 

Filed: Citizen (apr) Country: Argentina
Timeline
Posted

You’re right in that there is not much info here in VJ about couples where the petitioner is incarcerated. And @NikkiRNmight have a valid point in saying that it might be because people fear judgment. But going to your question, there are two main reasons for denial: the first one is lack of evidence of a bona fide relationship, and the second one is if they found material misrepresentation.

FROM F1 TO AOS

October 17, 2019 AOS receipt date 

December 09, 2019: Biometric appointment

January 15, 2020 RFE received

January 30, 2020  RFE response sent

Feb 7: EAD approved and interview scheduled

March 18, 2020 Interview cancelled

April 14th 2020: RFE received

April 29, 2020 Approved without interview

May 1, 2020 Card in hand

 

REMOVAL OF CONDITIONS

February 1, 2022 package sent

March 28, 2022 Fingerprints reused

July 18, 2023 approval

July 20, 2023 Card in hand

 

N400 

January 30,2023: Online filing

February 4th, 2023: Biometric appointment

June 15th, 2023: Case actively being reviewed

July 11th, 2023: Interview scheduled.

August 30th, 2023: Interview!

August 31st, 2023: Oath ceremony scheduled.

Sept 19th, 2023: Officially a US citizen!

 


 

Posted

@Jill Mackie, I would strongly recommend that you stay focused and fulfill every requirement, fill out your forms accurately and correctly and you will see that everything will fall into place when the time comes.

By filing the I-130, your husband is petitioning you and providing evidence that you are an immediate relative of a US Citizen. Being incarcerated does not prevent him from petitioning you. You provided extensive evidence of bona fide marriage. On this end, it seems to me like you are good to go.

The I-485 - what matters here is that you are not inadmissible. In other words, that you've never done anything that disqualifies you from being eligible to adjust status inside the US. If you have ever done anything that causes the I-485 to be denied, then you would need to proceed with Consular Processing and leave the US and get your green card at an Embassy or Consulate. From what you've told us, it seems like you are eligible to adjust status. So this should not be an issue either. 

The 3rd item that usually gives people trouble is the affidavit of financial support. In this case, you have the support of your in-laws. They make more than enough to sponsor your application. (By the way, having your in-laws sponsor you puts you in a positive light. USCIS won't be thinking that this is a sham marriage/green card marriage. 

 

So all of this said, I do not foresee any issues. 

 

I-751 Joint Filing.

06-15-2021 - Case was updated to show fingerprints were taken. 

05-26-2021 - Received NOA/extension letter. Notice date and postmarked 05-20-2021.

05-23-2021 - Received text message with Receipt #. YSC Potomac Center.

05-21-2021 - Checks cashed (processing on joint checking account)

05-07-2021 - I-751 received in Arizona.

 

Marriage-based AOS - Concurrent filing.

05-07-2019 - AOS Approved. Resident since date 05/07/2019.

05-06-2019 - AOS Interview

04-23-2018 - "Case is ready to be scheduled for an interview"

03-16-2018 - Priority Date.

Posted
2 minutes ago, USC4SPOUSE said:

@Jill Mackie, I would strongly recommend that you stay focused and fulfill every requirement, fill out your forms accurately and correctly and you will see that everything will fall into place when the time comes.

By filing the I-130, your husband is petitioning you and providing evidence that you are an immediate relative of a US Citizen. Being incarcerated does not prevent him from petitioning you. You provided extensive evidence of bona fide marriage. On this end, it seems to me like you are good to go.

The I-485 - what matters here is that you are not inadmissible. In other words, that you've never done anything that disqualifies you from being eligible to adjust status inside the US. If you have ever done anything that causes the I-485 to be denied, then you would need to proceed with Consular Processing and leave the US and get your green card at an Embassy or Consulate. From what you've told us, it seems like you are eligible to adjust status. So this should not be an issue either. 

The 3rd item that usually gives people trouble is the affidavit of financial support. In this case, you have the support of your in-laws. They make more than enough to sponsor your application. (By the way, having your in-laws sponsor you puts you in a positive light. USCIS won't be thinking that this is a sham marriage/green card marriage. 

 

So all of this said, I do not foresee any issues. 

Wow!! Thank you so much , I cannot tell you how grateful I am for your your advice and input. Sometimes it's hard to look at if from a different prospective , I don't always see another point of view, so I am truly grateful that you take the time to help me. I don't have any family around like most people on their immigration journeys but unlike those, I don't have my husband with me all the times so I'm navigating this on my own for the most part as my husband can't help but I made my choices and I don't complain I understood what I was getting into , love is love no matter how difficult it gets . Again I'm so grateful to kind hearts like yourself you are a wonderful person . 

Posted
20 minutes ago, ra0010 said:

You’re right in that there is not much info here in VJ about couples where the petitioner is incarcerated. And @NikkiRNmight have a valid point in saying that it might be because people fear judgment. But going to your question, there are two main reasons for denial: the first one is lack of evidence of a bona fide relationship, and the second one is if they found material misrepresentation.

Thank you , I submitted a ton of evidence spanning 8 years. This isn't an easy journey it's even less easy with a spouse in prison because your fighting a prison system that isn't forgiving , I sure hope they understand that nobody would marry an incarcerated person for fun or misrepresentation, because when reality sets in it gets really tough. Unless you're in it you can't understand it but when you love someone you love that person, regardless of the situation and circumstances. I just want to be able to live here and be with my husband and be there when he gets out in 8 years. 

Filed: Citizen (apr) Country: Argentina
Timeline
Posted
3 minutes ago, Jill Mackie said:

Unless you're in it you can't understand it

Oh no, I understand 100%. What I’m saying is: people judge, and some people fear that. You’re very brave because you’re posting your story, and I sure hope that it can help others in the same situation, maybe now or in the future. I’m sure you’re not the only one nor the last one!!! 

FROM F1 TO AOS

October 17, 2019 AOS receipt date 

December 09, 2019: Biometric appointment

January 15, 2020 RFE received

January 30, 2020  RFE response sent

Feb 7: EAD approved and interview scheduled

March 18, 2020 Interview cancelled

April 14th 2020: RFE received

April 29, 2020 Approved without interview

May 1, 2020 Card in hand

 

REMOVAL OF CONDITIONS

February 1, 2022 package sent

March 28, 2022 Fingerprints reused

July 18, 2023 approval

July 20, 2023 Card in hand

 

N400 

January 30,2023: Online filing

February 4th, 2023: Biometric appointment

June 15th, 2023: Case actively being reviewed

July 11th, 2023: Interview scheduled.

August 30th, 2023: Interview!

August 31st, 2023: Oath ceremony scheduled.

Sept 19th, 2023: Officially a US citizen!

 


 

Posted
3 minutes ago, ra0010 said:

Oh no, I understand 100%. What I’m saying is: people judge, and some people fear that. You’re very brave because you’re posting your story, and I sure hope that it can help others in the same situation, maybe now or in the future. I’m sure you’re not the only one nor the last one!!! 

Thank you 

Posted

@Jill Mackie this is from the USCIS policy manual https://www.uscis.gov/policy-manual/volume-7-part-a-chapter-5

 

Scroll down to #3. 
 

 

 

I-751 Joint Filing.

06-15-2021 - Case was updated to show fingerprints were taken. 

05-26-2021 - Received NOA/extension letter. Notice date and postmarked 05-20-2021.

05-23-2021 - Received text message with Receipt #. YSC Potomac Center.

05-21-2021 - Checks cashed (processing on joint checking account)

05-07-2021 - I-751 received in Arizona.

 

Marriage-based AOS - Concurrent filing.

05-07-2019 - AOS Approved. Resident since date 05/07/2019.

05-06-2019 - AOS Interview

04-23-2018 - "Case is ready to be scheduled for an interview"

03-16-2018 - Priority Date.

Filed: IR-1/CR-1 Visa Country: Ghana
Timeline
Posted
16 hours ago, NikkiR123 said:

well for one I'm willing to bet people don't post about it because there are too many who judge and feel its their moral authority to give their opinion. If you're worried they will deny you because you're married to someone in prison , don't, their job isn't to judge you or your spouse or the reason they're in prison unless, of course, his crime falls under the Adam Welsh Act in which case its already dead on arrival ,  they are to decide if your marriage is real , if you have the proof as you've said then you don't have anything to worry about , and NO you don't need a lawyer , follow the guides and advise from this site and you'll be fine. and frankly screw those who judge , if anyone judges you its coz their own lives are unhappy 

I want to first start of by saying, I am sorry but I do not have any suggestions or advise regarding this topic, I have not experienced it or know anyone that has, however I just wanted to give a shot out to NikkiR123 for the proper approach, in my opinion to answering this question! I of course am going through the visa process which has brought me to this platform. In my short time using this platform, I have been floored by the responses that I have seen. The attitudes and judgement I've seen makes me wonder if they are even going through the immigration process themselves at all? If so...they must know the difficulties and challenges that come with it . Now is not the time to be judge or criticized for a question. A simply answer, with personal opinions on the topic could be useful.  I've seen people come off completely rude and judgmental. Thank you nikkiR123, I believe  you hit it on the nail! There maybe quite a few people going through the same issue but neglecting to post due to the fear of being judge. I wish I had further to say on the topic as well, but I hope the user gets the needed info..alot of good answers so far!  

Posted

The main reason you'd see a denial of your AOS is lack of bonafide marriage evidence or sponsorship .  I haven't looked through your posts so I haven't a clue what you've submitted for evidence or how quality that evidence is.  But that will be your main hurdle when your spouse is in prison since you can't live together.  

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Posted
2 minutes ago, NikLR said:

The main reason you'd see a denial of your AOS is lack of bonafide marriage evidence or sponsorship .  I haven't looked through your posts so I haven't a clue what you've submitted for evidence or how quality that evidence is.  But that will be your main hurdle when your spouse is in prison since you can't live together.  

Thank you , I have submitted about 8 years of evidence which included letters , phone call records, visting records , correspondence with his attorney and correspondence with various prison officials . I have my husband's power of attorney and I have an affidavit from his attorney .

Filed: Other Timeline
Posted
3 hours ago, sweetk328 said:

I want to first start of by saying, I am sorry but I do not have any suggestions or advise regarding this topic, I have not experienced it or know anyone that has, however I just wanted to give a shot out to NikkiR123 for the proper approach, in my opinion to answering this question! I of course am going through the visa process which has brought me to this platform. In my short time using this platform, I have been floored by the responses that I have seen. The attitudes and judgement I've seen makes me wonder if they are even going through the immigration process themselves at all? If so...they must know the difficulties and challenges that come with it . Now is not the time to be judge or criticized for a question. A simply answer, with personal opinions on the topic could be useful.  I've seen people come off completely rude and judgmental. Thank you nikkiR123, I believe  you hit it on the nail! There maybe quite a few people going through the same issue but neglecting to post due to the fear of being judge. I wish I had further to say on the topic as well, but I hope the user gets the needed info..alot of good answers so far!  

thanks a bunch for that. i just hate bullies who think its their right to give their opinion on the life of someone else . what seriously bugs me is the personal comments like why did you marry someone in prison or that's not a  normal marriage , well what exactly is a 'normal' marriage , last i checked 'normal ' marriages still ended in divorce . a simple answer to an immigration question is all that's needed not someone's personal opinion 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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