Waiver form

[mattelo 45]

4 hours ago, NikkiR123 said:

I dont think you will have a problem at the interview , you said you included all the evidence to show your husband is incarcerated , so really it should be okay here is a link to someone who applied for a K1 fiancée visa with a husband in prison and attended  the AOS interview without him for obvious reasons .

 

 

Just FYI, that person was me and my green card got denied, just because my husband could not attend the interview (even though it was clear that he was incarcerated and could not attend for obvious reasons). I had to appeal their decision and got a great attorney who defended my case. Their decision was overturned and my green card finally granted, but now I'm applying for the 10-year green card and they are being as difficult as the very first time with me...!

 

This time they did not deny my case because he couldn't go to the interview with me but are now trying to deny me on the basis that we don't live together... It's a struggle really, and I strongly advise to get an attorney to help.

 

As advised by my own attorney, try to attach proof of incarceration and check the USCIS Policy Manual (https://www.uscis.gov/policy-manual), there is a clause for incarcerated petitioners. I would definitely suggest to print it out and attach it to your application too. It says: "USCIS may waive the personal appearance of a U.S. citizen spouse petitioner who is incarcerated and unable to attend the adjustment of status interview. In these situations, the adjustment applicant must appear for an interview. An officer must take all the facts and evidence surrounding each case into consideration on a case-by-case basis when deciding whether to waive the U.S. citizen spouse petitioner’s appearance."

 

Hope it helps!

 

[NikkiR123 35]

10 minutes ago, mattelo said:

Just FYI, that person was me and my green card got denied, just because my husband could not attend the interview (even though it was clear that he was incarcerated and could not attend for obvious reasons). I had to appeal their decision and got a great attorney who defended my case. Their decision was overturned and my green card finally granted, but now I'm applying for the 10-year green card and they are being as difficult as the very first time with me...!

 

This time they did not deny my case because he couldn't go to the interview with me but are now trying to deny me on the basis that we don't live together... It's a struggle really, and I strongly advise to get an attorney to help.

 

As advised by my own attorney, try to attach proof of incarceration and check the USCIS Policy Manual (https://www.uscis.gov/policy-manual), there is a clause for incarcerated petitioners. I would definitely suggest to print it out and attach it to your application too. It says: "USCIS may waive the personal appearance of a U.S. citizen spouse petitioner who is incarcerated and unable to attend the adjustment of status interview. In these situations, the adjustment applicant must appear for an interview. An officer must take all the facts and evidence surrounding each case into consideration on a case-by-case basis when deciding whether to waive the U.S. citizen spouse petitioner’s appearance."

 

Hope it helps!

 

OH WOW!! 

[NikkiR123 35]

wow that sucks , sounds like they discriminated against you because you're married to an inmate .

[NikkiR123 35]

29 minutes ago, mattelo said:

Just FYI, that person was me and my green card got denied, just because my husband could not attend the interview (even though it was clear that he was incarcerated and could not attend for obvious reasons). I had to appeal their decision and got a great attorney who defended my case. Their decision was overturned and my green card finally granted, but now I'm applying for the 10-year green card and they are being as difficult as the very first time with me...!

 

This time they did not deny my case because he couldn't go to the interview with me but are now trying to deny me on the basis that we don't live together... It's a struggle really, and I strongly advise to get an attorney to help.

 

As advised by my own attorney, try to attach proof of incarceration and check the USCIS Policy Manual (https://www.uscis.gov/policy-manual), there is a clause for incarcerated petitioners. I would definitely suggest to print it out and attach it to your application too. It says: "USCIS may waive the personal appearance of a U.S. citizen spouse petitioner who is incarcerated and unable to attend the adjustment of status interview. In these situations, the adjustment applicant must appear for an interview. An officer must take all the facts and evidence surrounding each case into consideration on a case-by-case basis when deciding whether to waive the U.S. citizen spouse petitioner’s appearance."

 

Hope it helps!

 

Do you think they denied your green card based on immigration policy changes under the previous administration and used you husband not being at the interview as an excuse or they just had a problem that you were married to an inmate? im kinda curious it seems to me there have been a few people who have married prisoners and successfully gotten green cards even people on death row 

[Jill Mackie 76]

36 minutes ago, mattelo said:

Just FYI, that person was me and my green card got denied, just because my husband could not attend the interview (even though it was clear that he was incarcerated and could not attend for obvious reasons). I had to appeal their decision and got a great attorney who defended my case. Their decision was overturned and my green card finally granted, but now I'm applying for the 10-year green card and they are being as difficult as the very first time with me...!

 

This time they did not deny my case because he couldn't go to the interview with me but are now trying to deny me on the basis that we don't live together... It's a struggle really, and I strongly advise to get an attorney to help.

 

As advised by my own attorney, try to attach proof of incarceration and check the USCIS Policy Manual (https://www.uscis.gov/policy-manual), there is a clause for incarcerated petitioners. I would definitely suggest to print it out and attach it to your application too. It says: "USCIS may waive the personal appearance of a U.S. citizen spouse petitioner who is incarcerated and unable to attend the adjustment of status interview. In these situations, the adjustment applicant must appear for an interview. An officer must take all the facts and evidence surrounding each case into consideration on a case-by-case basis when deciding whether to waive the U.S. citizen spouse petitioner’s appearance."

 

Hope it helps!

 

Oh no!!!! This has me nervous now 😭😭

[USC4SPOUSE 506]

36 minutes ago, Jill Mackie said:

Oh no!!!! This has me nervous now 😭😭

No, @Jill Mackie, knowledge is power! Now you know and can plan ahead! Thank you @mattelo for sharing your experience! And thank you @NikkiR123 for researching and finding @mattelo  

[NikkiR123 35]

3 minutes ago, USC4SPOUSE said:

No, @Jill Mackie, knowledge is power! Now you know and can plan ahead! Thank you @mattelo for sharing your experience! And thank you @NikkiR123 for researching and finding @mattelo  

Jill, our friend is correct , dont give up , its possible and it can happen . USC4SPOUSE  (I cant tag  you, cause i dont have a clue how to 🥴,)  thank you as always !!

[Jill Mackie 76]

8 minutes ago, USC4SPOUSE said:

No, @Jill Mackie, knowledge is power! Now you know and can plan ahead! Thank you @mattelo for sharing your experience! And thank you @NikkiR123 for researching and finding @mattelo  

😭😭😭 Do I include a letter explaining that he can't attend the interview ? I included a letter from him and a document from the prison explaining he is incarcerated with out i-130 petition  . Do I need to include a copy of this letter and document with our i-485 application? 😭😭💔💔

[mattelo 45]

1 hour ago, NikkiR123 said:

wow that sucks , sounds like they discriminated against you because you're married to an inmate .

That's exactly what it is and how I feel about it. It's been FOUR YEARS I have been married to my husband. I got my green card the first time and now they are giving me a hard time AGAIN? This is pure discrimination. In fact, if I were divorced today, I could apply for my 10-year green card without him and would get it without any issue... So much for having a good-faith marriage, huh?! The good news is I was lucky enough to get my husband's LWOP sentence overturned and he has a good chance of coming home by the end of the year! But yeah, it's a real struggle and YES! Knowledge is power. All the information I gave above, use it, attach it to your waiver, so they know that clause exists in their manual (because guess what, many don't have a clue and simply don't care...)

[Jill Mackie 76]

8 minutes ago, mattelo said:

That's exactly what it is and how I feel about it. It's been FOUR YEARS I have been married to my husband. I got my green card the first time and now they are giving me a hard time AGAIN? This is pure discrimination. In fact, if I were divorced today, I could apply for my 10-year green card without him and would get it without any issue... So much for having a good-faith marriage, huh?! The good news is I was lucky enough to get my husband's LWOP sentence overturned and he has a good chance of coming home by the end of the year! But yeah, it's a real struggle and YES! Knowledge is power. All the information I gave above, use it, attach it to your waiver, so they know that clause exists in their manual (because guess what, many don't have a clue and simply don't care...)

My husband wrote a letter explaining he is incarcerated and we included a document from the prison , I included  that as part of out i-130 petition evidence , so I need to include a copy of that letter and document for the I-485 as well as a copy of the policy page where it states they can waiver the interview for incarcerated US citizens?😭😭😭💔💔

Edited July 14, 2021 by Jill Mackie

[USC4SPOUSE 506]

8 minutes ago, NikkiR123 said:

Jill, our friend is correct , dont give up , its possible and it can happen . USC4SPOUSE  (I cant tag  you, cause i dont have a clue how to 🥴,)  thank you as always !!

You're welcome, @NikkiR123! The purpose of this forum is to help and empower each other with information. Kuddos to you!

(You tag someone by typing @ and their name, eg., @USC4SPOUSE  )

Edited July 14, 2021 by USC4SPOUSE

[NikkiR123 35]

Just now, USC4SPOUSE said:

You're welcome, @NikkiR123! The purpose of this forum is to help and empower each other with information. Kuddos to you!

(You tag someone by typing @ and their name, eg., @USC4SPOUSE  )

ahh, @USC4SPOUSE (yaaaaaaaaay) thank you , i'm all for empowering people , we all deserve to be happy and if I can help, I certainly will

[mattelo 45]

1 minute ago, Jill Mackie said:

My husband wrote a letter explaining he is incarcerated and we included a docum6from the prison , I included  that as part of out i-130 petition evidence , so I need to include a copy of that letter and document for the I-485 as well as a copy of the policy page where it states they can waiver the interview for incarcerated US citizens?😭😭😭💔💔

That's what I'd do, yes. I know you must be freaking out right now, but let's look at the bright side: I'm still in the US after 4 years 😉 And they are NOT deporting me because I'm going to appeal their decision AGAIN if it has to come to that and I'm willing to go to court if necessary. Also, it varies from one officer to another and you might have absolutely zero problem in the end! I'd suggest you do your best, your maximum, and you try to relax, because freaking out is pointless at this point, you can only control so much in the end.

[USC4SPOUSE 506]

8 minutes ago, Jill Mackie said:

😭😭😭 Do I include a letter explaining that he can't attend the interview ? I included a letter from him and a document from the prison explaining he is incarcerated with out i-130 petition  . Do I need to include a copy of this letter and document with our i-485 application? 😭😭💔💔

Yes, I think so @Jill Mackie. I guess I do not know how it would be best to express it, but you could request they exercise their "administrative grace and discretion" and waive the requirement for his presence at your I-485 interview. Definitely include the paragraph from the manual. Actually just print chapter 5 and highlight the section.

Hopefully, others weigh in as well.

 

[Jill Mackie 76]

2 minutes ago, mattelo said:

That's what I'd do, yes. I know you must be freaking out right now, but let's look at the bright side: I'm still in the US after 4 years 😉 And they are NOT deporting me because I'm going to appeal their decision AGAIN if it has to come to that and I'm willing to go to court if necessary. Also, it varies from one officer to another and you might have absolutely zero problem in the end! I'd suggest you do your best, your maximum, and you try to relax, because freaking out is pointless at this point, you can only control so much in the end.

Thank you , I will include a copy of his letter and the prison document when I file my 1-485 on Thursday . Thank you and good luck to you