Waiver form

[USC4SPOUSE 506]

4 minutes ago, NikkiR123 said:

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

Haha, you tagged me @NikkiR123 lol! Here I am! Yes, honestly, sometimes I read some responses and just shake my head. 600k+ Americans dead due to the pandemic and we are still not being kind to one another sometimes. *sigh*

[USC4SPOUSE 506]

15 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...)

Yup, exactly my thought @mattelo if you reallly wanted to play them you would just divorce your husband, get the 10 year green card and then marry him again. I mean seriously.

 

Why give you the conditional green card to begin with??? If the marriage is not bona fide now, how was it bona fide then??? Makes no sense. But that is the thing, officers have ample discretion and can get away with giving people a hard time.

 

Have you reached out to your US Senator or Congressperson?

[NikkiR123 35]

5 minutes ago, USC4SPOUSE said:

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.

 

@USC4SPOUSE (omg now that i now how to tag , I'm going to be tagging you for great advice🤣) @Jill Mackie I would suggest you send a copy of your husbands letter, the document you have  from the prison, the page of the manual and  like @USC4SPOUSE said  ask them to exercise their administrative grace and discretion. Don't get yourself upset and worried , I think you're going to be okay .

[Jill Mackie 76]

9 minutes ago, USC4SPOUSE said:

Yup, exactly my thought @mattelo if you reallly wanted to play them you would just divorce your husband, get the 10 year green card and then marry him again. I mean seriously.

 

Why give you the conditional green card to begin with??? If the marriage is not bona fide now, how was it bona fide then??? Makes no sense. But that is the thing, officers have ample discretion and can get away with giving people a hard time.

 

Have you reached out to your US Senator or Congressperson?

When my husband and I were deciding which route to go , I had called an attorney , it was him who suggested AOS since I was here already . I have seen a few articles where women married death row inmates and still got green cards . I honestly think some people just have a problem with what's considered "non traditional marriage " I can't afford an attorney at the moment , so I'm just going go into this knowing my marriage is real , if they deny me because he is incarcerated I will certainly get legal advice then, because to me ,it would prove discrimination especially since AOS is not illegal , their policy states they can waiver an interview for incarcerated partitioners and green cards have even been granted for death row inmates. 

[USC4SPOUSE 506]

5 minutes ago, Jill Mackie said:

When my husband and I were deciding which route to go , I had called an attorney , it was him who suggested AOS since I was here already . I have seen a few articles where women married death row inmates and still got green cards . I honestly think some people just have a problem with what's considered "non traditional marriage " I can't afford an attorney at the moment , so I'm just going go into this knowing my marriage is real , if they deny me because he is incarcerated I will certainly get legal advice then, because to me ,it would prove discrimination especially since AOS is not illegal , their policy states they can waiver an interview for incarcerated partitioners and green cards have even been granted for death row inmates. 

Yes, @Jill Mackie, consular processing (having to interview at the embassy/consulate) would have been complex. When Consular officers deny an application, there is no way to appeal them. They do not even have to explain why. With USCIS, at least you get to fight them and appeal and ask why.

 

You may not be able to afford an attorney now. That's understandable. However, it is worth doing a free consultation with a good attorney and who knows? Maybe down the line they may take your case pro bono/without charge. Sometimes lawyers do that. It is a tax break to them and to some, of course, an opportunity to give back to the community and add stripes to their uniform. 

Here are some links that may help. You just have to look for probono immigration legal help in your area.  

 

https://www.probono.net/our-work/initiatives/immigrant/

 

https://usahello.org/immigration/your-rights/find-legal-resources/

 

 

[USC4SPOUSE 506]

25 minutes ago, NikkiR123 said:

@USC4SPOUSE (omg now that i now how to tag , I'm going to be tagging you for great advice🤣)

🤣 Tag away @NikkiR123 lol!

 

28 minutes ago, NikkiR123 said:

I would suggest you send a copy of your husbands letter, the document you have  from the prison, the page of the manual and  like @USC4SPOUSE said  ask them to exercise their administrative grace and discretion. Don't get yourself upset and worried , I think you're going to be okay .

@Jill Mackie You will be OK. Like NikkiR124 said, I would state your request, choose your words carefully and elicit their administrative grace, cite that Chapter 5 paragraph and include a copy of it. That way they know, that you know, that they know.  

 

When the time comes, you can reach out to your congress representative, too. 

 

I would not delay filing your I-485 much longer. We want you to have that I-797 NOA that serves as proof of lawful presence, then you will start applying for jobs. Once you have a job offer, you can request to expedite your EAD/AP combo card.  

[Jill Mackie 76]

14 minutes ago, USC4SPOUSE said:

🤣 Tag away @NikkiR123 lol!

 

@Jill Mackie You will be OK. Like NikkiR124 said, I would state your request, choose your words carefully and elicit their administrative grace, cite that Chapter 5 paragraph and include a copy of it. That way they know, that you know, that they know.  

 

When the time comes, you can reach out to your congress representative, too. 

 

I would not delay filing your I-485 much longer. We want you to have that I-797 NOA that serves as proof of lawful presence, then you will start applying for jobs. Once you have a job offer, you can request to expedite your EAD/AP combo card.  

Thank you 💗, I had to wait for my mother in law's tax transcripts , so I will be mailing my application off on Thursday . I will write the request for the waiver tomorrow and include my husband's letter , the prison doc. and a copy of the USCIS page stating a waiver for incarcerated petitioners . 

[Rocio0010 5,636]

4 hours ago, USC4SPOUSE said:

. That way they know, that you know, that they know

I love that!!!! That’s being well- rounded and well- prepared!

[NikkiR123 35]

@mattelo could you maybe give us the details of your green card interview and what the USCIS officer said to you ? hopefully your information could help @Jill Mackie with her case? 

[mattelo 45]

1 hour ago, NikkiR123 said:

@mattelo could you maybe give us the details of your green card interview and what the USCIS officer said to you ? hopefully your information could help @Jill Mackie with her case? 

Well, there's really not much to say. The adjudicator was new and still in training. She did the interview without my husband, asked me the classic questions I guess. My husband was calling on my cellphone so I told her she could talked to him this way if she wanted to. She said she was going to ask her supervisor if that was possible. She came back and said it wouldn't be necessary. I said okay. The interview went well. And then I got denied :-P

 

However, my ROC interview was quite interesting. I got almost only questions about... my husband's criminal case. My attorney present said it was totally inappropriate and that those things should have never been asked to me. The adjudicator said that "if your husband really loves you, he must have told you about his criminal case." 

 

Then he said green cards cannot be given to couples who do not live together (which is NOT true) and when my attorney called him out on it, he said that couples need to have at least the perspective of living together someday (that part he totally made up...) and that it is not the case here (since my husband has Life Without Parole).

 

Like I said, since then we got his sentence overturned, so I have faith things will get better. They sent me a RFE but right now I'm playing time, hoping that my husband will get released and they'll finally get off my back.

[USC4SPOUSE 506]

6 hours ago, ra0010 said:

I love that!!!! That’s being well- rounded and well- prepared!

@ra0010, a professor of mine would say that and then, she would squint and nodd a couple of times. Then, you knew she meant business. 🤣

[NikkiR123 35]

45 minutes ago, mattelo said:

Well, there's really not much to say. The adjudicator was new and still in training. She did the interview without my husband, asked me the classic questions I guess. My husband was calling on my cellphone so I told her she could talked to him this way if she wanted to. She said she was going to ask her supervisor if that was possible. She came back and said it wouldn't be necessary. I said okay. The interview went well. And then I got denied 😛

 

However, my ROC interview was quite interesting. I got almost only questions about... my husband's criminal case. My attorney present said it was totally inappropriate and that those things should have never been asked to me. The adjudicator said that "if your husband really loves you, he must have told you about his criminal case." 

 

Then he said green cards cannot be given to couples who do not live together (which is NOT true) and when my attorney called him out on it, he said that couples need to have at least the perspective of living together someday (that part he totally made up...) and that it is not the case here (since my husband has Life Without Parole).

 

Like I said, since then we got his sentence overturned, so I have faith things will get better. They sent me a RFE but right now I'm playing time, hoping that my husband will get released and they'll finally get off my back.

wow!! sounds like the officer had no clue what she was doing and your ROC interview, wow! sounds like that guy had a problem with your husband being in prison and he obviously does know his job. How could he say green cards aren't given to couples who don't live together or that couples need to have the perspective of living together ? total BS,  I have seen there are death row inmates that successfully petition their spouses and did he not understand that you already were granted a green card ? sometimes I think these people cant keep their personal opinion from their professional one and are pissed with power . @Jill Mackie i wouldn't let that pull you down , their job is to decided if you are eligible to adjust not judge you on the person you married , if by chance that does happen I would contact an attorney and sue for discrimination , but you don't know yet so  o point jumping to conclusions that its all doom and gloom @mattelo may have been unlucky and got a ####### of an officer , All is not lost 

[NikkiR123 35]

13 hours ago, Jill Mackie said:

When my husband and I were deciding which route to go , I had called an attorney , it was him who suggested AOS since I was here already . I have seen a few articles where women married death row inmates and still got green cards . I honestly think some people just have a problem with what's considered "non traditional marriage " I can't afford an attorney at the moment , so I'm just going go into this knowing my marriage is real , if they deny me because he is incarcerated I will certainly get legal advice then, because to me ,it would prove discrimination especially since AOS is not illegal , their policy states they can waiver an interview for incarcerated partitioners and green cards have even been granted for death row inmates. 

@Jill Mackie i did some research for you , look at these sites ,  there is a member on here who may be able to give you advise .  @Legend234 you had the same issue according to your profile , how did that all pan out ?

 

 

 

 

https://www.***removed***/experiences/post/Spouse-in-jail-340993/#

 

https://www.nydailynews.com/incarceration-shouldn-stop-wife-green-card-article-1.2569000

[mattelo 45]

41 minutes ago, NikkiR123 said:

wow!! sounds like the officer had no clue what she was doing and your ROC interview, wow! sounds like that guy had a problem with your husband being in prison and he obviously does know his job. How could he say green cards aren't given to couples who don't live together or that couples need to have the perspective of living together ? total BS,  I have seen there are death row inmates that successfully petition their spouses and did he not understand that you already were granted a green card ? sometimes I think these people cant keep their personal opinion from their professional one and are pissed with power . @Jill Mackie i wouldn't let that pull you down , their job is to decided if you are eligible to adjust not judge you on the person you married , if by chance that does happen I would contact an attorney and sue for discrimination , but you don't know yet so  o point jumping to conclusions that its all doom and gloom @mattelo may have been unlucky and got a ####### of an officer , All is not lost 

The only great experience I had was for my fiancé visa. I had such a lovely lady in the Embassy in France who never had a case like mine but she was adorable, very open-minded and only asked very considerate questions. It's been downhill from that experience for sure LOL But yeah, I'm not done with this fight and I'm going to win this. I already got their decision overturned once, so I'm really not worried, especially because, as you said it, I got my first green card in the end! So I'm pretty confident things will end up well for me. @Jill Mackie, just be prepared to go through hoops, it's not an easy road, but if your marriage is real and sincere, you'll be fine!

[Jill Mackie 76]

41 minutes ago, mattelo said:

The only great experience I had was for my fiancé visa. I had such a lovely lady in the Embassy in France who never had a case like mine but she was adorable, very open-minded and only asked very considerate questions. It's been downhill from that experience for sure LOL But yeah, I'm not done with this fight and I'm going to win this. I already got their decision overturned once, so I'm really not worried, especially because, as you said it, I got my first green card in the end! So I'm pretty confident things will end up well for me. @Jill Mackie, just be prepared to go through hoops, it's not an easy road, but if your marriage is real and sincere, you'll be fine!

I'm not feeling nearly as confident about my green card now . 😭😭