I130 while incarcerated

[Jamila ak 1]

Hello group, my husband and father of my children is incarcerated in america , my question is if he can file an i130 while locked up , we have a sponsor of support for me and a residence which will be his residence upon his release.  

[dwheels76 5,468]

3 minutes ago, Jamila ak said:

Hello group, my husband and father of my children is incarcerated in america , my question is if he can file an i130 while locked up , we have a sponsor of support for me and a residence which will be his residence upon his release.  

It depends what the conviction is and if he is eligible to file. I would seek a lawyer. This is not a DIY case.

[Adventine 3,196]

I don't get it. In this thread, you mention a husband in jail in the States, but in your other thread posted a few minutes ago, you mention that you have a wife whose visa was denied and that YOU have a warrant of arrest in th States. So which is it?

 

 

 

[Boiler 45,525]

Would explain why you were refused a visitor visa

[millefleur 5,046]

**Moved from Bringing Family Members of US Citizens to America to IR-1 / CR-1 Spouse Visa Process & Procedures**

[Jamila ak 1]

1 hour ago, Adventine said:

I don't get it. In this thread, you mention a husband in jail in the States, but in your other thread posted a few minutes ago, you mention that you have a wife whose visa was denied and that YOU have a warrant of arrest in th States. So which is it?

 

 

 

Thanks for your reply. This  is another question I'm asking, 

[arken 4,197]

3 minutes ago, Jamila ak said:

Thanks for your reply. This  is another question I'm asking, 

Asking real questions is a good start to get real and proper answers.

The same person can't be imprisoned in the US and living abroad while hunted in the US at the same time.

 

[JeanneAdil 6,510]

43 minutes ago, arken said:

Asking real questions is a good start to get real and proper answers.

The same person can't be imprisoned in the US and living abroad while hunted in the US at the same time.

 

what i see is one post says "my husband is in jail"

other post by OP says "My wife has arrest warrant out in US"

who is the poster 

can't have a husband and a wife

[Rocio0010 5,579]

59 minutes ago, Jamila ak said:

Thanks for your reply. This  is another question I'm asking, 

Right. But are you the husband or the wife?

[Allaboutwaiting 2,503]

14 minutes ago, JeanneAdil said:

what i see is one post says "my husband is in jail"

other post by OP says "My wife has arrest warrant out in US"

who is the poster 

can't have a husband and a wife

In the other post the husband is who posts and has an arrest warrant.

 

3 hours ago, Adventine said:

I don't get it. In this thread, you mention a husband in jail in the States, but in your other thread posted a few minutes ago, you mention that you have a wife whose visa was denied and that YOU have a warrant of arrest in th States. So which is it?

 

1 hour ago, arken said:

The same person can't be imprisoned in the US and living abroad while hunted in the US at the same time.

 

It seems it is a classic case of time paradox. 🤪

[JeanneAdil 6,510]

so, the wife can go turn herself in to local authorities for her arrest warrant and let tell them to notify US agents to be sent here to face the charges 

[pushbrk 12,894]

If you want meaningful help here, be open, honest, and specific about real questions that apply to you and your specific circumstances.  If you are evasive and/or ask hypothetical questions, you are likely to be treated like "The Boy Who Cried Wolf".

[iwannaplay54 985]

Too late

[Demise 1,289]

8 hours ago, Jamila ak said:

Hello group, my husband and father of my children is incarcerated in america , my question is if he can file an i130 while locked up , we have a sponsor of support for me and a residence which will be his residence upon his release.  

Well I will overlook the issues others have raised. Like if you want to ask regarding purely theoretical scenarios go ahead but be clean about it.

 

Yes, as long as he's in prison for something other than a sexual offense against a minor under the Adam Walsh Act or if he was ever convicted for such offense previously. AWA determination can be overcome, but he'll basically have to prove "beyond a reasonable doubt" (i.e. 99% confidence) that he is not a threat to you or anyone else he's sponsoring.

 

Other than that he could be a murderer on death row and retain his right to petition for a relative, although you might have a hard time proving the legitimacy of a relationship with someone who you can only see through plexiglass.

[Hanieta 2]

3 hours ago, iwannaplay54 said:

Too late

Its not too late you can still file I 130