Husband is an Inmate..What do we do?

[JeanneAdil 6,655]

the one i remember is the woman who is living in US with MIL who is her cosponsor as husband is in prison to adjust her status or ROC

neighbors are giving her a hard time 

 

he needs to find the joint sponsor as he /or attorney acting on his behalf is the one who will submit the  I 864 (0 income for him and I 864a from joint sponsor)

u have met his family so he needs to proactive and ask for help

Edited August 29, 2022 by JeanneAdil

[JeanneAdil 6,655]

criminal  cases are often followed by civil suits seeking huge amounts of money from the felon for damages caused (in this case death )

i would do all to protect my money and in no way put a house in his name 

your attorney really needs to be on the ball / not only as to immigration issues but how to protect your money and assets 

 

usually a spouse will seek a lawyer (thinking of accidents and manslaughter cases) to get all property out of the name of an accused person before going to trial 

 

you may know the OJ Simpson case

Even though he was acquitted , her family sued and won a huge settlement

 

The civil jury found Simpson liable for the two deaths, ordering him to pay $33.5 million to the families.Jun 26, 2022

[veronicabiondi 17]

At the moment the property is empty apart from the basics. There is a lady that I pay to occasionally visit and check things like electricity, cameras etc etc. I only have it to avoid hotels plus I have all my clothing there so don't even need a suitcase when i travel to the States. I finish work then go straight to the airport and wait for my flight. I don't even need to check in. That's how I do it. But if it would help to rent it out then we could consider. I also have an account and a Social Security number because I have to pay certain taxes for this property.

 

Bottom line is that I'm confused, I really I don't know whom I should trust for information. Attorneys and (excuse my French) were rubbish, not because they didn't give me the convenient truths that i wanted but because every one gave a different version. Only one said something valuable that I really noted it down:

 

"US immigration system is designed to keep immigrants out". On that basis I decided not to file for some years and resume in few years time. However, husband disagrees, he really wants me there and I also want to be there with him, under the same time zone, under same city etc etc etc but I'm really scared and irony is that money is not the problem here.

The other problem is ESTA and CBO's. Every time I visit, my heart rate increases. I always try to keep my answers short but then I also feel bad because I'm not some illegal immigrant with bad intentions. I respect the system and I always leave on time. I have been in the States 10 times since 2019 ( I couldn't visit him for nearly 2 years because of COVID) and in these 10 times, I've never even been anywhere except my husbands local prison. I haven't even been to anywhere outside that area because my purpose is him not to go around (Ok I loved AppleBees..the steaks were awesome).  trying to be little funny here but the point is that someone said to me "Why do you want to move if he's not out". That was really a stupid question for so many reasons. We are no different that other married couples. I can't begin listing the reasons why that question was so idiotic.

Edited August 29, 2022 by veronicabiondi

[Boiler 46,116]

Certainly my experience is that with primary properties there is a lot of wiggle room. Just look at the wording of the I 864

 

And they would look at the net value after deductions such as selling it, and I am assuming it shows that he has a 50% stake. And nothing else.

 

So yes it t is possible but no more and that assumes you get a kindly CO.

 

The reparations aspects is interesting and if I was the OP would definitely concern me.

 

Reminds me of someone who did a runner from child support and died many years later having amassed some wealth and more children. His original family got most of his Estate. His new family were not happy

[Mike E 11,742]

6 minutes ago, veronicabiondi said:

Bottom line is that I'm confused, I really I don't know whom I should trust for information.

You won’t know what impediments you face until you attempt the process.  As a famous immigrant to the USA once said:

 

”You miss 100% of the shots you don't take.”

 

Prepare  I-130 / I-130A for your husband to sign and get moving on the process.  Until that is approved, all this speculation about what will happen during the visa process is just speculation.  
 

Also if you didn’t have a prenuptial agreement, this is a good time for both of you to consider signing  a post-nuptial agreement given the clear asymmetry in assets and income.

 

[veronicabiondi 17]

 

 

We are in the process of transferring full ownership to him. So 100% not 50%.

 

Assuming I apply and I get rejected, right? For whatever reason they feel (I don't have something in mind). How do i get to see him if he has to do all remaining years?!!!

 

I don't want to risk that. I've heard that once you get rejected, it would be difficult to even travel then.

[Boiler 46,116]

You would need to update ESTA with your refused visa decision 

[*Snowdrop* 604]

The one positive in your favour is that the UK embassy has been known to allow assets held by the beneficiary to be used - in the past, I admit I haven't heard it done recently. A sort of self-sponsor. But the one I remember doing that were mostly couples who had been living in the UK together and were doing DCF (consulate filing which isn't available anymore anyway) together. 

 

Honestly the easiest way to solve the financial hurdle at this point would be to find a joint sponsor. Could his mother do it? 

 

It would be one less thing to worry about as you already have a less typical case, and then you could just concentrate on the burden of convincing the CO that you are in a genuine relationship and are not doing this for immigration purposes.

 

[veronicabiondi 17]

Husband comes from a good family. His father was a successful businessman and a retired decorated Air-force veteran. Unfortunately, he passed away very suddenly in 2012 so all inheritance came to the procession of "the step mother". Step mother does not like me and that's very mutual(from the first time we spoke over the phone). After very careful consideration and acknowledging the risks, we have cut off communications.  We've decided to progress without her no matter the risks.  So, we won't use that avenue ever. I prefer to visit my husband every 3-4 months for the remaining of his sentence than asking favours in such sensitive matters.

[Palawan 131]

Why not have the inmate set up an LLC, pay himself xxxxx per year as "Director" or "President" and pay him self monthly, that would satisfy income requirments.

 

They can use a Lawyer/CPA to take care of this

[EM_Vandaveer 2,417]

3 minutes ago, Palawan said:

Why not have the inmate set up an LLC, pay himself xxxxx per year as "Director" or "President" and pay him self monthly, that would satisfy income requirments.

 

They can use a Lawyer/CPA to take care of this

Wouldn't NVC see through this, though?

[veronicabiondi 17]

ok. What if we rent out the place?!!!!!

[Palawan 131]

42 minutes ago, EM_Vandaveer said:

Wouldn't NVC see through this, though?

See thru it? It would be legal, he could be a consultant.  Are you not allwed to earn income while in prison?

[Palawan 131]

47 minutes ago, EM_Vandaveer said:

Wouldn't NVC see through this, though?

Better yet have her set up a LLC, She can put him on the payroll as Personal Assitance or Director or Mobile Data Cooridnator.

 

That would work fine

[veronicabiondi 17]

 

I think we lose context with the last few suggestions? 

The man has a property, right? So not sure why on earth this is not "an asset". If we also rent it out, then he will also need to pay taxes. That there would solve problems. There are inmates with properties.