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Colene Hylton

Fiance in Jail; How to File? [split topic]

By Colene Hylton in Adjustment of Status from Work, Student, & Tourist Visas

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Family Mentor

Family   4,000

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Just now, Colene Hylton said:

Hey I'm married to an US citizen we have two kids and been together for almost three years. He is recently been in jail can he petition for me while in jail he won't allow to take passport photos in jail. Do I have to send the passport size photos of him to USCIS?

Just get any photos and crop them to size required .. I assume some photos are allowed since there are online prisoner pen pal websites that feature photos.

Yes he can file for you.

 

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TBoneTX Grand Master

TBoneTX   45,324

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Filed: Citizen (apr) Country: Ecuador
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The above were split from an unrelated post.

Edited by TBoneTX

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Family Mentor

Family   4,000

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30 minutes ago, Colene Hylton said:

Can I just send the I-130 in jail for him to sign. What's the best way to submit my form to USCIS.

Yes you can send/take the I-130 for him to sign. Best for you is to paper file and then set up a USCIS account online to track the progress/ receive notices ..

Are you currently  in the US or overseas? 
Are the children in your care? Include birth certificate of children.

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Family Mentor

Family   4,000

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6 minutes ago, Colene Hylton said:

Yes we are in the US. 

On the I-130 you will need to select Consular Process or Adjustment..what you pick depends on how you entered the US.

Have you ever  tried to adjust / “ fix your papers” before? Asking since you already have 2 children and it’s important you do this right…as they surely need you to care for them.

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pushbrk Grand Master

pushbrk   12,898

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24 minutes ago, Colene Hylton said:

Yes we are in the US. 

Did you enter the US legally?  What is your status?

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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Colene Hylton Rookie

Colene Hylton   3

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I entered the US as a J 1 student and I got married and have two children . They are US citizen. I have been with my husband for almost three and already did a waiver to find out if I had to go back home for two years requirement but USCIS replied. They said that I was not government sponsor so I don't need to go back home for two years requiredment so they closed my my case. So now I'm ready to to file my papers my husband incarcerated. So I was inquiring on the best way to file I -130 since he's in jail. 

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pushbrk Grand Master

pushbrk   12,898

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9 minutes ago, Colene Hylton said:

I entered the US as a J 1 student and I got married and have two children . They are US citizen. I have been with my husband for almost three and already did a waiver to find out if I had to go back home for two years requirement but USCIS replied. They said that I was not government sponsor so I don't need to go back home for two years requiredment so they closed my my case. So now I'm ready to to file my papers my husband incarcerated. So I was inquiring on the best way to file I -130 since he's in jail. 

The best way is by mail.  Not sure how you will provide a passport photo of him though.  Maybe they will accept a copy of his mug shot when arrested.

 

You will not file just an I-130 as you are adjusting status from within the USA, not seeking an immigrant visa.  You'll/he file a total of 8 forms initially.  Time to start by  clicking on the word Guides at the top of any page here.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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Family Mentor

Family   4,000

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1 hour ago, Colene Hylton said:

I entered the US as a J 1 student and I got married and have two children . They are US citizen. I have been with my husband for almost three and already did a waiver to find out if I had to go back home for two years requirement but USCIS replied. They said that I was not government sponsor so I don't need to go back home for two years requiredment so they closed my my case. So now I'm ready to to file my papers my husband incarcerated. So I was inquiring on the best way to file I -130 since he's in jail. 

File the I-485 / I-130 / I-765/I131 and I-864 ( sign by husband as Petitioner/ Sponsor..plus get someone to help u and be a Joint Sponsor). ..no reason to wait .

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Cathi Veteran

Cathi   5,755

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The title of your thread is "fiancé in jail". If you're married, he's a spouse, not a fiancé. Just clarifying so you don't file the wrong forms or interchange the words fiance/spouse on any of your forms. 


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powerpuff Veteran

powerpuff   6,712

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Filed: Lift. Cond. (pnd) Country: Kazakhstan
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26 minutes ago, Cathi said:

The title of your thread is "fiancé in jail". If you're married, he's a spouse, not a fiancé. Just clarifying so you don't file the wrong forms or interchange the words fiance/spouse on any of your forms. 

The topic was split form another member’s thread so the title of the thread was not written by the OP.

 

 

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