Attorney consult

[Thandeka 1]

good day we have our interview scheduled for June. Unfortunately, my husband is incarcerated and will not be able to make the interview when we file for our paperwork. We included the part of the policy where it said waivers for incarcerated petitioners, and we include evidence of his incarceration obviously he can’t attend the interview. What do I do, please help 

[OldUser 6,456]

I'd suggest lawyering up. This is not a regular everyday case.

[Thandeka 1]

It's not out of the ordinary either 

[SteveInBostonI130 3,408]

8 minutes ago, Thandeka said:

It's not out of the ordinary either 

 

By requiring a waiver, it is the very definition of out of the ordinary. 

 

 

27 minutes ago, Thandeka said:

good day we have our interview scheduled for June. Unfortunately, my husband is incarcerated and will not be able to make the interview when we file for our paperwork. We included the part of the policy where it said waivers for incarcerated petitioners, and we include evidence of his incarceration obviously he can’t attend the interview. What do I do, please help 

 

This case is not DIY.

 

 

[Thandeka 1]

4 minutes ago, SteveInBostonI130 said:

 

By requiring a waiver, it is the very definition of out of the ordinary. 

 

 

 

This case is not DIY.

 

 

Actually it's not it means it's not a unique case to me 

[OldUser 6,456]

Just now, Thandeka said:

Actually it's not it means it's not a unique case to me 

I've been on this forum daily for the past 2 years. I've watched 600+ hours of immigration related videos. I don't see this situation often discussed. Maybe others have solutions, my only advice is to seek legal help.

[Timona 4,207]

Was he incarcerated before or after marriage?

[Thandeka 1]

4 minutes ago, Timona said:

Was he incarcerated before or after marriage?

Before we have been together for 12 years 

[Ontarkie 14,190]

Bring proof with you to the interview. The waiver is for him, so you still need to go to the interview. I would also suggest a quick consult with lawyer just to make sure you don't need anything else. 

[SalishSea 17,736]

18 hours ago, Thandeka said:

good day we have our interview scheduled for June. Unfortunately, my husband is incarcerated and will not be able to make the interview when we file for our paperwork. We included the part of the policy where it said waivers for incarcerated petitioners, and we include evidence of his incarceration obviously he can’t attend the interview. What do I do, please help 

So he’s been incarcerated all this time, and you’re adjusting from ESTA/B visa?   Why did he not petition you?

 

How will he sponsor you without an income?

[Thandeka 1]

1 hour ago, SalishSea said:

So he’s been incarcerated all this time, and you’re adjusting from ESTA/B visa?   Why did he not petition you?

 

How will he sponsor you without an income?

He did petition me and I am adjusting from a B visa. We have a co sponsor and I have my work permit and am currently employed full-time 

[SteveInBostonI130 3,408]

7 hours ago, Thandeka said:

He did petition me and I am adjusting from a B visa. We have a co sponsor and I have my work permit and am currently employed full-time 

 

For adjustment of status, you will need relationship evidence.  With him being incarcerated the entirety of your relationship, you will need rock solid evidence that your relationship is genuine. I highly recommend you to consult an experience immigration attorney.

[Thandeka 1]

1 minute ago, SteveInBostonI130 said:

 

For adjustment of status, you will need relationship evidence.  With him being incarcerated the entirety of your relationship, you will need rock solid evidence that your relationship is genuine. I highly recommend you to consult an experience immigration attorney.

We have 12 years of evidence - phone calls, letters, Visiting logs, Correspondence with various prison officials, Correspondence with his attorneys. We have no problem proving the validity of our marriage 

[SteveInBostonI130 3,408]

4 minutes ago, Thandeka said:

We have 12 years of evidence - phone calls, letters, Visiting logs, Correspondence with various prison officials, Correspondence with his attorneys. We have no problem proving the validity of our marriage 

 

It sounds like you are on top of it.  EDIT:  What help do you need?

Edited May 11 by SteveInBostonI130

[Thandeka 1]

1 minute ago, SteveInBostonI130 said:

 

It sounds like you are on top of it.  Why are you asking for help?

It's the interview part ,I'm worried they may deny it because he obviously can't make it.