case denied because spouse is incarcerated

[ndi]

I got a deny latter yesterday on my adjustment of status. The reason was that I requested for last interview to be rescheduled since I my spouse is in prison.Has anyone here gone through this before. I also need advice on what to do next.

[azblk]

I got a deny latter yesterday on my adjustment of status. The reason was that I requested for last interview to be rescheduled since I my spouse is in prison.Has anyone here gone through this before. I also need advice on what to do next.

What was denied? a reschedule of your interview date or your whole case? You need to get a lawyer ASAP. You cant not rely of the advice here as this is a very rare situation.

[ndi]

What was denied? a reschedule of your interview date or your whole case? You need to get a lawyer ASAP. You cant not rely of the advice here as this is a very rare situation.

The whole case was denied

[UScitizenFilingforspouse]

I got a deny latter yesterday on my adjustment of status. The reason was that I requested for last interview to be rescheduled since I my spouse is in prison.Has anyone here gone through this before. I also need advice on what to do next.

Was your I-130 denied, as well? You will get a letter outlining what's next. However, you must seek legal advice. That's my best non-legal advice.

[azblk]

You need a lawyer on this one. There are too questions before you can even get any advice. Why is you wife in jail/prison? how long does she have to serve? what was her crime? how long where you married before she got locked up? Do you have children? Who did your i-864?

[ndi]

You need a lawyer on this one. There are too questions before you can even get any advice. Why is you wife in jail/prison? how long does she have to serve? what was her crime? how long where you married before she got locked up? Do you have children? Who did your i-864?

Lots of question there but I am seeking an immigration attorney at this time.
Thanks

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Was your I-130 denied, as well? You will get a letter outlining what's next. However, you must seek legal advice. That's my best non-legal advice.

Working with a legal adviser at this time.
Thanks

[rayb]

It looks pretty simple to me. If your wife is in prison, she cannot meet the requirements for a petitioning spouse (sponsorship, going with you to Adjustment interview).

Do you really expect the U.S. to be satisfied that you are prepared to receive a Green Card when your basis for being in the U.S. is a petitioning spouse who is incarcerated?

Wait until she is released and start the paperwork over.

Don't waste your money with an attorney at this time, as you have no viable petition relationship with your wife while she is incarcerated.

--Ray B

I got a deny latter yesterday on my adjustment of status. The reason was that I requested for last interview to be rescheduled since I my spouse is in prison.Has anyone here gone through this before. I also need advice on what to do next.

[azblk]

It looks pretty simple to me. If your wife is in prison, she cannot meet the requirements for a petitioning spouse (sponsorship, going with you to Adjustment interview).

Do you really expect the U.S. to be satisfied that you are prepared to receive a Green Card when your basis for being in the U.S. is a petitioning spouse who is incarcerated?

Wait until she is released and start the paperwork over.

Don't waste your money with an attorney at this time, as you have no viable petition relationship with your wife while she is incarcerated.

--Ray B

I don't think its that's simple. If the wife is in prison for the next 5 years, you expect ICE to wait 5 years before coming after him? There is nothing the wife can not do from prison. She might have enough assets/savings to sponsor with no income and uscis has been known to waive the requirement that spouse appears at interview with petitioner at i-485 interview.

[rayb]

Asbik,

Your points are well made, and USCIS may waive the "presence" requirement for a spouse at the Adjustment interview, but the OP's situation is not the same as a "spouse being on Active Duty military in a war zone," when such presence may be waived.

Also, the issue is not that Adjustment is being denied for the wife's incarceration, but denial might be because of wife's criminal offense. USCIS routinely denies Green Cards for petitioner offenses (sexual, murder, felonies for which dispositions are not complete, etc.).

I think it's fairly obvious that the OP is in a "holding pattern" until his wife's/petitioner's status is resolved. Giving money to an attorney to find a solution to a problem like this is throwing money down a bottomless pit.

--Ray B

I don't think its that's simple. If the wife is in prison for the next 5 years, you expect ICE to wait 5 years before coming after him? There is nothing the wife can not do from prison. She might have enough assets/savings to sponsor with no income and uscis has been known to waive the requirement that spouse appears at interview with petitioner at i-485 interview.

[azblk]

Asbik,

Your points are well made, and USCIS may waive the "presence" requirement for a spouse at the Adjustment interview, but the OP's situation is not the same as a "spouse being on Active Duty military in a war zone," when such presence may be waived.

Also, the issue is not that Adjustment is being denied for the wife's incarceration, but denial might be because of wife's criminal offense. USCIS routinely denies Green Cards for petitioner offenses (sexual, murder, felonies for which dispositions are not complete, etc.).

I think it's fairly obvious that the OP is in a "holding pattern" until his wife's/petitioner's status is resolved. Giving money to an attorney to find a solution to a problem like this is throwing money down a bottomless pit.

--Ray B

The thing is the OP has not been forthcoming about the reason for his wife's incarceration so we are left to make assumptions. If she is locked up because of sexual offenses for instance then she can not sponsor him even if she is out because of the ADAM WALSH act. If she has a background of human smuggling or the like she also wont be able to sponsor him whether in jail or not. Now on the other hand if she is in prison for something like DUI or simple assault or fraud then she can sponsor.

The FAM says that the "presence" requirement can be waived due a spouses imprisonment on a case by case basis.

Now I dont know anything about holding patterns until the sponsors legal issues are resolved but I think would they just not keep the case open until they can make a decision on it? Depending on what the Ops status was before the denial he is now open for removal and his EAD if he had one is no longer valid and thus he cant work to support himself while waiting on wife to be released and then refile.

It seems to me that the OP is out of his depth on this one and needs sound legal advice from professionals something he can not get on these forums.

[ndi]

I don't think its that's simple. If the wife is in prison for the next 5 years, you expect ICE to wait 5 years before coming after him? There is nothing the wife can not do from prison. She might have enough assets/savings to sponsor with no income and uscis has been known to waive the requirement that spouse appears at interview with petitioner at i-485 interview.

well filed before my spouse went to prison

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The thing is the OP has not been forthcoming about the reason for his wife's incarceration so we are left to make assumptions. If she is locked up because of sexual offenses for instance then she can not sponsor him even if she is out because of the ADAM WALSH act. If she has a background of human smuggling or the like she also wont be able to sponsor him whether in jail or not. Now on the other hand if she is in prison for something like DUI or simple assault or fraud then she can sponsor.

The FAM says that the "presence" requirement can be waived due a spouses imprisonment on a case by case basis.

Now I dont know anything about holding patterns until the sponsors legal issues are resolved but I think would they just not keep the case open until they can make a decision on it? Depending on what the Ops status was before the denial he is now open for removal and his EAD if he had one is no longer valid and thus he cant work to support himself while waiting on wife to be released and then refile.

It seems to me that the OP is out of his depth on this one and needs sound legal advice from professionals something he can not get on these forums.

My spouse did not commit any of such crimes based on the prison records.Yes, my EAD is terminated. I am waiting to see if they are going to send me a Notice to appear.They mention on my deny letter that I was in legal f1 status during the filing.I hope they hold it until my spouse leave prison come august 2018

[rayb]

It sounds like the spouse is in a local jail, not a prison (there is a difference), and probably for a misdemeanor conviction. My guess is that after she is released in August 2018, the OP can attempt a re-application, since his present Adjustment procedure is likely to be denied for "abandonment" or "nonappearance of the spouse." This being the case, assistance of an experienced immigration attorney would be advisable for the second submittal of an Adjustment package.

--Ray B

well filed before my spouse went to prison

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My spouse did not commit any of such crimes based on the prison records.Yes, my EAD is terminated. I am waiting to see if they are going to send me a Notice to appear.They mention on my deny letter that I was in legal f1 status during the filing.I hope they hold it until my spouse leave prison come august 2018

[ndi]

It sounds like the spouse is in a local jail, not a prison (there is a difference), and probably for a misdemeanor conviction. My guess is that after she is released in August 2018, the OP can attempt a re-application, since his present Adjustment procedure is likely to be denied for "abandonment" or "nonappearance of the spouse." This being the case, assistance of an experienced immigration attorney would be advisable for the second submittal of an Adjustment package.

--Ray B

Adjustement is denied already.Do anybody know when to expect notice to appear from USCIS?

[rayb]

You might not get a notice from USCIS, to either appear for a hearing or to leave the country voluntarily. Your denial notice generally spells out your options, to appeal or to resubmit your petition.

Otherwise, you simply become an "overstay," subject to political whims if you come into contact with DHS or ICE enforcement agencies.

More often, after an I-485 denial, if the denial basis can be resolved, you simply resubmit your Adjustment package (for $1,225).

--Ray B

Adjustement is denied already.Do anybody know when to expect notice to appear from USCIS?

[ndi]

You might not get a notice from USCIS, to either appear for a hearing or to leave the country voluntarily. Your denial notice generally spells out your options, to appeal or to resubmit your petition.

Otherwise, you simply become an "overstay," subject to political whims if you come into contact with DHS or ICE enforcement agencies.

More often, after an I-485 denial, if the denial basis can be resolved, you simply resubmit your Adjustment package (for $1,225).

--Ray B

Can I refiled as she is still in prison?