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HELP My Husband will be in Jail on date scheduled for our interview.What can I do?

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  • HELP My Husband will be in Jail on date scheduled for our interview.What can I do?

    Hello all, I've been following this thread for a while and it has helped me so much, so please I'll appreciate if you can do the same for a friend.

    She is married to a U.S citizen and adjusting. They are young and broke, especially since she couldn't work. In March, her husband told her he had been arrested and just 2weeks ago let her know he won't be out of Jail until February. The only problem is she just recieve her interview letter for July. What can she do?

    Keep in Mind she just received her EAD card so they were unable to open a joint account while he was out. They just got a lease, at the place she already stays jointly, but he was just moved in, so hasn't received a letter at the house yet. They have pics, and he on her family plan. She does have a lawyer but I'm not sure he has experience with a situation like this.

    Pls Help

  • #2
    Originally posted by tayo View Post
    Hello all, I've been following this thread for a while and it has helped me so much, so please I'll appreciate if you can do the same for a friend.

    She is married to a U.S citizen and adjusting. They are young and broke, especially since she couldn't work. In March, her husband told her he had been arrested and just 2weeks ago let her know he won't be out of Jail until February. The only problem is she just recieve her interview letter for July. What can she do?

    Keep in Mind she just received her EAD card so they were unable to open a joint account while he was out. They just got a lease, at the place she already stays jointly, but he was just moved in, so hasn't received a letter at the house yet. They have pics, and he on her family plan. She does have a lawyer but I'm not sure he has experience with a situation like this.

    Pls Help
    Honestly the best thing for her to do is contact a legal attorney and after getting advice from the attorney, contact USCIS and let them know what is going on and what options she has. chances are they'll say she will have to reschedule her interview to another time when he is not in jail, but this also could possibly affect her chances of getting her Green card depending on what he's in for. I wish your friend the best. but definitely tell her to consult an attorney and then USCIS.
    This is strictly an opinion and should not be misconstrued as legal advice. The use of this information is strictly at your own risk.

    -Krypton9591

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    • #3
      He told her in March that he'll be out in February? March of when, 2017? What status are u adjusting from?
      Filed I-130, I130A, I-485, I-765
      Priority Date: 01/22/2018
      Date Received NOA Letters: 02/02/2018
      Courtesy Letter for i693: 02/20/2018
      Biometrics Done: 02/21/2018
      Interview(rec' approval letter): 05/31/2018
      EAD card in production: 06/02/2018
      EAD card in hand: 06/07/2018
      SSN card in hand: 06/09/2018
      GC approval/production notifications: 07/08/2018
      Card mailed notification: 07/09/2018
      I130 & I485 approval letters received: 07/09/2018
      GC in hand: 07/11/2018

      Comment


      • #4
        Originally posted by kaylip View Post
        He told her in March that he'll be out in February? March of when, 2017? What status are u adjusting from?
        Yeah, March of 2019. She's adjusting from an F1 visa using 1-485.

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        • #5
          Originally posted by tayo View Post
          Yeah, March of 2019. She's adjusting from an F1 visa using 1-485.
          Well at the end of the day her lawyer knows immigration laws. Even if the lawyer doesn't have experience in some situations, he/she still knows the laws and will apply it to her situation.
          They are young and broke, he's been locked up since March & wouldn't be out until April of next year. Therefore he has no income to sponsor her, how is she surviving? USCIS will ask her that. She's also lacking evidence of bonafide marriage. They will want to know why he was locked up and where. Is he really locked up or did he run away from his matrimonial home?
          Her case can go south easily but if they interviewed by a nice officer he/she may hold her case for review(check her husband's criminal footprint to establish if he really is incarcerated, visit their apartment to see if his things are there to know if the cohabitate).
          You just never know.
          Filed I-130, I130A, I-485, I-765
          Priority Date: 01/22/2018
          Date Received NOA Letters: 02/02/2018
          Courtesy Letter for i693: 02/20/2018
          Biometrics Done: 02/21/2018
          Interview(rec' approval letter): 05/31/2018
          EAD card in production: 06/02/2018
          EAD card in hand: 06/07/2018
          SSN card in hand: 06/09/2018
          GC approval/production notifications: 07/08/2018
          Card mailed notification: 07/09/2018
          I130 & I485 approval letters received: 07/09/2018
          GC in hand: 07/11/2018

          Comment

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