disastrous

[kape_at_pandesal 0]

hi guys, i just want to seek for advice...does anyone here knows if it is possible for my American in-laws to file for my petition instead of my husband. the thing is my husband was supposed to move in here with me in my country once he'd be able to sell his stuffs in the US, but because of the economic crisis the US is facing right now...its taking a long time to find some buyer...until one day he got into trouble and got arrested for assault defending his property. so this means, that it will take longer than expected for him to be able to move in with me...i got no other choice but to be the one to move to US...whew! in order for the to happen, he must file for my papers while being in jail? or his parents could file on his behalf? please help me want i need to do...i need to be with my husband during this difficult time...

thank you...

[jbhypno 0]

I might be wrong about this but I don't think he can sponsor someone from jail even by using a lawyer and I know his parents can't sponsor you because you are not their immediate relative. I think your only hope would be to file for a humanitarian visa however I don't think there is much hope of approval. Have his parents contact a lawyer. It is your best hope.

[reeses16 8]

Your in-laws can not petition (file paperwork) for you to come to the US. It must be your husband. But your inlaws can be your co-sponsor, later on in the process near the interview stage, if you need him to.

From what I've read its the non-US citizen's criminal record that USCIS is concerned with. But I'm not sure how the details of your situation would play out.

-Best of luck

[kape_at_pandesal 0]

Your in-laws can not petition (file paperwork) for you to come to the US. It must be your husband. But your inlaws can be your co-sponsor, later on in the process near the interview stage, if you need him to.

From what I've read its the non-US citizen's criminal record that USCIS is concerned with. But I'm not sure how the details of your situation would play out.

-Best of luck

i have a very limited option or maybe none at all

[hotairguy 0]

If they are married, I can't think of a reason why he still cannot file the petition with his parent co-sponsoring to meet the financial end. Not sure if I have heard of anyone doing this but can't see any legal reason why he can't.

[Ling Ling 22]

I agree with Hotairguy.

The basis for filing a family based petition are that you are a USC or LPR, and have a valid relationship to the beneficiary.

The basis for a approval of a visa are the ability to support the beneficiary, that the beneficiary is not a villain per se, that the beneficiary passes the medical, and that a bona-fide relationship to the petitioner exists.

The only problem I see is when the petition is reviewed and they do a criminal check on the petitioner. Violent crimes are scrutinized...but if he has not been adjudicated,

in theory he is presumed innocent. We really don't have enough information than to do more than make educated guesses....but I see no reason why the process can't begin. I've heard of people being ordained, getting advanced degrees, and getting married while incarcerated. I can't say that I completely agree with such, but knowing how

flawed our judicial system is, I believe the pursuit of some liberties are still warranted regardless of adjudication.

Please keep VJ informed, so that others may benefit from your experience.

Good luck.

[cantwait2long 0]

I agree with Hotairguy.

The basis for filing a family based petition are that you are a USC or LPR, and have a valid relationship to the beneficiary.

The basis for a approval of a visa are the ability to support the beneficiary, that the beneficiary is not a villain per se, that the beneficiary passes the medical, and that a bona-fide relationship to the petitioner exists.

The only problem I see is when the petition is reviewed and they do a criminal check on the petitioner. Violent crimes are scrutinized...but if he has not been adjudicated,

in theory he is presumed innocent. We really don't have enough information than to do more than make educated guesses....but I see no reason why the process can't begin. I've heard of people being ordained, getting advanced degrees, and getting married while incarcerated. I can't say that I completely agree with such, but knowing how

flawed our judicial system is, I believe the pursuit of some liberties are still warranted regardless of adjudication.

Please keep VJ informed, so that others may benefit from your experience.

Good luck.

Absolutly in agreement with Ling Ling.

USC can file petition for a spouse even from jail.

[kape_at_pandesal 0]

I agree with Hotairguy.

The basis for filing a family based petition are that you are a USC or LPR, and have a valid relationship to the beneficiary.

The basis for a approval of a visa are the ability to support the beneficiary, that the beneficiary is not a villain per se, that the beneficiary passes the medical, and that a bona-fide relationship to the petitioner exists.

The only problem I see is when the petition is reviewed and they do a criminal check on the petitioner. Violent crimes are scrutinized...but if he has not been adjudicated,

in theory he is presumed innocent. We really don't have enough information than to do more than make educated guesses....but I see no reason why the process can't begin. I've heard of people being ordained, getting advanced degrees, and getting married while incarcerated. I can't say that I completely agree with such, but knowing how

flawed our judicial system is, I believe the pursuit of some liberties are still warranted regardless of adjudication.

Please keep VJ informed, so that others may benefit from your experience.

Good luck.

thank you guys!

update: his mom will mail the application... which address exactly should she send it? if the place of jurisdiction is ID?

USCIS

P.O. Box 804625

Chicago, IL 60680-4107

OR

USCIS Lockbox

Attn: SAI-130

131 South Dearborn – 3rd Floor

Chicago, IL 60603-5517

[kape_at_pandesal 0]

I agree with Hotairguy.

The basis for filing a family based petition are that you are a USC or LPR, and have a valid relationship to the beneficiary.

The basis for a approval of a visa are the ability to support the beneficiary, that the beneficiary is not a villain per se, that the beneficiary passes the medical, and that a bona-fide relationship to the petitioner exists.

The only problem I see is when the petition is reviewed and they do a criminal check on the petitioner. Violent crimes are scrutinized...but if he has not been adjudicated,

in theory he is presumed innocent. We really don't have enough information than to do more than make educated guesses....but I see no reason why the process can't begin. I've heard of people being ordained, getting advanced degrees, and getting married while incarcerated. I can't say that I completely agree with such, but knowing how

flawed our judicial system is, I believe the pursuit of some liberties are still warranted regardless of adjudication.

Please keep VJ informed, so that others may benefit from your experience.

Good luck.

thank you guys!

update: his mom will mail the application... which address exactly should she send it? if the place of jurisdiction is ID?

USCIS

P.O. Box 804625

Chicago, IL 60680-4107

OR

USCIS Lockbox

Attn: SAI-130

131 South Dearborn – 3rd Floor

Chicago, IL 60603-5517

what is the difference between

USCIS

P.O. Box 804625

Chicago, IL 60680-4107

and

USCIS Lockbox

Attn: SAI-130

131 South Dearborn – 3rd Floor

Chicago, IL 60603-5517

[Todd-Leah 0]

thank you guys!

update: his mom will mail the application... which address exactly should she send it? if the place of jurisdiction is ID?

USCIS

P.O. Box 804625

Chicago, IL 60680-4107

OR

USCIS Lockbox

Attn: SAI-130

131 South Dearborn – 3rd Floor

Chicago, IL 60603-5517

Petitioners who reside in AK, AZ, CA, CO, Guam, HI, ID, IL, IN, IA, KS, MI, MN, MS, MT, NE, NV, ND, OH, OR, SD, UT, WA, WI, or WY must file their stand-alone Form I-130s with the Lockbox using the following address:

USCIS

P.O. Box 804625

Chicago, IL 60680-4107

and

Any U.S. resident petitioner submitting a completed I-130 by courier/express delivery, should use the following address:

USCIS Lockbox

Attn: SAI-130

131 South Dearborn – 3rd Floor

Chicago, IL 60603-5517

I hope you understand that your mother in law cannot "apply" for you.

Your husband needs to sign the I-130 and G325A forms in order to file a petition for you, your mother in law can help to mail them and later be the co-sponsor.

Leah

[kape_at_pandesal 0]

yep...she has all the papers signed by my husband...she'll help my husband in mailing stuffs to the USCIS...my in-laws will also co-sponsor our application...thanks for the reply...i need to assists my mother in law with the steps in filing because she's new to this and she has other things to take care of...i wanted to help her make this whole paperwork easier.

[kape_at_pandesal 0]

okay guys just an update...my husband is already out and my mother in law was the one who mailed our papers to Chicago Lockbox...i hope we'll get NOA2 soon...i hope the papers wont take long to process since we are almost 2 years married...

is it true than when you are 2 years married you have sure chance of getting approved?

[Beautiful_years 0]

About a sure chance well, i think you should but wont say yes cos i dont know for certainty.

But about getting your 10years green card with conditions lifted instead of getting a 2yr conditional greencard i know for sure!

Congratulations and i'm glad he is out, here's to hoping the whole process moves smoothly.

All the best and please update us as you go...

Edited November 9, 2008 by Beautiful_years

[Frenchwife 1]

Glad to hear your husband is out.

I don't see your timeline updated.

have you already the NOA1?

do you have your case number for checking on line?

Has he changed address for the USCIS?

if filed in September

Indiana corresponds to California Center

not sure when you can get NOA2, March the latest I would say.

[kape_at_pandesal 0]

Glad to hear your husband is out.

I don't see your timeline updated.

have you already the NOA1?

do you have your case number for checking on line?

Has he changed address for the USCIS?

if filed in September

Indiana corresponds to California Center

not sure when you can get NOA2, March the latest I would say.

yes i already have WACXXXXXXXXXX

he didnt change address...i hope i'd get approved sooner, but if not i hope my husband would be allowed to travel.