I130 while incarcerated

[Jamila ak 1]

Hello group, I appreciate all your feedback, and excuse me for the confusion,  my wording in the question in both threads caused confusion, I am the wife asking , my husband is the expat, he is planning on going back to clear up his warrant and we were looking for the best possible solution,  that's why I applied for a visa so I can visit while he is away I'd need be, but the visa as you know was refused , being an expat and an i130 would need for him to prove domicile in the states which is very difficult, leaving the option going back and clearing everything up. Hope that's clear if anything else I'm here, thanks again guys 

[millefleur 5,047]

45 minutes ago, Jamila ak said:

being an expat and an i130 would need for him to prove domicile in the states which is very difficult, leaving the option going back and clearing everything up.

What country are you from and is that also where you are both living now?

[pushbrk 13,174]

1 hour ago, Jamila ak said:

Hello group, I appreciate all your feedback, and excuse me for the confusion,  my wording in the question in both threads caused confusion, I am the wife asking , my husband is the expat, he is planning on going back to clear up his warrant and we were looking for the best possible solution,  that's why I applied for a visa so I can visit while he is away I'd need be, but the visa as you know was refused , being an expat and an i130 would need for him to prove domicile in the states which is very difficult, leaving the option going back and clearing everything up. Hope that's clear if anything else I'm here, thanks again guys 

So, your husband is a US Citizen living outside the US?  He would return to the US and face his charges?

 

With that plan, domicile is not an issue.  He would be domiciled in a prison in the USA.  Depending on the country where you are living though, domicile many not really be a difficult issue, but he would then be facing his charges AFTER you come to the USA.  You seem to be having difficulty clearly expressing the circumstances and your ideas.  Is your husband's skill in English better than yours? If so, please ask HIM to participate. Any process for your immigration must start with action by him anyway.

[Jamila ak 1]

2 hours ago, millefleur said:

What country are you from and is that also where you are both living now?

I am from Lebanon and yes we are both living in Lebanon

[Jamila ak 1]

2 hours ago, pushbrk said:

So, your husband is a US Citizen living outside the US?  He would return to the US and face his charges?

 

With that plan, domicile is not an issue.  He would be domiciled in a prison in the USA.  Depending on the country where you are living though, domicile many not really be a difficult issue, but he would then be facing his charges AFTER you come to the USA.  You seem to be having difficulty clearly expressing the circumstances and your ideas.  Is your husband's skill in English better than yours? If so, please ask HIM to participate. Any process for your immigration must start with action by him anyway.

Yes my husband is a us citizen, we are both living in Lebanon, and he will be going to clear his charges which are DUI related (not a big issue) .

 

Regarding my mention of domicile, it was referring if he applied an i130 while still residing here , basically with a warrant still outstanding.which probably isn't an option. But to be clear our goal now is to move to the states . We have been married and living in Lebanon for 7 years . We weren't planning on moving to the states at first. 

 

Thanks again group.

[pushbrk 13,174]

1 hour ago, Jamila ak said:

Yes my husband is a us citizen, we are both living in Lebanon, and he will be going to clear his charges which are DUI related (not a big issue) .

 

Regarding my mention of domicile, it was referring if he applied an i130 while still residing here , basically with a warrant still outstanding.which probably isn't an option. But to be clear our goal now is to move to the states . We have been married and living in Lebanon for 7 years . We weren't planning on moving to the states at first. 

 

Thanks again group.

There is no reason for him to delay filing the petition.  Domicile is not an issue at petition stage.  It comes up at the same time as the financial sponsorship issue does, AFTER the petition is approved.

[Redro 4,612]

3 hours ago, Jamila ak said:

Yes my husband is a us citizen, we are both living in Lebanon, and he will be going to clear his charges which are DUI related (not a big issue) .

 

Regarding my mention of domicile, it was referring if he applied an i130 while still residing here , basically with a warrant still outstanding.which probably isn't an option. But to be clear our goal now is to move to the states . We have been married and living in Lebanon for 7 years . We weren't planning on moving to the states at first. 

 

Thanks again group.

All you need to file a petition is proof of US citizenship, proof of marriage, proof of bonafide relationship (birth certificates of your children and proof of cohabitation in Lebanon should suffice). You will fill out the  I-130 and I-130a and pay the fee. You can do this online or send your documents to a lockbox. 

Domicile is only looked at during the NVC stage. 

Has the US citizen spouse filed US taxes the past 7 years? 

Edited December 14, 2021 by Kor2USA

[Jamila ak 1]

1 hour ago, Kor2USA said:

All you need to file a petition is proof of US citizenship, proof of marriage, proof of bonafide relationship (birth certificates of your children and proof of cohabitation in Lebanon should suffice). You will fill out the  I-130 and I-130a and pay the fee. You can do this online or send your documents to a lockbox. 

Domicile is only looked at during the NVC stage. 

Has the US citizen spouse filed US taxes the past 7 years? 

Having children doesn't suffice bona fide marriage? We have to have proof we live together? Its my husbands house in his name . The only this we share is a car in both our names . 

Thanks much 💖

2 hours ago, pushbrk said:

There is no reason for him to delay filing the petition.  Domicile is not an issue at petition stage.  It comes up at the same time as the financial sponsorship issue does, AFTER the petition is approved.

You're great help thanks for riding along 

[Redro 4,612]

2 minutes ago, Jamila ak said:

Having children doesn't suffice bona fide marriage? We have to have proof we live together? Its my husbands house in his name . The only this we share is a car in both our names . 

Thanks much 💖

You're great help thanks for riding along 

In your previous post you said you had two children together and you've mentioned you both live in Lebanon...

I've attached the instructions for filing an I-130. 

Read over the "Checklist of Required Initial Evidence" 

https://www.uscis.gov/i-130 (These are the suggestions they provide for proving a real relationship/ marriage- most people like to provide more than one type of proof).

• Evidence of the bona fides of the marriage, if petitioning for a spouse:
  • Documentation showing joint ownership of property;
  • A lease showing joint tenancy of a common residence, meaning you both live at the same address together;
  • Documentation showing that you and your spouse have combined your financial resources;
  • Birth certificates of children born to you and your spouse together;
  • Affidavits sworn to or affirmed by third parties having personal knowledge of the bona fides of the marital relationship. Each affidavit must contain the full name and address of the person making the affidavit; date and place of birth of the person making the affidavit; and complete information and details explaining how the person acquired their knowledge of your marriage; and
  •  Any other relevant documentation to establish that there is an ongoing marital union.
• Proof of legal name change (if applicable); and 
• Two passport-style photographs (if applicable).

 

[Rocio0010 5,671]

5 minutes ago, Kor2USA said:

• Documentation showing that you and your spouse have combined your financial resources;
•  

This. USC should have filed taxes even if outside the US. Joint tax returns, joint bank accounts, joint assets are always good evidence of financial comingling. Having children, per se, is not.

[Rocio0010 5,671]

20 minutes ago, Jamila ak said:

Having children doesn't suffice bona fide marriage?

No. It only proves you're fertile.

 

20 minutes ago, Jamila ak said:

We have to have proof we live together?

Yes.

20 minutes ago, Jamila ak said:

The only this we share is a car in both our names . 

Utility bills? Health/ life insurance?

[Nat&Amy 623]

2 hours ago, ra0010 said:

No. It only proves you're fertile.

 

Yes.

Utility bills? Health/ life insurance?

I think it might be a good time to retire the argument that kids "only prove people had sex". If that was the case, birth certificates of children would not be listed in immigration forms as acceptable evidence of relationship. 

 

So, yes, OP, you can and should obviously present the birth certificates, but one kind of evidence alone is hardly ever enough. Try to gather as many documents as you can that show you share a life together on social and financial aspects: joint health insurance, leases or mortgages, joint bank accounts, wills, utility bills, etc. If you don't have some of those it is not the end of the world, but don't rely on your kids' birth certificates alone if you want your case to be solid.

[iwannaplay54 985]

13 hours ago, Jamila ak said:

Hello group, I appreciate all your feedback, and excuse me for the confusion,  my wording in the question in both threads caused confusion, I am the wife asking , my husband is the expat, he is planning on going back to clear up his warrant and we were looking for the best possible solution,  that's why I applied for a visa so I can visit while he is away I'd need be, but the visa as you know was refused , being an expat and an i130 would need for him to prove domicile in the states which is very difficult, leaving the option going back and clearing everything up. Hope that's clear if anything else I'm here, thanks again guys 

Domicile is not the requirement, “intent to establish domicile” is what is needed and that is fairly easy to demonstrate.

The question of whether an I130 can be filed - the answer yes is correct.  The support affidavit is a hurdle but it appears you folks have overcome that.

 

Good luck to both of you, hope this works out

[iwannaplay54 985]

2 hours ago, Nat&Amy said:

I think it might be a good time to retire the argument that kids "only prove people had sex". If that was the case, birth certificates of children would not be listed in immigration forms as acceptable evidence of relationship. 

 

So, yes, OP, you can and should obviously present the birth certificates, but one kind of evidence alone is hardly ever enough. Try to gather as many documents as you can that show you share a life together on social and financial aspects: joint health insurance, leases or mortgages, joint bank accounts, wills, utility bills, etc. If you don't have some of those it is not the end of the world, but don't rely on your kids' birth certificates alone if you want your case to be solid.

Many couples have little more than a marriage certificate, proof of travel, and photos on an initial I-130

Marriage/birth certificates and proof of sharing a residence abroad will likely suffice.  

[millefleur 5,047]

**Three derailing posts removed. Please stick to the topic of helping OP figure out what they need.**

 

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