what if the petitioner can't submit the application

[devoted72 1]

Hy all, need some help. I already have an immigration attorney, but my husband says that 6 thousand bucks are too much and we can try to apply ourselves.. anyways..

My husband is currently incarcerated and i am living in Europe, our attorney should apply for a cr1 while i wait from abroad for the approval. My question is this: May i apply online on my husband's behalf? With all the documents already signed by him? My sponsor is my mother in law. In addition , given i only saw the file for the application and my husband will fill them and i will copy everything online, could you tell me if i have to attach all the bona fide proofs immediately , with the application or if is this something to be done later , when you receive your case number etc? Any help would be appreciated.

[Crazy Cat 41,899]

The US citizen must submit supporting documentation to prove the relationship when the I-130 is submitted.  Please see this guide:

IR1 / CR1 Spouse Visa Step-by-Step Guide on Filing an I-130 for a US Spouse Visa - US Immigration & Visa Guides - VisaJourney

[pushbrk 12,906]

To be very clear, it does not matter who takes a stack of signed forms and supporting documentation (That's what gets filed.) to the Post Office,  DHL or FedEx office or where they are when the do it.  Yes, the package can be filed online.  For filing online, to avoid fraud, the online signature should be done by the petitioner, from an internet connected device.

 

So going to the post or hitting the submit button, can be done by anyone from anywhere.  

[Family 4,010]

On 8/23/2022 at 11:23 PM, devoted72 said:

My husband is currently incarcerated and i am living in Europe, our attorney should apply for a cr1 while i wait from abroad for the approval. My question is this: May i apply online on my husband's behalf? With all the documents already signed by him? My sponsor is my mother in law. In addition , given i only saw the file for the application and my husband will fill them and i will copy everything online, could you tell me if i have to attach all the bona fide proofs immediately , with the application or if is this something to be done later , when you receive your case number etc? Any help would be appreciated.

In your particular case , it is best to do a paper filing …plus any delay between initial filing can be denied without the benefit of RFE .

Once the initial filing is sent by mail, you can create a USCIS account online and follow case or respond to any future RFEs online. He also try setting up his on account and I am sure you can both share passwords/ access. 

 

you will need to submit a LOT of initial evidence, not only related to the bonafides but extensive records of husbands convictions..evidence of rehabilitation. Expect an RFE for more of /anything you missed and respond addressing each point raised( don’t be afraid of RFEs!)

 

Spend time to do  a Cover Page and Exhibit List of what you are including.

 

The I-130 signature of your husband can be a scanned copy . 

 

Go visit as often as possible…that will be of great value .

[pushbrk 12,906]

15 minutes ago, Family said:

In your particular case , it is best to do a paper filing …plus any delay between initial filing can be denied without the benefit of RFE .

Once the initial filing is sent by mail, you can create a USCIS account online and follow case or respond to any future RFEs online. He also try setting up his on account and I am sure you can both share passwords/ access. 

 

you will need to submit a LOT of initial evidence, not only related to the bonafides but extensive records of husbands convictions..evidence of rehabilitation. Expect an RFE for more of /anything you missed and respond addressing each point raised( don’t be afraid of RFEs!)

 

Spend time to do  a Cover Page and Exhibit List of what you are including.

 

The I-130 signature of your husband can be a scanned copy . 

 

Go visit as often as possible…that will be of great value .

In a spouse visa case, why do you think they need to submit his criminal records? There's no indication this is about a sex crime against a child.

I agree, that relationship evidence must be handled very carefully and completely.

[Family 4,010]

15 minutes ago, pushbrk said:

a spouse visa case, why do you think they need to submit his criminal records? There's no indication this is about a sex crime against a child.

I agree, that relationship evidence must be handled very carefully and completely

Because they will need to review everything from charging docs to sentencing …to establish exactly what you argue…rehabilitation is also important to sway any discretionary pitfalls .

 

[pushbrk 12,906]

1 minute ago, Family said:

Because they will need to review everything from charging docs to sentencing …to establish exactly what you argue…rehabilitation is also important to sway any discretionary pitfalls .

 

Why, unless it's AWA related?  

[Family 4,010]

1 minute ago, pushbrk said:

3 minutes ago, Family said:

Because they will need to review everything from charging docs to sentencing …to establish exactly what you argue…rehabilitation is also important to sway any discretionary pitfalls .

 

Why, unless it's AWA related?  

Because that is how you prove IT IS NOT, by submitting records..you don’t go in w barebones submission saying ,  “IT AIN’T AWA go  and get your own records….” and expect and approval..

 

[pushbrk 12,906]

14 minutes ago, Family said:

Because that is how you prove IT IS NOT, by submitting records..you don’t go in w barebones submission saying ,  “IT AIN’T AWA go  and get your own records….” and expect and approval..

 

You COULD do that, but there are no questions in the petition process about the petitioner's criminal records.  USCIS will do a check.  If they see AWA, then the petition will not be approved. Otherwise, the US Citizen's criminal records are not relevant.  Relationship bona fides and sponsorship are the elephants in this particular room, IMO.