Proxy Application

[sunks]

Future dating is a different issue, and is unnecessary. The application can be sent in from overseas.

Jack - You missed the point. Sending application from overseas is not an issue. But if you read the thread, OP wants his wife to sign the documnets post dated, she leaves US and then he sends every thing (both applications) together from US when she is not physically present here. That is probably not correct and may not be legal. That is what probably the real issue is.

 

[Bobsmyth]

... OP wants his wife to sign the documnets post dated, she leaves US and then he sends every thing (both applications) together from US when she is not physically present here. That is probably not correct and may not be legal.

How so? There's no requirement that the applicant must be the one who actually mails in the application, let alone be in the US.

 

[Jackolantern]

How so? There's no requirement that the applicant must be the one who actually mails in the application, let alone be in the US.

But they do have a point that the post-dating is questionable. Generally when a document of legal significance is signed with a date beside the signature, the date is supposed to be the same date it was signed, unless there is an accepted practice of doing otherwise (e.g. a government official or business executive signing something on Sunday with Monday's date because that type of document has to be dated with a business day).

If the individual was out of the country on the signature date and it was mailed on or right after the signature date, an anal IO could figure out that it must have been post-dated and give trouble if they have a problem with the post-dating.

To prevent that, it could be signed and dated (with the actual date when it was signed, not post-dated) before leaving the US, and then mailed after crossing the 90-day cutoff. But then a USCIS clerk might look at the signature date and reject it for being too early.

 

[Bobsmyth]

If the individual was out of the country on the signature date and it was mailed on or right after the signature date, an anal IO could figure out that it must have been post-dated and give trouble if they have a problem with the post-dating.
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How would the IO figure out it was post dated if the application was sent out on or after the signature date on application? I doubt they correlate application date with location of applicant at the time it was sent in.