What do VJ think of our case ??

[christera22 8]

Hi VJ ers,

Here`s my story.I have effectively asked all senior members here thru PMs to advice on our case but some members like Kathryn and kezwolf adviced us to post it in public forum to get more views and help.Thanks to them...we decided to do so.

To let you know in a brief Got this site name from one of my friends and joined .I am the US citizen and my husband is a foreigner. Though we have a 22 years age difference but we are made for each other.......we fit each other so well..........We met in a match site and dated online for about 18 months. Though he got here for a second visit so that we can show a good tie with each other before doing K1 thru a b1/b2 visa. He is the artist for my book and designer of few projects which we are doing together.He made the graphics and we were introducing the book in some fairs and I invitewd him to visit some fairs and meet my publisher.So he came in a B1/B2 visa and went back after 2 months, though he had a 3 months visa. This time as we were finalizing the book cover and doing some other design stuff for my dvds .WE also wanted to file for K1 while he is here and wd show a greater tie between us.

He is here for 3 months now and we decided recently that we will marry and file AOS as was told by one of my friends.We soon learnt from this kind friend of mine that we can do something called AOS without him to go back and i joined this site. We wd apply for AOS very soon.

Now my question is :

a) How do you feel about the total case scenario ?

We wd be providing the following evidences :

i) Joint bank accounts ( Cheking & savings)

ii) Joint membership of YMCA & Hollywood videos.

iii) Some Chat & Emails from the time we met.

iv)Joint pics with several people from his last and present visit.

v) Marriage ring bills and all other small & big bills as cinema ticket, several things bought for each other while being here, greetinmgs cards sent to him from me and from my friends etc etc.

vi) Recommendation from my daughter , friends, my tenant about us and that we are living together and the relationship is bonafide.

vii)He wd be showing his things that he is bringing from his homeland e.g House Transferred to his name , Bank accounts there, Life insurance thats still continuing and health insurances there that he is still paying, Copy of electricity bill that he pays there , his fixed diposits there, his return e air ticket.

Is this okkk ???

c) what evidence you suggest to show that he intended to return home after US visit.We are showing that his perents are sending him the major papers through courier now and that he has his return E-ticket after few months( though his return ticket is for august, as he intended to stay for 5 months but POE gave him 3 months)

d) His I-94 expired on 14th June,08 and we are still assembling things for AOS. Hope this wont cause any bad effect !

e) As i said earlier we wd show joint bank accounts as evidence.Now there are 2 of them.One of them was created last time of his visit to keep his money safe.The last one was created just after our marrige.So do they suspect anything based on when the account was open ? and so shd we show only the present account?

This is a summary :

*He entered with B1/B2 in Sep,07 and went back in Nov,07 though he had visa till dec.

* He entered with B1/B2 on March,08 for a 2nd visit as strong proofs for K1 and helping me in some fairs and dvds .

* He had 1 yr Multientry from his consulate and his return ticket is for Aug,2008...but POE gave him I-94 expiring on June 14th,08.

* We decided to marry on 20th May ( approx )

* We bought our marriage certificate on 2nd June,08

* We got married on 9th June,08

Alll advices and answers wd be heartily appreciated.

Thanks

Christera

Edited July 12, 2008 by christera22

[EstebanTrabajos 7]

a) How do you feel about the total case scenario ?

The scenario looks ok, as long as his first intention was to visit not to stay and he can prove it w/supporting documentation back home. For example; bank accounts, a job, a rental agreement, etc. In case this marriage was in the spur of the moment, you will be fine.

We wd be providing the following evidences :

i) Joint bank accounts ( Cheking & savings)

ii) Joint membership of YMCA & Hollywood videos.

iii) Some Chat & Emails from the time we met.

iv)Joint pics with several people from his last and present visit.

v) Marriage ring bills and all other small & big bills as cinema ticket, several things bought for each other while being here, greetinmgs cards sent to him from me and from my friends etc etc.

vi) Recommendation from my daughter , friends, my tenant about us and that we are living together and the relationship is bonafide.

vii)He wd be showing his things that he is bringing from his homeland e.g House Transferred to his name , Bank accounts there, Life insurance thats still continuing and health insurances there that he is still paying, Copy of electricity bill that he pays there , his fixed diposits there, his return e air ticket.

Remember just make sure that all this documentation does not have a date prior to his arrival bc this will raise a flag concerning his intentions on staying for good instead of just visiting his girlfriend. The last documentation sounds great, shows he intended to go back

Is this okkk ???

Yeap

c) what evidence you suggest to show that he intended to return home after US visit.We are showing that his perents are sending him the major papers through courier now and that he has his return E-ticket after few months( though his return ticket is for august, as he intended to stay for 5 months but POE gave him 3 months)

You just mentioned it before, if he is still paying health insurance, e-ticket, utility bills even though he is already here etc. Also anything else that can prove he intended to go to his homeland after this visit, but so far your documentation seems pretty assuring.

d) His I-94 expired on 14th June,08 and we are still assembling things for AOS. Hope this wont cause any bad effect !

That'll be alright as long as you married before his I-94 expired, and even if you didn't, I've heard many stories that by marrying a US citizen, USCIS has forgiven or hasn't even paid attention to that fact.

e) As i said earlier we wd show joint bank accounts as evidence.Now there are 2 of them.One of them was created last time of his visit to keep his money safe.The last one was created just after our marrige.So do they suspect anything based on when the account was open ? and so shd we show only the present account?

Well, remember that this may raise a flag because you opened an account before actually getting married and even before the last time he came and decided to stay, it is really hard to prove that it was becuse "you wanted to keep it safe" and not to prepare for his arrival w/his B1/B2. This may show he had, even if he didn't, the intention to stay not to visit. I would say to keep the current account only, the one opened after you got married.

This is a summary :

*He entered with B1/B2 in Sep,07 and went back in Nov,07 though he had visa till dec.

* He entered with B1/B2 on March,08 for a 2nd visit as strong proofs for K1 and helping me in some fairs and dvds .

* He had 1 yr Multientry from his consulate and his return ticket is for Aug,2008...but POE gave him I-94 expiring on June 14th,08.

* We decided to marry on 20th May ( approx )

* We bought our marriage certificate on 2nd June,08

* We got married on 9th June,08

[Singers 0]

Ok. Usually I'm a great supportor of people adjusting from visitors' visas legally. I wouldn't be so confident in your case only because: You keep mentioning in preparation for K-1. For me that is crossing into some serious gray area. If your documentation is pre-dated (meaning before he got here) you are going to be in for some scrutiny. You are already going to draw attention from the age gap.

Tread carefully.

Edited July 13, 2008 by Singers

[christera22 8]

Hmmm.what do you mean by " If your documentation is pre-dated " ...what documentation ?? no 2 age difference i dnt think is any red flag as other members in VJ has stated, so long there was no intent of immigration & marriage.ANd whats the harm in a sudden decision change when we were going to do K1 ??

[Singers 0]

Nothing is wrong with suddenly changing your mind. Like I said, I normally support AOS from visitors visas. I was in that exact situation of changing our minds. (AOS from VWP.)

What I am saying is:

1. Age is not grounds for denying your case but yes, they will look at you a little closer. People on this site (and other sites) have had that experience. Especially with countries that have high fraud.

2. If it looks like you were PREPARING to immigrate (which if you set up a bank account in advance, got your weddings rings in advance, added his name to the accounts in advance etc. it does look like that.) you will have problems.

Most of the time there isn't a problem but I do not want to give the 100% thumbs up and then have you be completely blindsided at an interview. I err on the side of caution. These are the things that I see as a possible problem with your case. I'm not advising you NOT to submit your paperwork. I'm just saying think about these things.

[*JG* 2]

I see a few problems with some of the documentation that seems to have been prepared before his last visit.

The age difference I don't think matters.

If I were you, I would seriously think about hiring a compentant immigration attorney on this one.

[christera22 8]

I see a few problems with some of the documentation that seems to have been prepared before his last visit.

The age difference I don't think matters.

If I were you, I would seriously think about hiring a compentant immigration attorney on this one.

TO SINGERS : Nope ..........the marriage rings were not bought earlier( were bought just before marriage), the a/c was created as he was carrying lot of money and wanted to keep it safe.That was created in his last visit and he went back in that visit after 2 months.His name was included in myy account after our marriage, this time.Moreover we were planning to do K1 so thought that wd be a good proof.His country doesnt have any fraud history.

TO JOMO`S GIRL : what do u mean by "I see a few problems with some of the documentation that seems to have been prepared before his last visit. "

Thanks !

Edited July 14, 2008 by christera22

[Singers 0]

I thought he is from India? Did I read that wrong?

[christera22 8]

he is from india

[Cécy 44]

If he was visiting for work before and opened a bank account for himself, considering he had a work permit (unless I read wrong) I don't see why that would be a problem. If I was living and working in the US, even temporarily I would have opened a bank account. Now it's different if you opened a joint bank account before you decided to get married though, that show some form of intent.

Take the time to read those guides:

http://www.visajourney.com/forums/index.ph...page=i130guide2

Here are the things you need to provide.

Note: Evidence of a Bonifide Marriage

The USCIS now requires that when filing an I-130 for a spouse that you include evidence of a bonifide marriage. They list examples of acceptable evidence as:

1. Documentation showing joint ownership or property; or

2. A lease showing joint tenancy of a common residence; or

3. Documentation showing co-mingling of financial resources; or

4. Birth certificate(s) of child(ren) born to you, the petitioner, and your spouse together; or

5. 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, date and place of birth of the person making the affidavit, his or her relationship to the petitioner of beneficiary, if any, and complete information and details explaining how the person acquired his or her knowledge of your marriage); or

6. Any other relevant documentation to establish that there is an ongoing marital union.

I wouldn't worry about the email chats, or even about all the proof that he didn't come here to stay, those elements should be brought at the interview, I'm not sure it's relevant for the AOS application until you see the immigration officer face to face.

My personal opinion is: for the application itself you want to keep things simple: provided the most relevant information and keep the small details for the interview.

A copy of a lease where he is added as a co-tenant would be a good proof for example. The letters from family and friends and landlord are good.

Pictures with the two of you and others and the names and ties to who is who on the back is good.

Here is what I think

i) Joint bank accounts ( Cheking & savings) With application and at interview

ii) Joint membership of YMCA & Hollywood videos. With application and at interview

iii) Some Chat & Emails from the time we met. At interview

iv)Joint pics with several people from his last and present visit. With application and at interview

v) Marriage ring bills With application and at interview

and all other small & big bills as cinema ticket, several things bought for each other while being here, Not relevant unless your names are on it

greetinmgs cards sent to him from me and from my friends etc etc. With application and at interview

vi) Recommendation from my daughter , friends, my tenant about us and that we are living together and the relationship is bonafide. With application and at interview

vii)He wd be showing his things that he is bringing from his homeland e.g House Transferred to his name , Bank accounts there, Life insurance thats still continuing and health insurances there that he is still paying, Copy of electricity bill that he pays there , his fixed diposits there, his return e air ticket. At interview unless you are listing him on the I-864 and that you need his financial assets to reach the poverty limit.

If you want you could also write a letter explaining your story, how you met, etc. That's up to you though.

What USCIS wants to see in the AOS application is that you are a bona fide couple, the rest you can show at the interview if they ask questions about it.

I didn't send any proof that I was going to go back home. All I had was my return ticket and that's it. I never received a RFE regarding that, they don't ask for it in any of the forms. It could be asked at the interview, but it's fairly rare. If it's good to be prepared in case they ask for things, you don't want to give more than what they ask for, because that's pretty much creating problems for yourself. If they ask you send, if they don't you keep things.

The only issue is that it seems he came here so you could prepare for a K1 visa, and that means you had intent to get married and apply for AOS. In such cases it is usually advised to go home and apply for AOS as planned, or to apply for a K3 if already married. It's up to you to take the risk.

The advice is: talk to an immigration attorney and see what they say about your case.

Edited July 14, 2008 by Cécy

[christera22 8]

Now the cheking bank account was created 1st time he came in fall,2007.That time we had two fold perpose was

i) Meeting each other in person after online dating for 18 months.

ii) He had made my graphics for my book online and thus we needed some clarification regarding print issues..he attended some fairs and conferences with me where we announced the upcoming book and changed some graphics issue that the publisher had raised.So the banka ccount was created also with the perpose of transferring money to him if necessary.

So he came in a B1/B2 visa for 3 months visa but went back after 2 months as the work was done....but we didnt close the a/c and kept 2/3 $ in it for keeping it alive as we thought he may have to come again and it wd be helpful for him to encash and keep his money safe.

Now Yes we were originally we were planning for K1 but the visits were purely based on the graphics and the book. So this time we didnt plan to file K1 while he is here, but we did several projects together. But at the last moment about 20th May we were informed by a friend of doing AOS here and we researched and joinedthis forum & then decided to do this .So as u can see the main perpose was not to marry.

So do you suggets we shdnt say the K1 thing as it might raise red flag ?

[christera22 8]

so isnt there anyone who did succed as the same scenario as us ?

[Singers 0]

Nobody is going to tell you to omit the K-1 info because:

1. Lying to an officer is NEVER a good idea. Chances are you are going to be nervous and slip up. Plus after all these years they are pretty good at telling when people are lying. (or being economical with the truth)

2. If you were preparing for the K-1 and did have the intention of getting married this would be (basically) telling/helping you commit visa fraud. That is NEVER condoned on this site.

So in a nutshell, I would not lie or deny your plans with the K-1.

To answer your other question: We succeed in adjusting from VWP with a K-3 already filed and pending an interview. Our situation changed dramatically (personal), we told the officer what happened, he understood and that was that. BUT, he did say that it was the first time he had this situation in th 17 years he was working there and needed his supervisors approval before we got our stamp. So yes, people have adjusted with crazier situations than yours.

[christera22 8]

hmmmmm.................... thats a good reply ............ I never wanted to lie ...just asked for advice about whats the best thing to say.Thanks really .... I am iming u !!

Edited July 14, 2008 by christera22

[christera22 8]

and We never had the intention to marry ......... we were planning to do K1 but yes he came here the 1st and 2nd time for my graphics projects and visitng fairs & publisher..............getting married was decision almost towards the end of I-94.