1 million questions with my Fiance from France

[Jon&Lindsey 0]

Hi,

here we go some other doubt which came up in my mind when filling other forms :

I-130

-First informations part : the adress for me ( foreign person) will be my french adress or should I put the adress of my bryan living in usa ?

---> I put the address in the USA where I was living with J when we submitted the forms

-"21. If filing for your husband/wife, give last address at which you lived together."? we lived in budapest, hungary both as student at the same apartment for a year should be put that or should be write also the adress of bryan house in usa now ? I don't know if me coming as a visitor count as living here ?

---> Hmmm...we hadn't actually lived together before, so just put the same USA address. To me, I would just put the USA address since this is the last (as in most recent) place you are living together. Maybe someone else with more experience will clarify? I would think that by now you are obviously no longer just visiting so it would count as living together, but I'm not completely sure.

-"Your relative is in the United States and will apply for adjustment of status to that of a lawful permanent resident at the USCIS office :"

here I'm confused between the USCIS office and center , so is the office the one in chicago and just the P.O box is changing depending of the state your are living , or the USCIS office is the specific one of the area like it would be vermont for people from NH ?

---> We put the name of the local field office where we would have the biometrics etc (we looked at the field office map on the uscis site and guessed at the nearest one), but from what I have read here this question is a throw-back to when you really did apply to the office nearest you and not just Chicago regardless of where you live.

did you give several proofs of "evidence that bona fides of your marriage" ? we can have people who make affidavit and we still have the lease of the apartment in budapest but we were living with two others roomates so I don't know if it's efficient ! and we weren't married yet at this time !

---> Can you get any more recent proof? Can you get added to the lease/utility bills/whatever for where your husband lives now? How about a joint bank account? (we managed to get one at bank of america just after our marriage, before I had an SSN etc, you'll just be put down as a 'foreign resident' until you get your GC/SSN and can get that changed) If I were you I would try to get proof since your marriage, to show it is genuine and not just for the GC. We submitted a copy of the joint apartment lease and paid them with a check from the joint account. By the time you have an interview, you'll have time to get more evidence and can take the Budapest lease and affidavits to that too.

G-325A

-Should I fill as occupation that I was a student because that looks weird that I don't have employment , but I was a student until here and even still now ( I took this year off).

---> Just be as honest as possible. Were you still enrolled in classes during your year off? How about homemaker? Unemployed? There's no requirement to be employed, just be honest and don't worry what they will think

-"This form is submitted in connection with an application for ":

Should I tick Status as permanent resident or I-130 petition ?

---> We put status as a permanent resident.

and last one hurray .....!!!!!!!

I-864 Affidavit of support

-Bryan's parents are making the I-864A to help as support to meet the requirements incomes, we have to proof that they live at the same residence : what would you suggere as proofs ? on the driver licence, on the income tax papers ?

---> Sounds good to me, tax returns will definitely show the same address. I'm not really familiar with the I-864A requirements though, anyone else?

- Bryan just have icome tax for 2008 for his job he still have now , not 2007 because he was just student , should we write a letter to attach and explain the situation ?

---> It wouldn't hurt, would also show that his lack of income that year was because he was studying and so will not be repeated and his income potential will be increased in the future = good for being able to support you.

so bryan parents are filing the I-864A form ....again another paper

and we stopped on a line where bryan's parents and us are not agree on how to understand on sentence so maybe you could give your opinion:

first here is the link to the form: http://www.uscis.gov/files/form/I-864A.pdf

so part 2 Sponsor's Promise where they ask "indicate number" ..do you understand how many person or a number as the A-number to give at this spot?

---> Well, you are the only 'intended immigrant' so I would write 'one' in the gap in the paragraph of text and then your name, date of birth and 'none' for the SSN/A number (alien number) columns. I don't see what else you could write since you don't have an A number or any idea what it could be, so to me that is the only sensible solution and number of immigrants is important when they assess the income required

ok I think after that I will be all set and I hope I will

thanks in advance for the one who will take time to answer to these questions

Mélanie

Hope that helps.... my answers are based on what we wrote, and we had a very simple process with no RFE's or hold-ups, so I assume we did ok on the forms! LIke I said, I'm not terribly familiar with the I-864A so hopefully someone else will clarify, but my answers are what I would do in your situation. If no one else can help, you might consider re-posting specific co-sponsor questions in the general AOS forum, since that gets more traffic and the answers for that form will not be different for applicants on different entry visas.

[B&M 0]

Thanks again !!!! I'm filling up everything now and hope the medical appointment will be ok on monday ...

Thanks again guys , we really appreciated ..

I hope I won't have 10 other questions coming

see ya

mel

[Jon&Lindsey 0]

You're welcome, good luck!

[B&M 0]

Hi Lindsey ( I guess it's you who answered everytime)...

for the "evidence that bona fides of your marriage" do you think we should send it directly with the all package or wait to see if they ask us or bring them only to the interview ?

we just don't want to seem to offensive lol

What do you think about that ? My question is open to everyone's opinion

Thanks

mel

[Jon&Lindsey 0]

Yes, I am Lindsey! I would send evidence, since your husband is submitting the I-130 petition for alien relative for you as his spouse, and the instructions for the I-130 ask that you submit evidence to prove that this relationship is bona fide, so you do need evidence that you have a bona fide marriage. You will need more proof at the interview, but I would send some now since it is asked for in the instructions. People adjusting from a K1 do not have to do this since they are not filing the I-130 with the I-485, which is maybe why the guides are confusing you. We just sent our joint apartment lease and wrote the checks from the joint bank account, then brought affidavits, photos etc to the interview.

Edited April 29, 2009 by Jon&Lindsey

[B&M 0]

Hi Lindsey,

As you came under a VWP too, did you send an evidence that you didn't came in the purpose to get married ?

I really didn't but the only real evidence that I can send is my flight which was just before my 90 days expiration. I didn't plan big things when I was coming back , I just ask my aunt for a job but by email , should I copy it and send it with ?

I have the paper for the university here which show that I was going to go back and get a student visa !

What did you actually sent ? and with which document did you attach it (I-130 petition ?)

Thanks again and again

Mélanie

[B&M 0]

Also, I was reading this form: http://www.uscis.gov/files/form/i-485instr.pdf

and it says (number 10)

You are not eligible for AOS If your authorized stay ended before you filed this application

Well her authorized stay ends today, and we still have to go to the civil surgeon and wont be able to send who whole packet until later this week... what should we do?! Do they hold you to this, cause it seems like quite a few have you have gone into overstay... but have any of you submitted the form after your authorized stay was finished? Thanks so much for the quick replies!

-B&M

[c&z 0]

Also, I was reading this form: http://www.uscis.gov/files/form/i-485instr.pdf

and it says (number 10)

You are not eligible for AOS If your authorized stay ended before you filed this application

Well her authorized stay ends today, and we still have to go to the civil surgeon and wont be able to send who whole packet until later this week... what should we do?! Do they hold you to this, cause it seems like quite a few have you have gone into overstay... but have any of you submitted the form after your authorized stay was finished? Thanks so much for the quick replies!

-B&M

You can send in the packet without the medical so you get it filed before her 90 days are up and expect to receive an RFE for the I-693. This is what I did as I couldn't get an appointment before my I-94W expired. The RFE didn't seem to delay my application any (I had the I-693 ready to send off once I received the RFE) and it's better to be safe in any case.

[B&M 0]

ughhh, well yesterday was our last day (thought it was today)... so should we send the package right now, or will it not matter now and we should just finish it and send it all at once, as always, your guys' responses are MUCH appreciated

[Jon&Lindsey 0]

If you are past the I-94 date anyway, I'd wait the extra couple of days for the medical, since it seems like an RFE later on would slow the case down by more than that. It's not like you're anywhere near the number of out of status days necessary for a ban, so if it's a difference like sending it 2 days after the I-94 date w/o medical and 5 with medical, I'd wait for the medical to have everything together. We didn't manage to send off the AOS until I'd overstayed nearly 5 months and it was fine, I know it says that in the instructions but experience on VJ is that it is ok and some people even file years after being out of status. Even many K1 people do not file until after the dates on their I-94s, which presumably means their authorized stay has expired (unless there are different rules for them, though they are still technically out of status after that date without AOS). Obviously things could change, but I do not believe that anyone has had a problem with this so far.

Oh, and to answer your earlier question (sorry!), we didn't send any proof that I intended to go back - it isn't asked for in any of the instructions and we just saved it for the interview, but even then we weren't asked. I would definitely make sure you take good proof though, just in case!