November filers

[marie09 5]

Istanbulls - Thank you - most helpful and reassuring to know!

Shani! Awww my hubby is also super laid back about the AOS thing. He is like we have a real marriage, we are not going to have any problems... Maybe they won't even give us an interview... Of course I explained to him that since I didn't enter on a K1 we are pretty much guaranteed an interview... But I hope he's right about the no problems part!

Edited December 4, 2009 by marie09

[dirtyweebesom 8]

As regards the no joint lease situation, we are in exactly the same boat. I have lived in the house we are in currently since January 2006, and my husband just moved in here after we got married (as my place is bigger, and nicer, than his old place). I asked my landlady to put him on the lease, too, and even to change my name on the lease (as it changed after we got married) but she's never got around to it. And, to be perfectly frank, I don't want to push her to sign a new lease because she made noises to the effect that she would increase the rent. Things are hard enough for us right now since I'm not working, and an increase in rent is the last thing we need!

The landlady does know that my husband has moved in, so it's her problem if she hasn't got his name on the lease. What I have done - in the hope that it will maybe cover our arses in the interview - is to send her rent cheques from our joint bank account (with both our names on it), and signed by my husband. I plan on taking a few screenshots of the cashed cheques along to the interview.

My husband's name is also on all of the bills; the address on his driver's licence is this one; he's registed with Social Security here; his cell phone bill is addressed here; his wage slips have this address etc. I am also going to add him to my cell phone plan soon, and we're buying a car together in the New Year. And, oh, as horrible as it was getting my wisdom teeth out recently, my husband applied for a sort of health care credit card thingy (I would never have been given credit because I don't have an income right now) and I'm the co-applicant. We also have a joint bank account.

Edited December 4, 2009 by dirtyweebesom

[FortLaudy 10]

Thank you dirtyweebesom, I never even thought about taking a copy of those rent checks to the interview, they're also from our joint account, so that will do hopefully, very good tip, thanks!

[dirtyweebesom 8]

I don't know if taking along a screenshot of the cashed cheques will actually prove that we live together but, hey, at the end of the day, getting somebody's name on the lease doesn't really prove that you live together either. It just means they're legally responsible for paying half of the rent.

Perhaps we should start a specific thread about people who don't have a joint lease seeing as there are now a few of us in the same situation. Maybe we could see if there are others out there who got interviewed, and approved (or, gulp, denied) with no joint lease.

[FortLaudy 10]

I found this page FULL of interview experiences, been reading it bits by bits today, and it's very informative, things that seem to jump out all the time are the major/primary evidence of "bona fide marriage" : http://www.trackitt.com/usa-discussion-for...ted-here/page/9

and then I found a great post by another VJ member :

"I had the great opportunity to have dinner with a director of the VSC Saturday evening. A sit turns out his wife is Russian, came here on a K-1 and is now an aquaintance of Alla. So we had some great conversation. Our next step will be the I-751 and he has worked in his career as an IO who conducted AOS and lifting of conditions interviews and gave me lots of good information on evidence. Here are some things he likes to see and others which are "useless" in his words

Good stuff

Joint bank accounts, joint tax returns, joint ownership of property, cars. Joint leases. Joint insurance. Named as beneficiaries on life insurance and medical insurance. Joint credit cards. Any other joining of financial interests (the theory is that if one is willing to risk your property and money the relationship is more likely valid) Government documents showing common address, drivers lisence, etc. Photos are good, kind of expected, but NOT primary evidence.

Useless or not so useful stuff

Magazine subscriptions together (WHAT??? "Yes, you would be surprised how many couples present a Sports Illustrated subscription as proof") Utilities, cards and letters from relatives, emails, chats etc. Theory? all of these can be easily faked and in themselves prove nothing. Utilities do not verify information before adding someone to an account and hey, it's the electric bill, you are going to pay the electric bill anyway. There is no financial risk involved, no commitment as in joint ownership. Affidavits from friends or family do not have a lot of weight. None of these things are BAD and in conjunction with other evidence are fine, but not enough to prove anything themselves.

This is probably not news to a lot of people, but it was good to hear it from the "horse's mouth" anyway.

Incidentally, I mentioned that we never had a question at any of our interviews and never were asked for any evidence and he said "Sometimes we can just tell. Whatever you did, whatever your body language or how you acted, the IO was immediately convinced you were legitimate" I cannot say what that was, unfortunately.

Another question I asked, actually Alla did since she did not change her name

Does it matter if the woman changes her name?: NO, not at all."

[marie09 5]

Thanks Shani, this is really helpful....

I found a great post by another VJ member :

"I had the great opportunity to have dinner with a director of the VSC Saturday evening. A sit turns out his wife is Russian, came here on a K-1 and is now an aquaintance of Alla. So we had some great conversation. Our next step will be the I-751 and he has worked in his career as an IO who conducted AOS and lifting of conditions interviews and gave me lots of good information on evidence. Here are some things he likes to see and others which are "useless" in his words

Good stuff

Joint bank accounts, joint tax returns, joint ownership of property, cars. Joint leases. Joint insurance. Named as beneficiaries on life insurance and medical insurance. Joint credit cards. Any other joining of financial interests (the theory is that if one is willing to risk your property and money the relationship is more likely valid) Government documents showing common address, drivers lisence, etc. Photos are good, kind of expected, but NOT primary evidence.

So looking at the stuff I think we're good Hubby and i have joint bank accounts - checking & savings, credit cards, hope to have a joint car before the interview and then of course joint car insurance. I just added him as my beneficiary on my life insurance... We want to get proof from his company too (a letter maybe) that i'm listed as his emergency contact. We will be filing our tax returns together too, though not sure if we will in time for the interview... as i'm hoping our interviews will be in February (since October ones are getting jnauary dates... But will at least have joint tax returns for removal of conditions...

Surprised they don't rate utilities... But their theory kindof makes sense... though I just spent half an hour on the phone on hold getting added to the cable & internet bills lol! oh well more stuff to bring to interview. Of course we have joint netflix too and a zillion photos - hoping to bring a couple of albums... One for the wedding with cards and photos the other will likely be other pics such as family outings etc... Not that they care too much about that stuff but can't hurt to have it... The more the better right? Since we don't have a joint lease....

Edited December 4, 2009 by marie09

[FortLaudy 10]

Argh, I'm sooo bored today, been on the computer all day long ... no school for me today... I guess I'm gonna go crazy from boredom when this semester ends and I can't work yet! Which brings me to a question... I know we only have probably at most another month to wait before we'll get our EAD's, but, what's the harm in finding a job now? is this really a huge big deal that can affect our AOS applications?? That's if I can even find a job in these economic times, lol, I have looked at jobs on campus but they pay peanuts that's why I haven't bothered doing that yet...

One of my best friends who went through the same process, although she entered as a visitor from England and married her husband here (whom she met while we were both flight attendants abroad) long story short... she says that I should not be worried about starting to work right now, that she worked as a babysitter and waitress as soon as they got married and filed the papers, their lawyer told them that she wasn't violating any law... her husband was in the millitary and not earning much and she wanted to contribute and also keep busy whilst being away from her family..and she never had a problem at the interview stage...

Is it really true that working while waiting for EAD (as long as you're the spouse of a USC) is generally forgiven at AOS interview as per this lawyer? What do you guys think, just suck it up and wait it out or try and find a job in the meantime? I would think that an immigrant who is employable and actually eager to find employment and ambitious should be seen as a plus to the US gov. instead of some moocher sitting at home collecting unemployment and waiting for free handouts... I can definetely see how working while waiting for the EAD card will be forgiven as a wife of a USC, especially in these economic times, but what would the concequences be of being "caught" ?

http://www.humanrightsattorney.com/sub/unlawful-presence.jsp

An individual will not be able to obtain a green card through the Adjustment of Status process (i.e., without having to leave the US and process the case at a consulate abroad) if s/he:

entered the U.S. without permission; or

entered lawfully but then overstayed the allowed time granted and is now out of valid immigration status; or

worked in the U.S. illegally (without permission from CIS), unless the person is an immediate relative of a U.S. citizen; or

is a "Transit without a Visa" holder or a holder of a Visa Waiver (WT or VT) unless an immediate relative of a U.S. citizen; or

entered the US on a K-1 fiance visa but then seeks to apply for adjustment of status on a different basis than the marriage; or

an immigrant visa number is not immediately available (applicant must have a current priority date or be an immediate relative of a U.S. citizen.

The above are the most common reasons why a person may not be eligible to apply for adjustment of status.

[IstanBulls 1]

Thanks Shani, this is very helpful

[dirtyweebesom 8]

Is it really true that working while waiting for EAD (as long as you're the spouse of a USC) is generally forgiven at AOS interview as per this lawyer? What do you guys think, just suck it up and wait it out or try and find a job in the meantime? I would think that an immigrant who is employable and actually eager to find employment and ambitious should be seen as a plus to the US gov. instead of some moocher sitting at home collecting unemployment and waiting for free handouts... I can definetely see how working while waiting for the EAD card will be forgiven as a wife of a USC, especially in these economic times, but what would the concequences be of being "caught" ?

What sort of work are you talking about? I couldn't work legally because my SS card has a a big statement right across it saying I can't work without authorization from the DHS (i.e. work permit). Of course, not everybody checks your SS card but every time I've worked they checked mine because I'm obviously not from these parts (bloody Scottish accent gives me away every time!), and I suppose they want to make sure I'm legal.

If you're talking about getting proper, taxed work before your EAD shows up, why bother? You're squeaky clean so far, so why throw a spanner in the works? Chances are they won't care about only one month of unauthorized work, but you've managed to get this far without doing that, so why do it now? Wouldn't you rather go to your interview without worrying about getting some arsehole IO who'll give you a hard time?

On the other hand, if you're just talking about "cash-in-hand" work such as babysitting, or a spot of private tutoring, I don't see what the harm would be. Of course, all the uptight people with sticks up their ####### will tell you not to do even that but, c'mon, what's the harm in it? I bet plenty of people do that. I find it hard to imagine they don't given how long we have to wait for our work permits to show up.

Edited December 4, 2009 by dirtyweebesom

[FortLaudy 10]

"Of course, all the uptight people with sticks up their ####### will tell you not to do even that but, c'mon, what's the harm in it? I bet plenty of people do that. I find it hard to imagine they don't given how long we have to wait for our work permits to show up." LMAO !!!!

Yeah I've been offered jobs by promotional modelling agencies (as an indepenant contractor getting paid cash) in the past which I've had to turn down. However now, as far as I'm concerned there really is no way we'll get denied at the interview and we're really just waiting for a formality - a card to be printed and mailed out... So I just don't see the harm in getting out there and looking for a job in the meantime and doing some freelance work (if I can actually get the jobs...) I just don't see how this could harm anyone, but you do have a good point, I have not had to work up 'till now and been following the rules to the "t", what's another month gonna matter... (my sanity perhaps, lol) Anyhow, I better get dinner started before hubby gets home, you guys are great, so cool to have some people in the same situation to talk to and compare stories with and get advice from ! Thanks !

[dirtyweebesom 8]

I honestly don't see the harm in doing a little cash-in-hand work. Sure, if you were making thousands per week "under the table", that would be risky, but what's the big deal in babysitting a couple of times a week? It wouldn't be enough to live on, but it would take the pressure off a wee bit maybe, and get you out of the house so you don't spend too much time on visajourney! Even if you were a USC you could do that and legally not declare it, as long as you didn't make too much money at it. Can't you legally make $3000 -$4000 without having to pay taxes on it?

[marie09 5]

Hey you guys...

I used to work in HR and for any HR office, doing their jobs correctly we don't satisfy the I-9 employment eligibility at this time... We would need either an EAD or green card or still have a work visa or have a DL and soc sec card not saying only valid for work with...

That being said I know on the grapevine of a girl who got married to a US citizen and worked constantly while waiting... I guess she found a small business that either didn't fill in all the forms/ or didn't care... No sitting round the house waiting for an EAD in her case... But I dunno if she's had her interview yet so no idea if it affected her...

I guess cash in hand is a very different situation... Maybe babysitting etc...

In my case I don't know of any cash in hand opportunities or feel lucky enough to chance anything - i'm going away for the holidays and a lot of the employment in my area is resorts that would expect you to work the holidays... according to my VJ timeline my EAD is expected between Dec 24th and Jan 4th... So should be all set to start work in the new year.

I have been looking at job sites though, working on my resume and looking at whose hiring so when I do get that EAD e-mail I can apply right away... Also the company I worked for the last 3 winters have said they can find me some part time hours too - once i have my EAD...

[dirtyweebesom 8]

That being said I know on the grapevine of a girl who got married to a US citizen and worked constantly while waiting... I guess she found a small business that either didn't fill in all the forms/ or didn't care... No sitting round the house waiting for an EAD in her case... But I dunno if she's had her interview yet so no idea if it affected her...

I doubt it would. How would USCIS ever find out if she got paid under the table? I guess the worst that could happen is that her workplace might get busted by the authorities looking for illegal workers, and she might get caught that way, but unless they employ loads of illegals I can't imagine that would happen. And she's hardly likely to volunteer that information in her interview!

Then again, maybe one of those "right-thinking", "send-all-those-illegals-home" visajourney members will grass her up to the authorities. They're always threatening to do stuff like that in those moronic anti illegal immigration threads they have on here.

[marie09 5]

That being said I know on the grapevine of a girl who got married to a US citizen and worked constantly while waiting... I guess she found a small business that either didn't fill in all the forms/ or didn't care... No sitting round the house waiting for an EAD in her case... But I dunno if she's had her interview yet so no idea if it affected her...

I doubt it would. How would USCIS ever find out if she got paid under the table? I guess the worst that could happen is that her workplace might get busted by the authorities looking for illegal workers, and she might get caught that way, but unless they employ loads of illegals I can't imagine that would happen. And she's hardly likely to volunteer that information in her interview!

Then again, maybe one of those "right-thinking", "send-all-those-illegals-home" visajourney members will grass her up to the authorities. They're always threatening to do stuff like that in those moronic anti illegal immigration threads they have on here.

i believe word on the street she got actual pay checks... She also has a less than legit marriage, so i'm sure the working thing is the least of her concerns! And I only know this through a friend of a friend type gossip... I don't know the full facts! Lucky for her though she never had to sit at home all day on VJ waiting for the EAD!

Not my business or place to judge... Just wouldn't personally take the risk - I am not that lucky!

Edited December 5, 2009 by marie09

[dirtyweebesom 8]

Not my business or place to judge... Just wouldn't personally take the risk - I am not that lucky!

Yeah, me neither. I'd have been caught before I even got to the altar if I'd tried the fake marriage route!

I wonder if many people are successful at pulling a marriage fraud scam? A Mexican woman I know (who is here legally) was telling me about a French friend of hers who tried to do that, but who got busted. Apparently, the IO was suspicious that she and her "husband" were "too cuddly" and affectionate in the interview. I could never pull it off, personally. I mean, I'm nervous about the interview already, and our marriage is legit!

I also wonder if they were less stringent years ago when interviewing "green card through marriage" candidates. A new acquaintance of mine told me that he got married on a whim to a South African lesbian years ago who then ran off to California as soon as the marriage was over. He never heard from her again! (and they're technically still married, too!). It didn't seem that this "couple" had to go through as much to prove their marriage was bona fide. It seemed like she just asked him to marry her, paid for his rent and bills etc for a few months, and then pissed off!

Edited December 5, 2009 by dirtyweebesom