Proof of bonafide marriage for an overstay

[Kittyfang 6]

My husband and I married 2.5 years ago. We didn't know anything about immigration procedure and the info I had received from USCIS was basically "Yes, you can live in the U.S. for as long as you need and file for AoS when you are ready." With the knowledge I have now, I see that they didn't stress the urgency of it all.

For the first year and a half, we didn't put my name on anything. Naively, we thought that the marriage certificate was enough and we didn't even think of putting my name on anything. We figured we didn't need to because I'm not working. Now, we're older and wiser and are starting to put together everything we need for AoS.

For proof of joint ownership. We CAN put my name on the house deed, but it would require a refinancing. We only have a few mortgage payment left, so that option isn't really appealing (but we will do it, it that is what will make or break the case). However, we share the property (land where the house is, not the house itself) with someone and can have them write an affidavit saying how long I have been living there and the type of relationship my husband and I have. The person is a family member.

We also have a car and can add my name to it, however, I do not currently own a driver's license and am wondering how weird it will look to the IO. "Why do you have a car if you don't drive?"; beside telling them that I intend on getting driver's license as soon as I get my EAD (for the SSN), I'm not sure what else to tell them.

My name has now been added to a few bills. I also have bills in my name, medical mostly, but only since Sept. or November 2009. My name is also on a credit card (that shares the same number as his).

Last thing, our taxes are... interesting. For the first two years, my husband was advise to file as "single", since the person didn't know I could use an ITIN instead of SSN to file married. We had them redone this year to show "married filing jointly". But, the first two years will show that the taxes have been amended and the third one was "married filling jointly"

I'm not too pleased with the fact that we have so few proof first the first year and a half. We have pictures and affidavit, but we didn't really put my name on anything and I'm wondering if that might cause problems.

Thank you for your input.

[Laura & Kyle 16]

We also have a car and can add my name to it, however, I do not currently own a driver's license and am wondering how weird it will look to the IO. "Why do you have a car if you don't drive?"; beside telling them that I intend on getting driver's license as soon as I get my EAD (for the SSN), I'm not sure what else to tell them.

Even though you don't have a license yet, you can be added to his car insurance as a "non driver". We did that for my husband and it didn't cost anymore to do this and we showed it as proof as the bill and all statements came in both of our names. He even got his own card.

[Kittyfang 6]

Even though you don't have a license yet, you can be added to his car insurance as a "non driver". We did that for my husband and it didn't cost anymore to do this and we showed it as proof as the bill and all statements came in both of our names. He even got his own card.

Thank you very much for this information. Could you tell me a little bit more about Non Driver insurance? (I tried to make a search for it and couldn't really find information).

Also, after speaking with the bank, it appears that we may be able to get my name on the house deed without too much trouble. However, there would be a fee of a few hundred dollars. For some, a few hundred dollars are not much, but for us it is. So, I am wondering how big of an impact a house title with my name on it will make. I believe it would be worth the cost and it seems like it might have a bigger weight than the rest, but I would like to know what others, in this situation, think.

Thank you again.

[Danu 19]

I suppose it all depends really. I'm not on our lease because it existed before I moved. I have tons of stuff in both our names though, car/health/renters insurance, Bills (cable/internet/tv/phone), joint bank accounts. I also have a bunch of pictures from our wedding (which apparently seem to carry a bit of wieght from some of the interview experiences I have read). Getting an affidavit from people who can attest to how long you have been there and your relationship being genuine is good, it doesn't necessarily need to be from just the person who owns the same property as you. Basically they want stuff a)to show you both live at the same place (bills/mail you get at that address) b) that you are both responsible for stuff (bills again, joint accounts) and c) that you take care of each other (insurance's - car, health, dental, life etc)

[Kittyfang 6]

I suppose it all depends really. I'm not on our lease because it existed before I moved. I have tons of stuff in both our names though, car/health/renters insurance, Bills (cable/internet/tv/phone), joint bank accounts. I also have a bunch of pictures from our wedding (which apparently seem to carry a bit of wieght from some of the interview experiences I have read). Getting an affidavit from people who can attest to how long you have been there and your relationship being genuine is good, it doesn't necessarily need to be from just the person who owns the same property as you. Basically they want stuff a)to show you both live at the same place (bills/mail you get at that address) b) that you are both responsible for stuff (bills again, joint accounts) and c) that you take care of each other (insurance's - car, health, dental, life etc)

Thank you very much. Assembling so many papers and proofs gets a bit overwhelming. I'm hoping they will like the whola package

[Laura & Kyle 16]

Thank you very much for this information. Could you tell me a little bit more about Non Driver insurance? (I tried to make a search for it and couldn't really find information).

I called my car insurance company up. Because it changed my status (from single to married) it did change my insurance and I had to pay 12 dollars more a year (Are they saying i'm more likely to get into an accident because I'm no longer single???). The 12 dollars was for me, not for my husband. I said that I wanted to add his name to the policy but he was a non-driver due to him not having a driver's license. I said that he would not be driving my vehicle. Good luck!

[Kittyfang 6]

**Well here's an update. After talking about it, we're not going to refinance just to add my name to the deed. We can do that once it's paid off. Should they ask about it, we'll just tell them so. I mean, it's a pretty bad economy. Why risk our house just so my name is on it while it's not paid up...

[Kittyfang 6]

**Well here's an update. After talking about it, we're not going to refinance just to add my name to the deed. We can do that once it's paid off. Should they ask about it, we'll just tell them so. I mean, it's a pretty bad economy. Why risk our house just so my name is on it while it's not paid up...

Follow up question. When submitting the documents, is there any points in adding a letter saying that you INTEND on doing something. For example, my name will be added to the tile once the mortgage is paid, we will open a joint bank account once we get and EAD (to get an SSN), and so on and so forth.

[Danu 19]

You don't have to submit that stuff right now, thats for the interview end of it if you get one, so no, no real point to put that in there as you will be telling them all that in person.

[Kittyfang 6]

You don't have to submit that stuff right now, thats for the interview end of it if you get one, so no, no real point to put that in there as you will be telling them all that in person.

You're right. I think just because of the overstay I'm easily overwhelmed. I think everything is the end of the world.

[Danu 19]

You're right. I think just because of the overstay I'm easily overwhelmed. I think everything is the end of the world.

1 key piece of advice I have learned since the K1...breathe. Otherwise you will pass out There are seriously so many things that could potentially happen that may cause a freak out. You could get an RFE, your cases might now show up online, you might get an interview (I think all people adjusting from an I-130 do) etc etc. Just breathe and take one thing at a time and don't let anything overly stress you out, or you will go mental by the end.

Edited March 31, 2010 by Danu

[Kittyfang 6]

1 key piece of advice I have learned since the K1...breathe. Otherwise you will pass out There are seriously so many things that could potentially happen that may cause a freak out. You could get an RFE, your cases might now show up online, you might get an interview (I think all people adjusting from an I-130 do) etc etc. Just breathe and take one thing at a time and don't let anything overly stress you out, or you will go mental by the end.

Duly noted! People around me keep saying that we'll be fine and that I worry too much. Well, I guess that' my punishment for not knowing anything about overstays when I got here lol.