AOS -Criminal record and affidavit of support question:

[Dri Au Pair 4]

I`m pretty new to this whole immigration thing, once I just got married last thursday(Dec !st) and me and my husband we are very happy and we can`t wait until everything is done...

We have so many questions....

First of all, my visa (J-1) is about to expire This Dec 14th, and we dont know much what to do, so i hope someone clarify one of our questions:

1)Should I sign all my documents with my married name, once I still havent changed with SS or driver`s license and all that? Just sending the marriage Certificate is enough as a proof that I changed my name? I still have my maiden name on license of marriage and on the certificate of marriage! nobody asked us if i wanted to change, or when should i change it!

2) My husband doent make enough money to be my sponsor once he is on SSDI for the past 9 years and he also have no Tax returns because he doesn`t have to file once he has no job! He is on SSDI because he is depressed and tried to kill himself twice and some other stuff related to pain killers... My question is: Once his DAd is gonna be my sponsor, what should we do about the affidavit of support`s first question??? which is: I am the sponsor submitting this affidavit of support: should my father in law submit the whole form and mark the option I am the only joint sponsor? we are completely lost here...what should we do???

3)Another big doubt is about my my criminal records, on the form I 485, is saying: if you everr been detained or arrested for any reason, and NO charges were filled, submit and original official statement by the arresting agency or a[pplicable court order confirming that no charges were filed. now my question: A year ago i was arrested for DWI when in reality I just couldnt communicate well with the officer because of my language and was very, very nervous, then when I went to court, the judge said go home girl, your breath analyse was 0.00 and was urine test was negative for alcohol and drugs. so, should I should i go look for this statement from the court, cos my husband said I should just mark No to this question because he says this is irrelevat for the immigration. I just want them to think im lying ya know? WHAT SHOULD I DO?????

4) We just rented an apartment to live together and openned a bank account, so basically our addresses on our IDs are still different, is that a problem? and we have to wait to get a balance letter from the bank, what should we do, because we wanted to try to run and send the documentation before the 14, which is when my visa expires....

If somebody out there can answer my questions, you will make our night, once we cant think of anything else...not even in our honeymoon!!!

have a good night Ya`ll

[NancyNguyen 1,657]

You are a J-1 visa holder, so you might be subject to two-year home-country rule, you have to check your eligibility before you do the AOS. Assuming you are ok to do AOS then:

1. Use your new name on the forms, apply maiden name for OTHER NAME.

2. Your husband files one I-864 and check "I am petitioner" and explain in a cover letter why he has no income.

You father-in-law files one I-864 and check "I am only co-sponsor", and send it with I-485 along with his passport copy/ Green card copy (what is applicable) + most recent tax return/ transcript (most recent 3 years recommended)

3. The fact is you were arrested before but you were cleared so check yes and include the court order with your application. If it is irrelevant, they won't ask for.

4. You can change your driver licenses easily at your local DMV, it is not a biggie comparing to AOS. It takes months to get an interview so you have plenty time to collect your bona fide evidence.

Good luck.

Moderator please move this topic to AOS from Student/Work...

[Dri Au Pair 4]

On my passport says NOT subject for two-year home-country rule.

You said my father in law should mark one option that i cant see on the form, but there is I am the only joint sponsor: is that the option he should mark? another thing none of my husband or father in law have passports, so is there any other document they can submit like birth certificate is alright????

another thing, you said: It takes months to get an interview so you have plenty of time to collect your bona fide evidence.

I thought I should send this stuff with the documentation AND bring it again at the interview????

So just to make sure, right now i should send I-130(hubby), I- 485, affidavit of support from hubby and father in law, employement authorization, and biographic information from me and hubby. Should we send different checks for every form or we can send it all in one check????

Thank you very much Nancy!

[NancyNguyen 1,657]

On my passport says NOT subject for two-year home-country rule.

You said my father in law should mark one option that i cant see on the form, but there is I am the only joint sponsor: is that the option he should mark? another thing none of my husband or father in law have passports, so is there any other document they can submit like birth certificate is alright????

another thing, you said: It takes months to get an interview so you have plenty of time to collect your bona fide evidence.

I thought I should send this stuff with the documentation AND bring it again at the interview????

So just to make sure, right now i should send I-130(hubby), I- 485, affidavit of support from hubby and father in law, employement authorization, and biographic information from me and hubby. Should we send different checks for every form or we can send it all in one check????

Thank you very much Nancy!

Well then congrats on the J-1 2-year rule.

Oh my bad, it should be corrected as "I am only joint sponsor." If they were born in the US, then US birth certificate copy is great. If he was naturalized before then include naturalization certificate copy.

In initial I-130 package, several pictures + lease contract + affidavit from friends/relatives are examples of good evidences to establish your relationship already, you guys will have to prove your marriage later on at the interview with more bona fide evidences. I submitted 2 checks for 2 application but many said it is okay to make total in one check.

You should check the guide at http://www.visajourney.com/content/i130guide2 to make sure everything flawless. Good luck.

[NancyNguyen 1,657]

One more thing, you have to prepare your interview well because your marriage was too close to your visa expiration (within 2 weeks.) This might cause a red flag in your interview. Anyway, if your marriage is in good faith, then you don't have to worry about. Good luck.

[Krikit 1,164]

Moving from AOS From Family-Based Visas to AOS From Other Visas.

Welcome to VJ.