Starting AOS process, May have some Red Flags :(

[jdh 103]

In regards to your living arrangements, do not worry too much: try and obtain some affidavits from family, neighbors or people who work in the building management office, etc. stating that you have been living at address X since date Y. That would help. Once you get your EAD, go to DMV and obtain a picture ID. That would be another solid proof of living at address X.

Also, mail received at that address especially in both names can help.

[Peter_Pan 661]

I think this person was just speaking of down the road, to which the answer is no.

Having a joint bank account doesn't effect either persons individual credit. Also joint credit cards are typically not truly joint - generally th contract fine print still shows that the original/primary card holder is the one inevitably reponsible for the debt. In other words collection agencies could not try to collect from the second card holder. Definitely look at fine print on things before you agree to them.

What may affect the credit of both persons is having bills in both names and not paying them, not sure on that. Moral of that story - pay your bills and it won't be an issue.

Thank you both.

[Reyan 56]

Check this out if you want to know the difference between authorized vs joint holder on credit cards.

http://www.creditcards.com/credit-card-news/sandberg-authorized-user-joint-account-holder-1377.php

[Myopia 93]

How did you pass a background check without a social security number for your lease?

They usually want social security numbers.

[jdh 103]

How did you pass a background check without a social security number for your lease?

They usually want social security numbers.

Not ours..they just wanted my wife's - she was the one applying with the money. I just had to sign as living here.

Inevitably one person is responsible for rent - that's the one they care about.

[Rebecca Jo 1,962]

I think you will find it much easier to gather evidence of a bonafide marriage (which is way more important than those areas you thought were red flags) of you cut the secrecy and get things in the open with his family.

That may be a question that comes up in your interview as well, sometimes they ask about the in-laws...have you even met them?

That seems more of a red flag than anything else...you can't get on his lease and all his bills are paid by his mom so you can't get on any of those...or his insurance....

Just advice but I would suggest finding a new complex that doesn't have ridiculous rules so you can be on the lease and come out to his family...the right moment never comes to say, "hey mom, had a secret wedding! Surprise!"

Moving so you can be on a lease to establish co-mingling of assets is a bit extreme IMO.

Mom who is paying the bills not knowing? Way. Bigger. Issue.

I can recall our AO asking for photos. We had our wedding album. He wanted to know who put the album together. He wanted to know who the people were in the photos. He smiled at the pictures of my grandmother.

OP, fix your family situation. Otherwise, your marriage smells a little like marriage for hire.

[Rebecca Jo 1,962]

I wouldn't worry about the mom thing too much, some families are just not close and I'm sure they see that every day. My husband hasn't met my parents after nearly 2 years of marriage because I don't talk to them. It's not a big deal.

As for documents of his, if he needs his birth certificate or something he is perfectly capable of ordering his own copy like a big boy. He doesn't need his mother for that,

There is a difference between not interacting with family and family being completely unaware of the marriage.

[Rebecca Jo 1,962]

Cover letter about education levels, career potential, etc. is meaningless. It won't get you any "points" toward meeting the I-864 affidavit of support requirements. As self employed person, he needs to have an income on line 22 of his most recent form 1040 tax return (2011) that meets the income requirement. If not, he will need a joint sponsor. These I-864 FAQ's may be helpful to you >>> http://travel.state.gov/visa/immigrants/info/info_3183.html

And as a self employed person he will need to show his last three years taxes, not just the most current year.

It will be up to the AO if they decide to disregard the previous years of low earnings.

[Puckoon 0]

I don't see any issues that can't be overcome.

Overstay is overlooked for the spouse of a us citizen.

Hi jdh,

Can I ask you to elaborate on this comment? In what cases, or on what basis is overstay overlooked for the spouse of a US citizen?

[jdh 103]

Hi jdh,

Can I ask you to elaborate on this comment? In what cases, or on what basis is overstay overlooked for the spouse of a US citizen?

In all cases of a spouse to a US citizen.

My understanding of it is that the basis is that the family tie (positive) carries a much heavier weight than the overstay (negative) and as such the field guide directs that it cannot be the basis of a denial.

If the petition is approved it will become irrelevant because the applicant is a permanent resident, if it is denied the overstay will still be an issue.

Edited May 8, 2012 by jdh

[Mike Z 8]

In all cases of a spouse to a US citizen.

My understanding of it is that the basis is that the family tie (positive) carries a much heavier weight than the overstay (negative) and as such the field guide directs that it cannot be the basis of a denial.

If the petition is approved it will become irrelevant because the applicant is a permanent resident, if it is denied the overstay will still be an issue.

just a small add-on. (probably not relevant to your question as you ask about overstay)

obviously an "overstay" implies you were legally admitted in the first place ie under some kind of a visa or vwp - and be able to show this.

(special rules apply to canadians as they may not get stamps at border. no other nationality i am aware of that has this though)

[Rebecca Jo 1,962]

In all cases of a spouse to a US citizen.

My understanding of it is that the basis is that the family tie (positive) carries a much heavier weight than the overstay (negative) and as such the field guide directs that it cannot be the basis of a denial.

If the petition is approved it will become irrelevant because the applicant is a permanent resident, if it is denied the overstay will still be an issue.

A field guide is something the Audubon Society uses.

What you are referring to is the Field Adjudicator's Manual (FAM).

BUT....that's not where your "rule" is at. It's actually in the Immigration and Nationality Act, specifically Act 245, back-referencing to section 201(b) for the definition of an "immediate relative". I don't believe the code actually makes any reference to family ties carrying a "heavier weight" than overstay. It merely says immediate relatives are exempt from this bar.

http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-7406.html

[jdh 103]

A field guide is something the Audubon Society uses.

What you are referring to is the Field Adjudicator's Manual (FAM).

BUT....that's not where your "rule" is at. It's actually in the Immigration and Nationality Act, specifically Act 245, back-referencing to section 201(b) for the definition of an "immediate relative". I don't believe the code actually makes any reference to family ties carrying a "heavier weight" than overstay. It merely says immediate relatives are exempt from this bar.

http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-7406.html

Pish tosh. Field manual/field guide...whatever. You know what I meant and that I've used the official title before. . Don't pick on me.

My bad, I thought it was under the whole discretionary info in the manual...I am pretty sure it is referenced somewhere in there though.

Most of the Acts and Mandates in the field manual come from other places - it is just a compilation of information structured in a way to provide guidance to employees.

Edited May 9, 2012 by jdh

[Rebecca Jo 1,962]

Pish tosh. Field manual/field guide...whatever. You know what I meant and that I've used the official title before. . Don't pick on me.

My bad, I thought it was under the whole discretionary info in the manual...I am pretty sure it is referenced somewhere in there though.

Most of the Acts and Mandates in the field manual come from other places - it is just a compilation of information structured in a way to provide guidance to employees.

Not picking on you at all.

Just sharing information with you as others shared it with me.

Go forth, be helpful, and be accurate!

Edited May 9, 2012 by Rebecca Jo

[Harpa Timsah 13,258]

I'd like to add overstay is forgiven/irrelevant for immediate relatives of US Citizens who adjust in-country. It is not forgiven for aliens who have overstayed and left the country, and now have a ban. A waiver is required for that.