We changed our minds!!

[kattaway 1]

Brief background. We met in 2011 when I was vacationing in the Turks and Caicos Islands. After a few visits back and forth, we decided to marry in Dec 2012 in Haiti where he is originally from but May, we changed our minds!! We eloped and had a beach wedding on May 26th. At the time we planned for him to go back as originally planned (in 3 days..July 1st) so I have been working on gathering as much evidence/proof/copies, etc. since before he came because we knew once we married in December, I would immediately file.... but at this point we really do not want to be apart! It breaks my heart to know he could be gone in as little as 72 hours!!!!!

His original plan was to visit me in March (he arrived March 2nd) and attend my sons high school graduation with me in Texas. He had taken some time off work, a leave of absence so we can spend real time together (not a week here and there). I had 2 weeks vacation already planned for my trip to Texas May 27th so that's why we decided to go ahead and elope and then go to Texas for the graduation. MY thought was, he was here already, I had the time off and honestly, I couldn't wait to marry him!! HIS thought was, he just wanted to make me happy lol

So is it possible for us to AOS? I never really gave it real consideration before but now that the time for him to leave is upon us, I am really wondering if it is a feasible option. He is even more scared than I am. He hates the idea of being here in the US with an expired I94 (Sept 1 exp date) - We have almost everything needed to submit the 130 and 485. We have photos, birthday cards, phone, text, skype records from our times apart, boarding passes from previous visits, our boarding passes of the trip together in Texas, photos of him and my sons together in Texas (in college), him with my family, mom, brother, friends, nephews, etc. I basically have been collecting everything so I can file right away in December but if we were to AOS, we just need him to do a medical exam and have his birth certificate translated - that's really all we need!

What I do NOT have is anything together like a lease, utility/phone bills, bank account, insurances, credit cards, etc, nothing like that because 1) we just married a month ago and 2) he does not live here so there was no reason to add him to anything yet. Would that be a problem???

So any thoughts, opinions or advice? I appreciate anything anyone can advise on our situation....

[Kazulie 132]

He can stay and you guys can file the I-130 and I-485 ASAP. You'll probably get an RFE for more proof but you'll have 5 months (most likely) to get him added to everything. But he can't leave Until the entire process is over if he overstays.

Or he can go home and you can send in the I-130 for him. You would still get the RFE and have to add him to everything while waiting for that RFE.

Good luck and congratulations!

Edited June 28, 2012 by Kazulie

[Kazulie 132]

Oh, and you didn't mention a police clearance. He's also going to need that for everywhere he's lived since 16 years old. You should check the laws for every country he's lived in. Some won't do business through the mail and in that case he would have to have someone go everywhere to pick it up and then mail them to you.

[kattaway 1]

Oh, and you didn't mention a police clearance. He's also going to need that for everywhere he's lived since 16 years old. You should check the laws for every country he's lived in. Some won't do business through the mail and in that case he would have to have someone go everywhere to pick it up and then mail them to you.

Oh, I didnt read (I guess I missed it) about having police clearance when I was reading the guides/checklist. He hasn't ever been arrested and the only places he's lived has been Haiti and TCI (Turks and Caicos Islands) - I will check into that though!!! Thanks for mentioning it.

Also, about the evidence. Can I start adding him to things, like my lease, credit card, insurance, etc? I thought one had to have a SSN to be added to things which he does not have. Any ideas? Or should we wait?

[Kazulie 132]

You'll get different answers from everyone on this. Some will say you need a social to be added to everything, some will say they added their loved ones to bank accounts, insurance, etc. before their loved one even stepped foot in this country.

I would make a list of everything you want to add him to and then go down the list and call everyone and note what they say. All they can do is add him or tell you to wait. No hurt in asking!

[ceadsearc 516]

He doesn't need a police clearance for AOS unless he has a criminal record. It's a different process than the CR-1 and K-1.

Yes, he can file for AOS. He can't leave until he receives AP, though, so if he has loose ends they'll have to wait. Follow the guide here for concurrent filing of I-130 and I-485. You have to include some evidence of a bonafide relationship with your packet, not everything. You are very unlikely to receive an RFE for more evidence unless you include nothing at all because you will have a joint interview you will both be required to attend and you will bring all of your evidence then.

[Anh map 2,098]

Brief background. We met in 2011 when I was vacationing in the Turks and Caicos Islands. After a few visits back and forth, we decided to marry in Dec 2012 in Haiti where he is originally from but May, we changed our minds!! We eloped and had a beach wedding on May 26th. At the time we planned for him to go back as originally planned (in 3 days..July 1st) so I have been working on gathering as much evidence/proof/copies, etc. since before he came because we knew once we married in December, I would immediately file.... but at this point we really do not want to be apart! It breaks my heart to know he could be gone in as little as 72 hours!!!!!

His original plan was to visit me in March (he arrived March 2nd) and attend my sons high school graduation with me in Texas. He had taken some time off work, a leave of absence so we can spend real time together (not a week here and there). I had 2 weeks vacation already planned for my trip to Texas May 27th so that's why we decided to go ahead and elope and then go to Texas for the graduation. MY thought was, he was here already, I had the time off and honestly, I couldn't wait to marry him!! HIS thought was, he just wanted to make me happy lol

So is it possible for us to AOS? I never really gave it real consideration before but now that the time for him to leave is upon us, I am really wondering if it is a feasible option. He is even more scared than I am. He hates the idea of being here in the US with an expired I94 (Sept 1 exp date) - We have almost everything needed to submit the 130 and 485. We have photos, birthday cards, phone, text, skype records from our times apart, boarding passes from previous visits, our boarding passes of the trip together in Texas, photos of him and my sons together in Texas (in college), him with my family, mom, brother, friends, nephews, etc. I basically have been collecting everything so I can file right away in December but if we were to AOS, we just need him to do a medical exam and have his birth certificate translated - that's really all we need!

What I do NOT have is anything together like a lease, utility/phone bills, bank account, insurances, credit cards, etc, nothing like that because 1) we just married a month ago and 2) he does not live here so there was no reason to add him to anything yet. Would that be a problem???

So any thoughts, opinions or advice? I appreciate anything anyone can advise on our situation....

Newly married international couples do not have most of the "household" proof. Remember that the suggested evidence is for a broad range of couples.

It all boils down to showing the development of your relationship so that the interviewing/adjudicating officer sees a real relationship, not just something done to facilitate a visa. From what you state it sounds like you can show how things have progressed from initial "spark" in TCI to present.

Use the guides, double check you submission, then pop it in the mail. The adventure begins!