Too early to apply for AoS?

[bigdog 376]

Just to clarify, one of you is a US Citizen, correct? One of the posts above made it seem like both of you are here on visas.

You can file AOS as soon as you have all the paperwork together. We filed 13 days after getting married and we worked our butts off to get everything organized and in order. We also had to wait on the "official" marriage license, meaning the one that is recorded and stamped by the country clerk. I'm surprised you were able to obtain this on the same day. The petitioner will also need to complete the physical exam. Try to include any and all solid evidence that you can. Do you have documentation of your ongoing relationship prior to marriage? If so, include it. Include everything you can after marriage that shows joint assets. You can work on gathering more info to bring to your interview over the next few months, but try to send as much as possible from the get go.

:thumbs:See the guides and WIKI, be complete.

[bt1 42]

We got married last friday (yay!) and it was very romantic. I was told however that it might look suspicious if we apply for the green card just a week after the marriage.

Honestly, I feel that we have nothing to hide, as we are a "real" couple who did this marriage because we want to spend the rest of our lives together. :-) . But I want to send in the documents asap so both of us can go home over the summer and visit family and friends and get the travel documents approved - which I've heard can take up to three months!

Also, we dont have any joint bank accounts or own any car or apartment together. His name is on the lease of our apartment and Im an occupant... Our evidence is mainly photographs and such... Is that too weak?

Not too soon. We also applied 4-5 days after the wedding: they understand the urgency in needing to get work authorization!

[Bullan 0]

Thanks for all the tips.

Yes, one of us is an american citizen (the husband) and I'm on an student M-1 visa.

The problem is that we've been quite independent during the five years we've been 'going out'. We're quite young, I'm 24, and therefore, we haven't purchased any house or car together. Yet. Also, when we lived together, we just decided "Alright, you buy that, and I buy that". I have a swedish e-mail from our insurance-company though that confirms that we used to have the same insurance for a while when we lived back home. But that's in swedish, but I guess I can include that as well or ask them to translate it.

But we do have a savings account together (opened it yesterday with Chase, we wanted one anyway) so I'm going to try to get a bank-statement from them (as we're both Chase users since before, hopefully this is possible). I've also tried to get the Lease-papers where I should be listed as an occupant, even though my man is on the lease.

To prove our relationship even further, we're going to add a document with photos from our five years together, we have plenty where my family and his family are with us as well. I was also thinking of adding bills and stuff that are addressed to the both of us.

This is for the APPLICATION. For the interview, I intend to have even more stuff. Do you think this will be enough for the I-130 application?

Can the AP (travel document) be delayed if the I-130 needs more Bona Fide-proof? Or are those separate?

Edited March 19, 2013 by Bullan

[Harpa Timsah 13,258]

First thing to consider, USCIS understands that newlyweds don't have a lot of evidence of co-mingling. That is okay.

Second, since you are having a mandatory joint interview and doing a concurrent filing from within the US, they will never send you a RFE for more proof of a bona fide marriage. That will all be dealt with at the interview. It's good to send what you have now, so the IO will have a picture of you (in the figural sense), but I would not delay filing waiting for more "joint" documents. A joint bank account and some affidavits sound great.

So no, your AP will not be delayed at all for this. It could be delayed for errors in other things, like the most common error, which is anything related to the I-864.

If you fill in your timeline, you'll get better advice. Some people drive by and give advice based on their own situation, which is different that your situation. To those people's defense, your profile isn't filled in Some people just do it anyway, though.

I wouldn't be stressing about timing or bona fide marriage, for you. Just make sure your packet is completed properly and send it off

[Bullan 0]

Hey Harpa! Thanks again for your help!

I'm going to fill in my timeline as soon as we've sent away our papers. Hopefully, we can do it by the end of this week. =)

I did add some info though about us. =)

[Harpa Timsah 13,258]

Great! Go get 'em!

[Bullan 0]

Stupid quick question: Does it matter if we fill out the form with a pen or a pencil?

[Harpa Timsah 13,258]

Ooh, it is a legal document, so don't use pencil Use pen or type on the computer and print (I actually think pen is less prone to mistakes).

[Bullan 0]

I used a pencil but will fill it in with a pen and then erase the pencil... less mistakes that way. =)

[Bullan 0]

Harpa, we have another issue similar to the one we had in the other thread.

We have the tax returns papers now, and a letter from my husband's employer assuring that he's employed and all that. However, we do not have a W-2 which needs to be included - right? And my husband's boss says that a W-2 is only given out after the first year of employment. It's his first job in the U.S.

So now we have a problem. I was wondering, if we send in everything we have for now, and a note explaining why we don't have a W-2, will my travel approval be affected by the fact that our I-864 might not be approved or needs more info?

I really want to go back home this summer, I haven't seen my family in a long time and already have tickets for the 17th of june (although I can probably reschedule them if there's a wait). But I can wait for everything else, except the travel document - that's why I'm in such a hurry.

[Harpa Timsah 13,258]

A W2 is the report of earnings that comes yearly for people who are "employees." If you had a W2, then that is a part of your tax return and you must include it. But, not everyone has a W2.

So when did your husband start his job? If he started in 2012 (and he is on payroll) then he should have gotten a W2. Is he an employee or a contract worker? What did you do for your 2012 taxes?

[akihon 129]

Stupid quick question: Does it matter if we fill out the form with a pen or a pencil?

I believe the form actually says use BLACK INK.

[Bullan 0]

Harpa,

My husband began his american work in January 2013. The taxes for the year of 2012 (based on the income of 2011) were earned in Sweden but as an US citizen, he had to file these taxes late now when he's here, so we have sent the 1040 form. I don't think he has filed the taxes for the income year of 2012 yet as that's due in April, right?

I believe the form actually says use BLACK INK.

Oh dear... then we have to do everything all over again. I can't see where they say that you have to use black ink, but I don't want to risk being disqualified.

[Harpa Timsah 13,258]

Harpa,

My husband began his american work in January 2013. The taxes for the year of 2012 (based on the income of 2011) were earned in Sweden but as an US citizen, he had to file these taxes late now when he's here, so we have sent the 1040 form. I don't think he has filed the taxes for the income year of 2012 yet as that's due in April, right?

Oh dear... then we have to do everything all over again. I can't see where they say that you have to use black ink, but I don't want to risk being disqualified.

Okay, so we actually call that "2011" taxes because it was for year 2011.

So you filed 2011 taxes, and yes 2012 taxes are not due yet.

And your husband started work in 2013 in the US.

You will not have a W2.

I think blue ink is okay, but I hope you didn't use red or purple or something.

[Bullan 0]

Alright, we'll include some bank statements of his savings to make sure they don't think he's under the poverty line. Also, a separate sheet explaining why we don't have a W-2 yet.

Hope it works!