Filing I-130 and I-485 together

[kriishu 1]

Hello!

I came to US in the beginning of November 2012 on Visa Waiver Program because my husband wanted me to meet his family.

We decided to get married on November 20 2012 and stay in United States.

So I was supposed to leave US in the end of January 2013 but I'm still here and we're planning to file I-130 and I-485 to adjust my status. We couldn't do it before because we didn't have enough money and the whole process is pretty pricey.

Now I'm worried that I might get deported if I file all the paperwork.

We have few red flags:

- My husband left United States in 2010 and has been living abroad and has not been filing taxes in United States. We probably should include an explanation letter?

- We don't have much evidence of bonafide marriage, will the pictures be enough?

- I have overstayed my Visa Waiver Program

- My husband just started working this year in May and his salary will be above poverty line, but should we include letter from the employer because he has been working such a short time?

Uhhh, Im so worried and stressed about the whole situation. Hope that someone knows the answers!

[milimelo 4,467]

Moving to AOS from work, tourist, student visa.

[seth2013 39]

Your husband will need to go back and file his taxes since 2010, there isn't any getting around that. Being stayed over on VWP shouldn't be a problem, it's generally forgiven for spouses of USCs. If at all possible, get a letter from his employer, and include paystubs that he hs received.

Pictures are fine, but hopefully you have other things like old emails, boarding passes from visiting each other, letters from family/ friends saying your relationship is legit, and any joint bills like phone bills, etc.

Edited May 8, 2013 by sethless

[kriishu 1]

Your husband will need to go back and file his taxes since 2010, there isn't any getting around that. Being stayed over on VWP shouldn't be a problem, it's generally forgiven for spouses of USCs. If at all possible, get a letter from his employer, and include paystubs that he hs received.

Pictures are fine, but hopefully you have other things like old emails, boarding passes from visiting each other, letters from family/ friends saying your relationship is legit, and any joint bills like phone bills, etc.

We don't have any boarding passes from visiting each other because we met in Spain and we were living there together, neither we have any bills together because in Spain people often rent out an apartment totally without any paperwork. We were living for half a year with my husbands' grandmother in Mississippi but now we moved to Texas and here we don't have anyone who could write a letter to prove that we have a legit relationship.

I have no idea how to solve this tax situation..

But thank you anyway

[Fingers Crossed 1]

Family can write the letter of a bona fide marriage, or friends, anyone who knows you and see you and spouse together..... 2 or 3 will work nicely..... even in this process....

As for the tax situation, he will have to show proof of why he did not file, may want to just confirm with a tax expert on this matter... and or, show proof of his employment over seas while living there.....

As for evidnece, pics, joint utility bills, life insurance on each other, making the other the beneficiary..... health insurance, a joint checking or savings account......

any cards you exchange, Christmas, Valentines day, or just because cards, emails, text messages......... letteres and or emails from family...... include copies of the envelopes..... everything you can from day 1 May want to take a bit more time to gather the given examples of evidence above.........

[seth2013 39]

Even US citizens living abroad are required to file taxes (I do taxes). You just file them like normal, or head into an H&R Block or something, I'm sure they could whip them up quickly for you.

Your husbands grandmother could probably write something up and send it to you, couldn't she? Living together with you guys sounds like great proof of legitimate marriage.

[BlueDevil 61]

As sethless pointed out above, even though your husband lived and worked abroad, he is still liable to report that income and file U.S. income tax returns. You may want to consult a tax professional on this sine there will likely be interest and penalties involved as well. Even though the affidavit will certainly help, the reality of the situation is such that that alone with photographs will probably not be sufficient to make a convincing argument of a bonafide marriage. Even if you do not have any joint documents at this point, I would highly encourage you to work towards getting joint accounts so that by the time your interview rolls around, you will have gathered sufficient documentation to pass the bonafide marriage test.

Things like joint bank accounts, joint car/health insurance, joint utility/cable accounts (if permitted by your local companies), joint gym/Sams Club memberships ... these are some common items that you could work towards. I can't stress enough when I say the more joint/comingled assets you present, the stronger will be your case.

Now is there an off chance that you get an easy IO who doesn't raise an eyebrow only seeing an affidavit and some pictures? Sure! However, the chances of that happening are fairly slim, and frankly do you really want to take that chance and be grilled about trying to prove your bonafide marriage? I know I wouldn't if there was any way I could strengthen my case.

All the best to you ...

[hmh33 117]

You'll have to sort out the tax situation before you can file for adjustment of status. However, after the taxes are done I wouldn't delay filing any further just to build up evidence of marital bona fides. You can work on building up that evidence while the case is processing, so that you can have some things to present at interview. Shouldn't be a big deal, just a joint bank account, shared insurance and lease etc.

I don't know the details of your situation and am not a tax expert, but unless he was earning >$100k/year while he was in Spain then most likely he won't actually have to PAY any extra taxes, he will just have to back-file the returns. A CPA could help or he could just do the research and file by himself. I've even heard that the IRS themselves can be helpful in some situations.

[newacct 688]

Another thing to think about is that, when you enter on Visa Waiver, you must not intend to stay here and adjust status. (Otherwise it would be visa fraud.) So when did you decide to stay? What made you decide to stay?

[hmh33 117]

Another thing to think about is that, when you enter on Visa Waiver, you must not intend to stay here and adjust status. (Otherwise it would be visa fraud.) So when did you decide to stay? What made you decide to stay?

At this point, that's really not relevant.