Hip-Hip-Hooray! We're About To File...

[Snag 57]

The forms are completed and signed. The packet is just waiting to be assembled. The earth has had a dent put in it from a lot of paper being printed, and we're so excited about filing the Adjustment of Status packet (excitedly nervous... But let's be optimists!).

My husband and I just have a few questions before we commit our package into the USCIS' hands.

1. My husband is pretty new to his field (he's thirty - a late bloomer). In 2010 and 2011, his total income was well below the poverty line (earning about $120 a week), as he was a college student. Now, however, he is such a hard worker, and his 2012 tax was fine. He's well above poverty level, and can support his wifey (cough future babies, too cough ). With the i-864 (Affidavit for Support - for those who are like me and are still getting the hang of all the form codes), will this be a cause for concern? His profession is always needed, in some degree.
2. Proof of our marriage being bona fide. We really are scratching our heads here. Luckily, I got placed on his bank account about two weeks prior to our wedding. But, we are currently renting, and I couldn't share joint residency (listed as an occupancy) due to my lack of S.S number. Bummer. We've thought to include wedding photos, proof of our ongoing relationship from back in the K1 visa process (we never lodged it, but we were signatures away in doing so - I never had the intent to marry him when I arrived on my B2, and yes, that is legal). Anything else?
3. Does a "homemaker" count as a profession? Ha. My husband wanted a stay at home wife, and I was more than happy to fulfill that (please, no feminism debates or what not )

If I have more, I might come back to this! Thank you all so much.

[Harpa Timsah 13,258]

1. Generally current income is what counts. Make sure he includes proof of current income, either 6 months of paystubs or a letter from his employer.

2. Include what you have. Joint bank account sounds good. You'll most likely be able to get a SSN before your interview and you can work on getting more things then.

3. Sure.

[tashired 18]

Hey Snag,

Your excitement is shining through ur post, congrats on being ready to make the first big step in the aos journey:)

To answer ur ???

1) I think they're mainly concerned with the most recent tax year (if the situation was reversed and he made great income in the previous years and low income in 2012, then u'd probably need a co-sponsor)

2) USCIS is aware that newlyweds, especially if the immigrant has no ssn, might not have a lot of evidence of financial co-mingling so definately load on the photos, cards, affidavits from friends and family (how much you send in ur initial package is up to you as u will be presented another opportunity at your interview, I personally sent a lot of photos as we dont have a lot of other evidence either, My husband is from Detroit too BTW Go Lions!!!) Hopefully you applied for ur work permit and will get that before ur interview so you can get some other types of proof.

3)As homemaker, you are nurse, personal assitant, accountant, financial advisor, event planner, chauffeur, consultant advisor, care giver, decorator, masseuse, nightly exotic entertainer super domestic engineer (cooking, laundry, cleaning) not to mention all the other stuff I forgot to mention. helloo homemaker counts! Thats what I put on mine.

Sounds like ur all set. Dont forget to join us in the progress reports section!

[grrrrreat 109]

The forms are completed and signed. The packet is just waiting to be assembled. The earth has had a dent put in it from a lot of paper being printed, and we're so excited about filing the Adjustment of Status packet (excitedly nervous... But let's be optimists!).

My husband and I just have a few questions before we commit our package into the USCIS' hands.

1. My husband is pretty new to his field (he's thirty - a late bloomer). In 2010 and 2011, his total income was well below the poverty line (earning about $120 a week), as he was a college student. Now, however, he is such a hard worker, and his 2012 tax was fine. He's well above poverty level, and can support his wifey (cough future babies, too cough ). With the i-864 (Affidavit for Support - for those who are like me and are still getting the hang of all the form codes), will this be a cause for concern? His profession is always needed, in some degree.
2. Proof of our marriage being bona fide. We really are scratching our heads here. Luckily, I got placed on his bank account about two weeks prior to our wedding. But, we are currently renting, and I couldn't share joint residency (listed as an occupancy) due to my lack of S.S number. Bummer. We've thought to include wedding photos, proof of our ongoing relationship from back in the K1 visa process (we never lodged it, but we were signatures away in doing so - I never had the intent to marry him when I arrived on my B2, and yes, that is legal). Anything else?
3. Does a "homemaker" count as a profession? Ha. My husband wanted a stay at home wife, and I was more than happy to fulfill that (please, no feminism debates or what not )

If I have more, I might come back to this! Thank you all so much.

Focus less on the formalities of your marriage and more on the substance. If you have some way of proving that you actually live together that you can submit easily, it's better than a formal lease showing your name (which only proves that you signed a lease with your landlord). If you are really concerned about having enough evidence of bona fide marriage, consider submitting affidavits from people who know you and can confirm your relationship.

On the other hand, the I-864 is a formality. As long as he meets the poverty guidelines requirements for the recent tax year (and still is making that income), there's no problem with I-864. Absent very special circumstances, they don't do any other analysis of whether he'll be afford to support you in the future.

[Snag 57]

Hey Snag,

Your excitement is shining through ur post, congrats on being ready to make the first big step in the aos journey:)

To answer ur ???

1) I think they're mainly concerned with the most recent tax year (if the situation was reversed and he made great income in the previous years and low income in 2012, then u'd probably need a co-sponsor)

2) USCIS is aware that newlyweds, especially if the immigrant has no ssn, might not have a lot of evidence of financial co-mingling so definately load on the photos, cards, affidavits from friends and family (how much you send in ur initial package is up to you as u will be presented another opportunity at your interview, I personally sent a lot of photos as we dont have a lot of other evidence either, My husband is from Detroit too BTW Go Lions!!!) Hopefully you applied for ur work permit and will get that before ur interview so you can get some other types of proof.

3)As homemaker, you are nurse, personal assitant, accountant, financial advisor, event planner, chauffeur, consultant advisor, care giver, decorator, masseuse, nightly exotic entertainer super domestic engineer (cooking, laundry, cleaning) not to mention all the other stuff I forgot to mention. helloo homemaker counts! Thats what I put on mine.

Sounds like ur all set. Dont forget to join us in the progress reports section!

Haha! Your post brought a smile to my face. Thank you so much for your cherrful and informative answers. (YES. Go Lions! It's nice to have a fellow Michigan dweller here). Good luck with your interview! That has to be so exciting.

Focus less on the formalities of your marriage and more on the substance. If you have some way of proving that you actually live together that you can submit easily, it's better than a formal lease showing your name (which only proves that you signed a lease with your landlord). If you are really concerned about having enough evidence of bona fide marriage, consider submitting affidavits from people who know you and can confirm your relationship.

On the other hand, the I-864 is a formality. As long as he meets the poverty guidelines requirements for the recent tax year (and still is making that income), there's no problem with I-864. Absent very special circumstances, they don't do any other analysis of whether he'll be afford to support you in the future.

Thanks for your response! That was enormously helpful. We've been stressing about proving the bona fide marriage, but that's more than doable.

[Snag 57]

My wonderful husband brought to my attention Section C, Question 2 of the i-130. And since we're that awkward paranoid couple who like to check a million times whether we're doing this correctly... My address (beneficiary). I've been here on my Visitor's visa for five months, now. We originally put my abroad address down (Australian address). But, there's no denying that I'm living in an apartment with my husband... in the US... So, is this correct? Do I put my abroad address there? Or the address I currently reside at in the US? I'm sure it's the former, since I don't want to wag it in the USCIS' face that I'm living here and I'm "expecting" them to approve me, or what have it.

Wow, upon reading that, that's hard to follow. Major brownie points if you can get through that and give me a decent answer. It's Friday, what can I say?

[Snag 57]

And what about Section C Question 21 - "If filing for your spouse, give last address in which you lived together" - well, we do live together, presently. Do we put this address? We've put this address down for Question 18 - as to where I plan to live.

[Harpa Timsah 13,258]

The answers to both those questions are where you live right now.

[grrrrreat 109]

My wonderful husband brought to my attention Section C, Question 2 of the i-130. And since we're that awkward paranoid couple who like to check a million times whether we're doing this correctly... My address (beneficiary). I've been here on my Visitor's visa for five months, now. We originally put my abroad address down (Australian address). But, there's no denying that I'm living in an apartment with my husband... in the US... So, is this correct? Do I put my abroad address there? Or the address I currently reside at in the US? I'm sure it's the former, since I don't want to wag it in the USCIS' face that I'm living here and I'm "expecting" them to approve me, or what have it.

Wow, upon reading that, that's hard to follow. Major brownie points if you can get through that and give me a decent answer. It's Friday, what can I say?

Please stop making assumptions like "I don't want to wag it in the USCIS' face that I'm living here and I'm "expecting" them to approve me, or what have it". Just answer the exact questions asked with the truthful answers--there really are no traps or secrets here.

Living in the U.S. at the same address as your husband weighs in favor of approving the I-130, not against. In addition, you HAVE to be within the U.S. to be eligible to adjust status, which you are doing by filing I-485.

If you didn't expect USCIS to approve your I-130, you wouldn't be filing it. Remember you're eventually going to have an interview at which you're quizzed about these facts and details. You need to learn to be confident and forthright, not assume you need to make something else up.

Edited June 8, 2013 by grrrrreat