AOS Catch 22

[cookie y cookie 1]

I'm not sure where to put this question so I figured I'd try here.

My husband came to the US on a K-1 visa and we got married June 21st. Both of us are anxious to start the AOS process so that he can get his EAD and work towards the greencard. I know that in order to prove a legitimate marriage it's a good idea to include more than just a marriage certificate and pictures of the wedding.

Many have said they'll want proof that you have a joint account, that both names are on utility bills and that the spouse has been added to the lease. We created a joint account and I'm working on the utlitites but I'm sort of hesitant to add my husband to the lease. Reason being, he has no job, no credit history and obviously no previous address in the US. I don't think they'll approve him to be on the lease. UNLESS, I can act as his co-signer.

Does anyone have experience doing this? My biggest concern is that they won't allow me to be the co-signer and won't approve him either...effectively making it necessary for us to move and I don't know where we'd be able to go.

Any suggestions or advice on similar experiences would be appreciated.

Thanks!

[Shiobhan 235]

If he already lives in the home with U wont they just add him as resident? obviously the rents been paid U not just applying to qualify to move in, try adding him to ph, cable or light bill, make sure his ID has the same address

and mails to him shows that address

Edited July 13, 2013 by Jihana

[hnubno 9]

my husband and i are currently living with my mom while i'm in school and working. For our AOS all we had to show was copy of his drivers license with his address as mine, electric bill with his name on it, joint checking and saving acct, joint credit card acct, my life insurance with him as beneficiary, and health insurance together. he got a gc with that. just to let you know, our IO didn't even look at our pictures. all the IO wanted was our joint documents.

good luck to you guys...

Edited July 13, 2013 by hnubno

[Lainie B 465]

I'm not sure where to put this question so I figured I'd try here.

My husband came to the US on a K-1 visa and we got married June 21st. Both of us are anxious to start the AOS process so that he can get his EAD and work towards the greencard. I know that in order to prove a legitimate marriage it's a good idea to include more than just a marriage certificate and pictures of the wedding.

Many have said they'll want proof that you have a joint account, that both names are on utility bills and that the spouse has been added to the lease. We created a joint account and I'm working on the utlitites but I'm sort of hesitant to add my husband to the lease. Reason being, he has no job, no credit history and obviously no previous address in the US. I don't think they'll approve him to be on the lease. UNLESS, I can act as his co-signer.

Does anyone have experience doing this? My biggest concern is that they won't allow me to be the co-signer and won't approve him either...effectively making it necessary for us to move and I don't know where we'd be able to go.

Any suggestions or advice on similar experiences would be appreciated.

Thanks!

For the initial AOS application, you DON'T need to provide any kind of evidence of a legitimate marriage other than the marriage certificate itself. You don't even need pictures. Most K-1 AOS applicants are approved without interview, and therefore never have to provide additional evidence. However if you are selected for interview, then you will need to bring some kind of evidence to the interview. But the interviewer knows that the marriage is very young, and you won't need much evidence. Pictures, joint account and joint utilities bills should be enough. If the lease situation comes up you can just explain why he wasn't added yet.

Edited July 13, 2013 by Lainie B

[Darnell 8,478]

DOS Cookies - Sorry, I not know where you read of this,

but for filing an AOS set right after marriage, coming in on a K-1 visa,

proof of this sort is not required.

The proof you mention is required 2 years down the road on the ROC set, however, so bear that in mind as yer living yer life after obtaining a green card.

[Penguin_ie 5,993]

*** Moving from General Immigration to AOS from Family Visa forum ****

[cookie y cookie 1]

Thanks everyone for the responses! I can't add him to my insurance so I guess I will add him to my utlities and we'll work on getting his license. I feel better knowing that with our type of visa not that much additional information will be required (though I still like being on the safe side ).

[ceadsearc 516]

Just to clarify - are you trying to set him up with a separate apartment? Or are you trying to move somewhere new together? I ask because you mention being a co-signer, but typically a co-signer is someone with good credit who is NOT living there and just signs to prove things will get paid, etc. If you are living there, you aren't a co-signer, you are someone who lives there and chances are your credit will override his if it's very good, though not guaranteed. That said, some places don't really care, especially if his credit is just nonexistant vs bad.

He may want to try to start building up his credit though, if possible.

[Protocol417 161]

Another question might be: Is your spouse allowed to live there WITHOUT being on the lease?

In my experience, everyone living in the apartment must be listed on the lease, or you risk eviction.

[bigdog 376]

Proof of your renting together is only one issue, USCIS will look at the total picture when deciding AOS and ROC. You will have much more proof at the ROC stage, see VJ for the examples of what other used to file.

[Darnell 8,478]

rules of adjudication are different when comparing AOS to ROC, so bear that in mind when you are prepping yer AOS set.

Seriously - you not need much proof of marriage, but you do need proof of marriage .

At this stage, 'adding him' will most likely kill your credit rating, and raise your rates on other things , and in the short term, have a detrimental effect on your existence.

There are other paths to take , after green card in hand, to start building his existence in the USA. Do not ignore those, and do not jump start it this weekend.