newly married preparing i130 & Aos?

[444 0]

my canadian husband is here in the us with me as a visitor. we were married october 13, 13 here in the states. i am preparing paperwork and have become confused. i thought we were applying for k3 via the i130 w i485 and then the if29 and now i am reading that the k3 is obsolete. my plan is to file the i130 with the i485...which makes the filing of the authorization to work and if29 free to file...he needs to be gainfully employed before we fill out the affidavit for support form...as i am disabled. am i on the right track?

[belinda63 3,047]

You won't make it past step one without the affidavit of support. No EAD, no AP, no green card. It is a requirement to provide the affidavit of support with the package or else it is considered incomplete. You might want to look for a cosponsor.

[NigeriaorBust 4,087]

And until you solve the support issue your husband will be out of status and deportable

[Ryan H 3,834]

Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas forum.

[Teddy B 17,252]

And until you solve the support issue your husband will be out of status and deportable

Let's not go scaring people now. The chances of anyone ever being deported are nil. Practically no one is deported anymore unless a serious crime has been committed. How do you figure the husband is out of status? The op has not given any info that points to that.

To the op, you will need to have financial support, most likely through a co-sponsor. If your husband is planning on staying in the US to adjust, then no K-3, file to adjust status from tourist to legal permanent resident.

Follow the guides here: http://www.visajourney.com/content/i130guide2

Edited November 14, 2013 by Teddy B

[444 0]

thank you very much! co sponsor on board...that form's packet is complete. i'm finishing up the rest. i know that we both need to provide a copy of our divorce decrees...which we have except i have been divorced twice and do not have the previous decree from 1993...do you think it is required as i have a more current one proving that i am indeed divorced??

[Harpa Timsah 13,258]

thank you very much! co sponsor on board...that form's packet is complete. i'm finishing up the rest. i know that we both need to provide a copy of our divorce decrees...which we have except i have been divorced twice and do not have the previous decree from 1993...do you think it is required as i have a more current one proving that i am indeed divorced??

You will absolutely need every single divorce decree. Better work on getting the first one.

[444 0]

You will absolutely need every single divorce decree. Better work on getting the first one.

Thank you...

[444 0]

is a cover letter from co-sponsor for i864 necessary. i know it seems very appropriate but is it necessary?

[aaron2020 11,651]

is a cover letter from co-sponsor for i864 necessary. i know it seems very appropriate but is it necessary?

No.

But it would be wise to include a cover letter listing all the included documents.

[444 0]

thank you!

when having your friends and family write affidavits about the legitimacy of your relationship. do the original letters/signatures need to be filed....or may our out of town/country friends fax us these affidavits?

[Terry J 50]

thank you!

when having your friends and family write affidavits about the legitimacy of your relationship. do the original letters/signatures need to be filed....or may our out of town/country friends fax us these affidavits?

While affidavits are not the strongest pieces of evidence to support a bona fide marriage, I did use it to pad the I-130. We had four people (family/friends) write letters that were notarized and they also provided copies of their government ID's. Two were from the US and two were from Canada.

We have a strong case but we felt it couldn't hurt to get some personal affidavits done.

[Terry J 50]

While affidavits are not the strongest pieces of evidence to support a bona fide marriage, I did use it to pad the I-130. We had four people (family/friends) write letters that were notarized and they also provided copies of their government ID's. Two were from the US and two were from Canada.

We have a strong case but we felt it couldn't hurt to get some personal affidavits done.

Sorry, to completely answer your question we had the original letters with signatures sent with the petition. We had everyone sign/notarize two prints of the original letters so we still have a set of the original notarized letters on hand just in case.

[444 0]

i guess i'm unsure what a strong case means....except maybe that you own a car or house together?? we do not...yet, but i have records of our facebook statuses and our 18 month long instant messaging conversation. and receipts or itineraries for flights to and from canada...?? so these affidavits need to be notarized?

[Ryan H 3,834]

so these affidavits need to be notarized?

No