AOS from F1 (I-130 filed, same sex)

[doaswedo 0]

Hi there,

I am new to this forum and the immigration process. The whole process kinda got on my nerve. Any help from you guys will be appreciated!

So, I met my USC wife roughly 3 and half years ago when I came to study on an F1 visa. We got married last August simply at the county clerk's office with her mom as a witness. We filed our 1-130 at the end of this January and are getting ready to submit our AOS after I get my vaccine done.

I read from a couple of other resource that differences in culture, age, religious background and educational background will raise red flags. My wife is slightly handicapped from her accident 11 years ago and she is not able to drive. She totallshe is on a fixed income and we had one of her mom's friends fill out the I-864 for us.

1. will 15 years apart in age be a concern of the immigration officers?

2. will her social security income disqualify us from any immigration benefits?

3. when we file the AOS seperately from I-130, will that delay/slow down the process in comparison to the cocurrent filing?

4. we do not have any comingling finance because of the risk of social security cutting her out, will that be a big issue of not having those?

[Harpa Timsah 13,258]

1. Maybe.

2. No.

3. Yes.

4. You are committing social security fraud by hiding your marriage from them. I am assuming that if she tells them she is married that she will no longer be eligible because of your income? If she really qualifies for SSDI then co-mingling finances won't make a difference. Big red flag here, for me.

It is your job to convince USCIS that you have a bona fide marriage and are not marrying just to circumvent immigration laws. I am not convinced of this, from this post.

[doaswedo 0]

Hi Harpa, thanks for your reply! The thing is I dont have an income but a little bit of saving. We were thinking about having a joint account; however, she will be no longer eligible for SSI if there is income going to the account (lets say the joint account under both of our names) when I am working in the future. She is disable and not able to work; thats why she is having this SSI. We dont see any point of opening a joint account and having a little bit of money sitting there.

[Harpa Timsah 13,258]

If being married to you makes her ineligible for SSDI, then she needs to accept it. Pretending you are not married to get benefits is highly illegal.

[doaswedo 0]

ahh, what should we do then?

[aaron2020 11,651]

ahh, what should we do then?

You need to disclose to SS that she is married and your income will be taken into consideration to figure out her benefits. This is a requirement. Don't commit fraud by failing to disclose a material change in her circumstances.

[doaswedo 0]

Thanks! She did not hide the fact that we are married. I am a student and I dont have any income.