Hello! Our introduction, and a few questions :)

[IndianInBoston 0]

Hello All,

I got married last week to my fiance , who i have been in a relationship with for the last 7 years . I am an F-1 Visa holder . I have been on F-1 Since 2006, with 4 years of undergrad + 1 Year of OPT + 2 Years of Grad School and now 6 months into my OPT.. (on OPT valid until 6/15/2014)

My company was willing to sponsor me for a H1B, but since it is a lottery, and costs a lot of $$ for my company, i spoke to the HR department and told them that it would probably be a better idea for me to file a Marriage based green card application and not have to worry about the lottery system..

I have heard the EAD takes around 90 days to come, so we have started to do the application's and get all our doccuments together so we can file this ASAP. but i had a couple of quesitons, and while i could get most of them answered while browsing on this forum, i still had some left

Thank you guys ! i really appreciate the help, and hope i can contribute too!

Questions:

1) Affidavit of Support: Submit 2013 tax returns? or will 2012,2011, 2010 be okay? My Sponsor has not filed yet, so was wondering if it would be a better idea to file 2013 returns, and then use those too?

Also, should i use my income from my job too supplement this, or is there no need if my sponsor meets the requirements? (my income was 70k and the sponsor's income was $76k last year)

2) Birth Certificate : My birth certificate (benefactor) only says "A Male Child was born" , and lists my parents name. It wasnt customary in India to name a child before birth. I have read that 2-3 affidavits basically saying that I am the "Male Child" (from my parents, aunts, grandparents) will be okay? Has anyone any experience with this?

3) Photocopy of my passport (benefactor): My US visa is in my old passport, that is now full , and i have got a new one issued. I was wondering if i should include copies of both my current and old passport (which has the US Visa) and make a note somwhere? Where should i let them know of the situation? Or is this common enough that it shouldnt be an issue?

4) Should i Copy all my 1-20 and OPT Cards as well, along with approval letters etc, from both undergrad and my grad school's

5) Proof of Bona-fide marriage : We have a lease agreement together already, and have shared car-insurance, trips we have taken together (alone, and with our families) .. we have pictures from our legal marriage ceremony here in boston , (our public (large party ! ) is only at the end of the year in India)

Anything else you think we should add?

Any other tips would be greatly appreciated!!!

Edited February 23, 2014 by IndianInBoston

[Ryan H 3,819]

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

[ajhigh 2]

Hi IndianinBoston,

I've submitted my AOS package in a similar situation (here on a work visa (E3 - for Australians in specialty occupation)), I'm not the best person to answer but here are my two cents:

1) My understanding is that if submitting before the 2013 filing deadline, you only need 2012 tax return (be sure to get the full transcript) as the most recent tax year. We also submitted 2011 and 2010, as you are planning to do. If you file before the 2013 deadline, and interview after, I would suggest bringing the 2013 return to the interview.

2) [No experience with this sorry - but the affidavit route sounds like the common sense way to deal with this situation]

3) My current E-3 visa was also in my old passport (I got a new passport when I changed my name). I included copies of both, as I tend to think erring on the side of caution is useful. I just wrote a brief note explaining that I was including copies of both, and reason for new passport. For what it's worth (Which might not be much, because I understand RFEs can come at any stage of the process), I've been scheduled for Testing & Interview, and haven't received any RFEs.

4) (don't know - I included copy of all previous US visas)

5) There is different information/opinions on how much proof of bona fide to include at the submission stage. I erred on the side of caution. In addition to the things you submitted, I included affidavits from two friends who know our story (one who introduced us, one who has travelled with us and was at our wedding). I also included copy of joint bank account, and stamped envelopes/letters addressed to us both at our current address. From what I've seen, this was overkill, but who knows, maybe it helped my case progress to T&I quickly (that's 100% speculation!)