In-country AOS question

[sparkles_ 456]

Hey guys,

My questions are about the I-130. I'm confused, I thought that the evidence of a bona fide marriage was supposed to be shown during the interview or at least with the I-485 packet. The instructions for the I-130 now seem to state that you have to prove 'family relationship' which of course is a marriage certificate. The thing I am wondering is about the subsection asking for things like shared lease, shared finances, etc. I do not recall doing this with my ex-husband's in-country AOS (granted it was in 07/08).

Am I really supposed to send a copy of a lease and bank statements with the I-130?

Lastly, questions 14 of the I-130 asks how did the relative arrive? He came as a student, then got a tourist visa after the student visa ran its course. He never 'arrived' per se on the B2, it was given while in-country and was his last legal status, we have proof of that from USCIS. . . Should I list how he arrived as student or tourist?

Edited January 7, 2015 by Becca&Youssef

[Pitaya 2,577]

~Moved from Fam.-based AOS to WST-based AOS Forum~

~Adjusting from tourist visa~

[Teddy B 17,252]

Hey guys,

My questions are about the I-130. I'm confused, I thought that the evidence of a bona fide marriage was supposed to be shown during the interview or at least with the I-485 packet. The instructions for the I-130 now seem to state that you have to prove 'family relationship' which of course is a marriage certificate. The thing I am wondering is about the subsection asking for things like shared lease, shared finances, etc. I do not recall doing this with my ex-husband's in-country AOS (granted it was in 07/08).

Am I really supposed to send a copy of a lease and bank statements with the I-130?

Lastly, questions 14 of the I-130 asks how did the relative arrive? He came as a student, then got a tourist visa after the student visa ran its course. He never 'arrived' per se on the B2, it was given while in-country and was his last legal status, we have proof of that from USCIS. . . Should I list how he arrived as student or tourist?

You should send copies of anything you have now for evidence with the I-130 and take the originals with you to the interview . The easiest things to get for this step are a joint bank account, both names on health insurance and car insurance, joint utility bills, any mail that shows you two living at the same address, wedding cards and pics etc. You could also add him as an authorized user on your credit cards and make copies of the cards in both your names. They are just wanting to make sure that you both truly know each other and the marriage is real. The more solid evidence of a bona fide marriage/relationship will be required when you go to remove conditions in 2 years.

If he arrived on a student visa, that is what you put on question 14. There will be records of that in the USCIS system.

Edited January 7, 2015 by Teddy B

[sparkles_ 456]

You should send copies of anything you have now for evidence with the I-130 and take the originals with you to the interview . The easiest things to get for this step are a joint bank account, both names on health insurance and car insurance, joint utility bills, any mail that shows you two living at the same address, wedding cards and pics etc. You could also add him as an authorized user on your credit cards and make copies of the cards in both your names. They are just wanting to make sure that you both truly know each other and the marriage is real. The more solid evidence of a bona fide marriage/relationship will be required when you go to remove conditions in 2 years.

If he arrived on a student visa, that is what you put on question 14. There will be records of that in the USCIS system.

Speaking of car insurance, is it possible to add him at this point? He has a valid DL from another state. Bank acct., bills and lease are all taken care of!

[Teddy B 17,252]

Speaking of car insurance, is it possible to add him at this point? He has a valid DL from another state. Bank acct., bills and lease are all taken care of!

Yes, it shouldn't be a problem at all, just call your agent or company.

[Leo7777 243]

I thought it was well established fact that new Student F-1 or Tourist B-1,2 visas COULD NOT be obtained from within USA?

Such can only be obtained at US Embassys in foreign countries.

[Transborderwife 4,666]

I thought it was well established fact that new Student F-1 or Tourist B-1,2 visas COULD NOT be obtained from within USA?

Such can only be obtained at US Embassys in foreign countries.

I've heard about people switching from h2b visas to b2 s in country without problem.

[sparkles_ 456]

I thought it was well established fact that new Student F-1 or Tourist B-1,2 visas COULD NOT be obtained from within USA?

Such can only be obtained at US Embassys in foreign countries.

I think you misunderstood. His student visa was obtained in Morocco....the B2 was given just as his student visa was ending. It happens. He had to post a bond for it however or something to the tune of 5,000 dollars

[Leo7777 243]

OK, so you are saying he got F-1 in Morocco. That is standard and I understand.

But then you seem to imply that while he was in USA on the F-1, he obtained a B-2 visa while he was in USA.

That is what I didn't think was possible.

i.e. All F-1 and B-2 visas must be obtained from USA embassy in the foreign country.

https://www.migrationexpert.com/travel_visa/tourist_visitors_visa_b2/

B2 Visa Requirements

A B2 visa can only be obtained abroad and applicants must show that the purpose of their trip is for pleasure, tourism or medical treatment.

Edited January 9, 2015 by Leo7777

[berber_wife 90]

Her husband was a Disney employee. My now-husband and I looked at him applying to work at Disney after about a year together so I did some research. From what I remember, Disney international employees apply and interview in their home country and are issued the appropriate visa there (which I guess is a student visa). Then they work at Disney for a year and at the end of the year, they are given the option of obtaining a tourist visa for something like six months so they can have the opportunity to travel and see the US. It's definitely a unique situation.

[sparkles_ 456]

Her husband was a Disney employee. My now-husband and I looked at him applying to work at Disney after about a year together so I did some research. From what I remember, Disney international employees apply and interview in their home country and are issued the appropriate visa there (which I guess is a student visa). Then they work at Disney for a year and at the end of the year, they are given the option of obtaining a tourist visa for something like six months so they can have the opportunity to travel and see the US. It's definitely a unique situation.

Yes, it an option to get the b2 at the end of the contract or continue the student visa if able to fund one's education on their own. I know it isn't standard procedure but then again the entire Disney intern program is a unique thing itself.