Filing I-130 and I-485 Together. Issues?

[greentrees 0]

I am a US Citizen and will marry someone with a Work Visa next month. I believe we can file the I-130 and I-485 forms together. I live in one city and she lives in another city. With both have nice jobs. She will move to the city I live in after finding a job in the area, but until then we will live apart. Are there any issues or paperwork that I should be aware of other than the normal forms needed for the I-130 and I-485.

[NancyNguyen 1,658]

Separating marriage life is not ideal, move in first and got married. By the way, don't let uscis know you call your spouse someone. It doesn't work that way.

[Lainie B 465]

Moving to AOS from work, student, tourist visa forum

[Teddy B 17,252]

I am a US Citizen and will marry someone with a Work Visa next month. I believe we can file the I-130 and I-485 forms together. I live in one city and she lives in another city. With both have nice jobs. She will move to the city I live in after finding a job in the area, but until then we will live apart. Are there any issues or paperwork that I should be aware of other than the normal forms needed for the I-130 and I-485.

It will be a lot more difficult to prove a bonafide marriage to USCIS if the two of you are living in separate cities. It's not impossible, but could be difficult. You might want to wait until you are living together and married before filing. If you decide to go ahead while still living apart, make sure you gather any and all evidence that you have a genuine relationship and are not just in it for the greencard. Wedding pics and cards from family members will help and anything that shows you co-mingling your lives such as joint bank accounts, credit cards and health insurance if possible.

Follow this guide and good luck. http://www.visajourney.com/content/i130guide2

Edited January 14, 2015 by Teddy B

[greentrees 0]

We are living apart because of our jobs. They are both professional jobs. She is applying to jobs in the city I live in but might take some time to move. We have a joint bank account and credit account. We could open a joint investment account with schwab.

[greentrees 0]

It will be a lot more difficult to prove a bonafide marriage to USCIS if the two of you are living in separate cities. It's not impossible, but could be difficult. You might want to wait until you are living together and married before filing. If you decide to go ahead while still living apart, make sure you gather any and all evidence that you have a genuine relationship and are not just in it for the greencard. Wedding pics and cards from family members will help and anything that shows you co-mingling your lives such as joint bank accounts, credit cards and health insurance if possible.

Follow this guide and good luck. http://www.visajourney.com/content/i130guide2

Thanks for the link. I noticed two optional items.

My fiancée already has a work visa, so is there a need to submit the I-765? Not sure if the work visa is suspended while submitting the I-485.

I-765, Application for Employment Authorization, if you want to work while your application is processed (optional)

15. I-131, Application for Travel Document, if you need to travel outside the United States while your application is processed (optional)

[Teddy B 17,252]

Thanks for the link. I noticed two optional items.

My fiancée already has a work visa, so is there a need to submit the I-765? Not sure if the work visa is suspended while submitting the I-485.

I-765, Application for Employment Authorization, if you want to work while your application is processed (optional)

15. I-131, Application for Travel Document, if you need to travel outside the United States while your application is processed (optional)

I am not 100% positive about how filing for AOS will affect her work visa, hopefully someone else will chime in.

[nesta37 3]

It will depend I think on the workvisa she has. is it linked to a particular company? if so file for the document so she can switch jobs.

[greentrees 0]

Yes, my fiancée has an H1-B that is tied to the employer. I read if she files the I-765 that she loses the H1-B and becomes dependent on the I-765 being approved.

[Teddy B 17,252]

Yes, my fiancée has an H1-B that is tied to the employer. I read if she files the I-765 that she loses the H1-B and becomes dependent on the I-765 being approved.

This is my understanding of it as well. But like I said, not 100% positive.

[gaia12 9]

I think what nesta37 meant is that H1-B visa ties you to one employer. If you want to switch jobs, the new company needs to sponsor an H-1B and hence, do an H-1B transfer process. By obtaining the EAD by filing for I-765, your fiancee can move jobs easily without needing sponsorship.

[NellyandNicky 3]

The "problem" could become a solution, no?

If what you guys are saying is right, then it makes more sense for her to keep her job, and the whole thing becomes the reason for the two to be apart (on the mean time).

If one should move, it makes more sense if you do, as you don't have restrictions of whom to work for.

If you getting another job seems like a bad idea, you could argue that out if brought up.

I guess showing effort from either party to move in together (showing that you are currently trying to get another job so you can move in together) could work.

Then again, it be more responsible to work things out before marriage than after. Getting married without living together could be categorized as rushed, and a red flag, but having a reason for it could wipe that away. One should also take into account that the couple are in love, and nothing should be an obstacle.

Finding another job can take days or month, one shouldn't wait around for fear of immigration.

Fearing immigration in itself is a red flag.

Edited January 17, 2015 by NellyandNicky

[greentrees 0]

The "problem" could become a solution, no?

If what you guys are saying is right, then it makes more sense for her to keep her job, and the whole thing becomes the reason for the two to be apart (on the mean time).

If one should move, it makes more sense if you do, as you don't have restrictions of whom to work for.

If you getting another job seems like a bad idea, you could argue that out if brought up.

I guess showing effort from either party to move in together (showing that you are currently trying to get another job so you can move in together) could work.

Then again, it be more responsible to work things out before marriage than after. Getting married without living together could be categorized as rushed, and a red flag, but having a reason for it could wipe that away. One should also take into account that the couple are in love, and nothing should be an obstacle.

Finding another job can take days or month, one shouldn't wait around for fear of immigration.

Fearing immigration in itself is a red flag.

The cost of housing where my fiancée lives is almost 3 times more than where I live, so not really affordable to live. We want to start a family and the schooling is much better where I live.

I noticed when submitting the I-485 that a copy of my fiancée birth certificate is needed. It says an English translation is needed. I assume her father can translate the document. But I noticed that the instructions said that the translated certificate has to look like the original (with the emblem and everything). Does that mean I have to copy the image of the birth certificate and white out the foreign words and have her father write in the translation?

[NellyandNicky 3]

quote name="greentrees" post="7432573" timestamp="1421552416"]

The cost of housing where my fiancée lives is almost 3 times more than where I live, so not really affordable to live. We want to start a family and the schooling is much better where I live.

I noticed when submitting the I-485 that a copy of my fiancée birth certificate is needed. It says an English translation is needed. I assume her father can translate the document. But I noticed that the instructions said that the translated certificate has to look like the original (with the emblem and everything). Does that mean I have to copy the image of the birth certificate and white out the foreign words and have her father write in the translation?

I did my own translation (others here has also done so).

You must translate line by line and include everything that has in it.

You should search for a sample translation online.

Examples include, making a square box where a stamp was located, and put it [stamp] on top of the box. If something is writing in ink, state so by putting [-print name-],[-signature-], etc.

The seal in mine is called the Coats of Arms, so in place of the seal I wrote [-Brazil's Coats of Arms seal-].

But like I said, search for a sample, and you will know what to do.

Best of luck to you.