AOS from F1, PhD students not living together currently and sponsorship

[AKOL 3]

Hi,

I have a question regarding some of the documentation or proofs me and my husband might need when we send in our AOS application.

I am here in the US on a F1 visa, been here since 2009. Met my husband (US citizen) in 2011 because we were neighbors, he was currently a master student in the same state at the same university. We started dating and I moved into his apt in 2012 for 3 months but was not on the lease (but that landlord has written an affidavits, since he was my landlord too in the apt I lived in earlier). We then moved in together into another apt, both names on the lease which is great (2012-2013). So far so good, that is some proof. Now, he moved in 2013 to a completely different state because he started a PhD program with a specific professor. So, we have not been living together since fall 2013.

We have copies of old flight informations of us flying and spending christmas together at his parents house 2011/2012, 2012/2013, I went to him at his new location 2013/2014 for one month, and we went to his parents again in 2014/2015. We got engage in December 2015, just got married in his hometown, which we both flew to. We got married because we wanted to take our relationship to the next level and with the goal to live together for the rest of our lives when I am done with my PhD. My I-20 form expires in August this year (2015) and I might be able to finish and defend my dissertation by september this year. This is one of the reasons we wanted to get married now, so that I could move to him immediately if I am finished by then. But, also so that I can stay and finish my PhD if I can't finish it before my I-20 form expire (I have already renewed it once). We also have several flight tickets to show that we have been traveling and being together at several conferences, and also me visiting him during his field work last summer. My parents lived with us for a month when they came and visited in 2012, and then again he came and visited me last year (2014) for one week when my parents came again. We also traveled together to my home country and have flight tickets of this from 2013. And obviously tonnes and tonnes of pictures. Now, we didn't make the choice to wait with getting married and for me to potentially get an OPT. Because, we were thinking you never know how hard it can be to get a job with those specific requirements and also that fast, so we thought it was safer to get married now to be able to stay together for the rest of our lives which is our intention. We did a courthouse wedding with a plan to have a more formal wedding for friends and also a chance for my parents to come next year once we saved some more money. His parents were the only ones at the courthouse wedding.

I guess our biggest question is how big of a problem us living apart currently is. We have several affidavits from family and friends that are describing our relationship, that copy of the lease (2012/2013), postcards addressed to both of us when we lived together, letters from him to me when he did a long rafting trip the first year. I am also on his parents phone plan, and we have facetime records going back to 2013. What we don't have is joint bank accounts, insurances, car ownership and so on, which I have read are important parts to have.

Does someone else have any similar background and experiences with AOS in this matter?

We are also asking his dad to file a joint sponsorship since my husband just falls below the requirements (actually only 3 years ago) but these 2 past ones he is above. But I have also read that some people have been having issues when being on assistantships (which is how you are being payed as a PhD student) saying that since it's only temporary its not completely valid. Have anyone else any similar background in this issue?

To be honest I think we should be fine, but it is always nice to see if someone else have had a similar background and any different experiences in their application.

thanks

A

Edited March 31, 2015 by AKOL

[Boiler 45,525]

There was an vaguely similar case, if the OP came back and said what happened I missed it.

Why not extend again and file when you are done and cohabitating?

Edited March 31, 2015 by Boiler

[AKOL 3]

Our intention of doing it now was to make sure that I have an EAD by the time I am done with my PhD this fall, if everything goes well. In this way I would be able to start applying for jobs (any job) and start working earlier compared to if we filed once I am completely done. Which is slightly different compared to an OPT where I have a set number of days to find a specific job within my category. I guess it is somewhat of a money situation too. I want to be able to start to work as soon as possible and this seemed like the best option to us. From what I have read it might take a while to receive the EAD (correct me if I am wrong).

[Darnell 8,478]

Redo current leases to show both names. Same for utility bills.

[AKOL 3]

Redo current leases to show both names. Same for utility bills.

Darnell, I guess that would be stating that I am living somewhere where I am actually not, which probably is not a good idea. So, that is why we are not doing that.

thanks

A

[GurkenSalat 48]

I can only speak from my own experience. I guess the answer would be "it depends". When we applied, my husband and I were not "officially" living together, as I was still in a PhD program some 70 miles away and had no car. I had "upgraded" to being at his place every single weekend, but neither of us were on each other's leases. So when we filed, we had the two addresses on the form. I was a bit scared, thought it would be a huge issue.

As it turns out, our IO barely seemed to care. He was more concerned with having the info be all in order and the stuff sent to the right address. I had just moved in with my husband for the last month or so of his lease (decided I'd had enough, long story), so my name was still not on his lease. We did have a lot of evidence, such as joint bank accounts, me as the beneficiary of his work-provided life insurance, affidavits, etc. I had also brought along extra stuff that the IO never even asked about (train tickets from when I was visiting him, plane tickets to Europe for both of us, phone bill for our family plan, etc).

If you have good reasons for not living together <at this time>, and plenty of evidence, I believe you should be fine. But I guess it also depends on your luck with the IO (ours was REALLY nice!).

PS. we barely had any pictures. We're not photogenic in the least!

[AKOL 3]

I can only speak from my own experience. I guess the answer would be "it depends". When we applied, my husband and I were not "officially" living together, as I was still in a PhD program some 70 miles away and had no car. I had "upgraded" to being at his place every single weekend, but neither of us were on each other's leases. So when we filed, we had the two addresses on the form. I was a bit scared, thought it would be a huge issue.

As it turns out, our IO barely seemed to care. He was more concerned with having the info be all in order and the stuff sent to the right address. I had just moved in with my husband for the last month or so of his lease (decided I'd had enough, long story), so my name was still not on his lease. We did have a lot of evidence, such as joint bank accounts, me as the beneficiary of his work-provided life insurance, affidavits, etc. I had also brought along extra stuff that the IO never even asked about (train tickets from when I was visiting him, plane tickets to Europe for both of us, phone bill for our family plan, etc).

If you have good reasons for not living together <at this time>, and plenty of evidence, I believe you should be fine. But I guess it also depends on your luck with the IO (ours was REALLY nice!).

PS. we barely had any pictures. We're not photogenic in the least!

Thanks for your reply GurkenSalat. Yes, this is somewhat the kind of response I was hoping for. Just someone in a similar situation explaining what happened with their case. Hopefully everything will go well for us too,

thanks again

A