Wife and me not staying at the moment. Can I still send the application?

[ankitp3490 0]

My wife is in different state and is on parole. Her PO is resisting her transfer but we are trying. I have all the required AOS paperwork ready. Should I wait for her to come or send in the documents now?

After she comes I can get documents with both our names, like bank account and utility bills. Is it required to be sent with I-485 and I-130?

[ankitp3490 0]

Further Information:

I am working in my OPT period, status till June 2016. WIfe is USC currently in Wisconsin. I have documents of visits and pictures from earlier this year. How much proof for bonafied marriage is required at this stage?

[ankitp3490 0]

Sorry for being lazy, found the answer. But I still have the question. Should I wait?

15.
Evidence of a bonafide marriage (see note below for what to include)

Note: Evidence of a bona fide Marriage
The USCIS now requires that when filing an I-130 for a spouse that you include evidence of a bona fide marriage. They list examples of acceptable evidence as:
1. Documentation showing joint ownership or property; or
2. A lease showing joint tenancy of a common residence; or
3. Documentation showing co-mingling of financialresources; or
4. Birth certificate(s) of child(ren) born to you, thepetitioner, and your spouse together; or
5. Affidavits sworn to or affirmed by third parties havingpersonal knowledge of the bona fides of the maritalrelationship (Each affidavit must contain the full nameand address, date and place of birth of the person making the affidavit, his or her relationship to the petitioner ofbeneficiary, if any, and complete information and details explaining how the person acquired his or herknowledge of your marriage); or
6. Any other relevant documentation to establish that thereis an ongoing marital union.

[Boiler 46,242]

Do let us know how it goes, intrigued.

[pilotkausa 5]

Further Information:

I am working in my OPT period, status till June 2016. WIfe is USC currently in Wisconsin. I have documents of visits and pictures from earlier this year. How much proof for bonafied marriage is required at this stage?

I wouldn't wait to file. you should def do it as long as you can have her to sigh all the required forms.

send as much proof of bona fide marriage as you can.

[pilotkausa 5]

Further Information:

I am working in my OPT period, status till June 2016. WIfe is USC currently in Wisconsin. I have documents of visits and pictures from earlier this year. How much proof for bonafied marriage is required at this stage?

I wouldn't wait to file. you should def do it as long as you can have her to sigh all the required forms.

send as much proof of bona fide marriage as you can.

[ankitp3490 0]

I wouldn't wait to file. you should def do it as long as you can have her to sigh all the required forms.

send as much proof of bona fide marriage as you can.

Thank you for your reply. I was thinking so too. Other problem I will have is my EAD card expires and then I will have to find another sponsor. Currently my income is sufficient and my wife doesn't work.

[Penguin_ie 5,997]

When will she be able to move?

Cause right now you are all legal with OPT, so you can wait fro AOS....

[ankitp3490 0]

When will she be able to move?

Cause right now you are all legal with OPT, so you can wait fro AOS....

Thank you for your reply. Inter state compact for transferring people on parole takes approx. 2 months time. That is when her Probation Officer allows her to submit her application. For some reason he is being a*****le and wants her to be stable and be with parents for now. She has had some problems in the past.He knows how long. But her parents me and her are going to request him to allow her to come here.

I am just worried what are consequences when application does not have sufficient proof for bonfide marriage. Do they send RFE or reject it outright or just sit on it? This must have happened to at least someone in past. I am looking in the forum but nothing yet.

[ankitp3490 0]

Following is a pertinent reply from another thread.

"We sent absolutely nothing in terms of "bona fide marriage" when we first mailed the package to USCIS, aside from the marriage cert. We never got an RFE related to proving a bonafide marriage. According to our lawyer, that's exactly what the interview is for.

Unless you are adjusting from K1 and eligible to bypass the AOS interview, there's no reason to front load your application since it creates too much paper work.

While you wait for your interview, keep creating a paper trail. My husband and I went on trips and saved the Amtrak/Greyhound receipts with both of our names. We saved cell phone call logs, showing the 80% of our calls were to each other's phone numbers. Did y'all get married before Dec. 31, 2010? Then your spouse can file taxes in both your names through the filing status married filing jointly. We also had joint memberships at Sam's Club.

If you're having issues w/ bank accounts because of not having an SSN, does your spouse own a credit card? Adding your name as an authorized user takes 5 seconds and required no proof whatsoever of SSN or even legal residency, strangely enough.

You should still make an attempt to actually be on a checking/savings account with your spouse somehow, by attempting to add your name to your spouse's already existing account, instead of creating a brand new account for both of you from scratch."

I also found an RFE where application did not contain official marriage certificate. It was Islamic marriage with multiple documents needed I guess. Nikah nama was missing I am not wrong. Also translation was involved.

Other wise I guess I am good to go. I will be sending application now and hoping she comes here asap and get the documents ready.

[Cathi 5,795]

Following is a pertinent reply from another thread.

"We sent absolutely nothing in terms of "bona fide marriage" when we first mailed the package to USCIS, aside from the marriage cert. We never got an RFE related to proving a bonafide marriage. According to our lawyer, that's exactly what the interview is for.

Unless you are adjusting from K1 and eligible to bypass the AOS interview, there's no reason to front load your application since it creates too much paper work.

While you wait for your interview, keep creating a paper trail. My husband and I went on trips and saved the Amtrak/Greyhound receipts with both of our names. We saved cell phone call logs, showing the 80% of our calls were to each other's phone numbers. Did y'all get married before Dec. 31, 2010? Then your spouse can file taxes in both your names through the filing status married filing jointly. We also had joint memberships at Sam's Club.

If you're having issues w/ bank accounts because of not having an SSN, does your spouse own a credit card? Adding your name as an authorized user takes 5 seconds and required no proof whatsoever of SSN or even legal residency, strangely enough.

You should still make an attempt to actually be on a checking/savings account with your spouse somehow, by attempting to add your name to your spouse's already existing account, instead of creating a brand new account for both of you from scratch."

I also found an RFE where application did not contain official marriage certificate. It was Islamic marriage with multiple documents needed I guess. Nikah nama was missing I am not wrong. Also translation was involved.

Other wise I guess I am good to go. I will be sending application now and hoping she comes here asap and get the documents ready.

not good advice at all.

Edited March 10, 2016 by mimolicious

[Boiler 46,242]

If he has an EAD he has a SSN.

[mallafri76 1,012]

I would wait or talk to a lawyer. Why complicate things and risk being denied, especially not since you're legally in the US and your working on your wife being transferred soon?! I don't know how much, if any, marital union comes into play when you do adjustment of status but I would think that USCIS will find it a little strange that you're in a bona fida marriage but living in different states. And not sure they will accept the reason of the petitioner being on parole, since there are ways for you to live close to each other, such as you moving to her. If you have the option to wait, I would.

[Sticky 21]

Not to burst your bubble...but as a PO who handles interstate transfers daily I just want to warn you that very few interstate transfers are approved. Like 1/20ish. Interstate compacts are a federal set of rules that must be met and exclude most parolees or probationers. Only very specific cases are eligible. And most misdemeanors unless they involve a violent crime or sex offense are not. You must be moving because your job was transferred, or your family (Specifically immediate family and not a boyfriend or fiance) live there and have been there for six months or more. You need a financial sponsor, a job lined up and an agency willing to accept you. And you must have a certain amount of time left on your sentence.You should really look deeply into whether her transfer will actually be approved before you send off anything. because in the end even if she has the nicest, most cooperative PO the ICAOS could still reject it.