Filing I-130 for my husband who is IN the US with me on a Visa Waiver. More info inside.

[kzielu 1,149]

What about I-693 for medical?

This. Clearly missing from the list. (I-693 filled by civil surgeon).

[EM_Vandaveer 2,408]

This. Clearly missing from the list. (I-693 filled by civil surgeon).

Clearly isn't missing. It's listed as part of the I-485 packet. Edited December 15, 2016 by EM_Vandaveer

[EM_Vandaveer 2,408]

that's a fun loop hole get tourist visa 9 years ago commit crime and spend 5 years in jail then come to us and adjust without having get police report showing those crimes.

it just doesn't smell right to me.

Doesn't smell right as in you don't think it's true? I assure you, I did in-country AOS and didn't submit any police certificates.

By the way, if the applicant has a criminal record, they're required to disclose it and provide documentation.

From Form I-485:

"1. Have you EVER, in or outside the United States:

a. Knowingly committed any crime of moral turpitude or a drug-related offense for which you have not been

arrested?

b. Been arrested, cited, charged, indicted, convicted, fined, or imprisoned for breaking or violating any law or ordinance, excluding traffic violations?

c. Been the beneficiary of a pardon, amnesty, rehabilitation decree, other act of clemency, or similar action?

d. Exercised diplomatic immunity to avoid prosecution for a criminal offense in the United States?"

[htfaust 131]

that's a fun loop hole get tourist visa 9 years ago commit crime and spend 5 years in jail then come to us and adjust without having get police report showing those crimes.

it just doesn't smell right to me.

To be eligible to adjust on I-485, you need to have entered with inspection, which means you either have a visa or an ESTA.

In any case, the visa issuance or ESTA issuance process would have taken care of any criminal background the applicant might have had in the home country. It will be on the databases when they do the IBIS,name and fingerprinting checks as the DOS shares this information.

Also, it's the CBP that has the duty to validate the eligibility for admission at POE. If anything changes in the interim, they are the ones that are required to have the scrutiny at this stage.

Edited December 15, 2016 by htfaust

[A'n'L 735]

No I-94 on the VWP, which the OP mentions.

Uh, yes! Every entry gets an electronic I94 record. All my VWP entries has an I94. The OP needs to document how/when he entered the country, and that's how he'll do that.

[DrEllaNJ 288]

go to this website to find and print out your I-94 - https://i94.cbp.dhs.gov/I94/#/home

You don't get a paper form anymore, but you certainly do get an electronic I-94.

[hateadminforms 19]

To be eligible to adjust on I-485, you need to have entered with inspection, which means you either have a visa or an ESTA.

In any case, the visa issuance or ESTA issuance process would have taken care of any criminal background the applicant might have had in the home country. It will be on the databases when they do the IBIS,name and fingerprinting checks as the DOS shares this information.

Also, it's the CBP that has the duty to validate the eligibility for admission at POE. If anything changes in the interim, they are the ones that are required to have the scrutiny at this stage.

ESTA does not do police check ....it is fragile and some countries do not report in a way the USA would like so this is wrong " ESTA issuance process would have taken care of any criminal background the applicant might have had in the home country."

The ESTA application collects biographic information and answers to VWP eligibility questions. - https://www.cbp.gov/travel/international-visitors/esta

[hateadminforms 19]

He arrived on 10/1/16. He proposed on 10/31/16. We were married on 11/27/16. I am now trying to file all of the required forms and getting increasingly anxious. Every time I think I have everything I find out about new forms or new forms of information that I need to include. Can someone review my list below (which essentially mirrors my cover letter) and let me know of anything I'm missing? For sake of simplicity, let's refer to me as S and my immigrating husband as J.

S: Natural born US citizen

J: Spouse. Immigrating to US from Australia--currently IN the US.

I-130 Package

- Form I-130 filed by S

- A check for the amount of $420.00 to cover the filing fee

- Completed and signed for G-1145

- Form G-325A filed by S with passport style photo of S

- Form G-325A filed by J with passport style photo of J

- US Birth Certificate of S

- Marriage Certificate

- Foreign Birth Certificate of J

- Evidence of Bona Fide marriage (photos, our story, joint bank account statement, etc)

I-485 Package

- Form I-485 filed by J

- A check for the amount of $1070.00 to cover the filing fee

- Foreign Birth Cartificate of J

- All pages of J's passport

- Two additional passport-style photos of J

- Form G-325A filed by J

- Sealed form I-693

- Form I-864 filed by S

- S's most recent (2015) tax return

- Transcript of S's 2015 Tax Return from the IRS

- 6 months worth of paystubs of S

- I-131 filed by S (or by J? Not sure. Please answer)

- I-765 filed by S (or by J? Not sure. Please answer)

All together it sounds like I will need 4 passport-style photos of J and 1 of S.

As others have said front load the application with a covering letter clearly stating the obvious ( you have the certificates) even though you think you are repeating yourself. More than one set of eyes will be looking at your application.

• Confirmation you entered into a valid marriage, cover that there were no previous marriages (a statement from a priest back home or a quick visit by partner to a notary public)
• Confirm Eligibility of application for "Adjustment of Status" - you want to be able to knock each reason to deny you off the list. You are in the "sham marriage" timeline zone of fake or arranged marriages so plan for USCIS to dig deeper, why? The big majority of applicants file a Form I-130, wait months and go to the U.S. consulate to attend an interview, a number do not because they get frustrated with the wait and enter the USA on a tourist or other visa and then adjust status. One spoiler spoils it for a lot more later and repeats of the same tricks by others simply get the alarm bells ringing.
• Your ability to provide sufficient financial support, not just your side, his life costs as well, to be able to walk away from a country and a past life without a bill to be paid, credit card and no income (he cannot work for c.90 days before getting employment approval if lucky) means covering this early in your introductory letter separates you from the fakers. It is worth mentioning that the person has not had a work life where they needed social security or other assistance - USCIS will be wary and will ask.

It may sound like hard work and an invasion of your privacy, it is, but dealing with it in an open manner will speed up the flow for you.

Others who have posted are totally correct in their assumptions and their advice on the forms is good.

Best of luck.

[Eric & Idalia 56]

He arrived on 10/1/16. He proposed on 10/31/16. We were married on 11/27/16. I am now trying to file all of the required forms and getting increasingly anxious. Every time I think I have everything I find out about new forms or new forms of information that I need to include. Can someone review my list below (which essentially mirrors my cover letter) and let me know of anything I'm missing? For sake of simplicity, let's refer to me as S and my immigrating husband as J.

S: Natural born US citizen

J: Spouse. Immigrating to US from Australia--currently IN the US.

I-130 Package

- Form I-130 filed by S

- A check for the amount of $420.00 to cover the filing fee

- Completed and signed for G-1145

- Form G-325A filed by S with passport style photo of S

- Form G-325A filed by J with passport style photo of J

- US Birth Certificate of S

- Marriage Certificate

- Foreign Birth Certificate of J

- Evidence of Bona Fide marriage (photos, our story, joint bank account statement, etc)

I-485 Package

- Form I-485 filed by J

- A check for the amount of $1070.00 to cover the filing fee

- Foreign Birth Cartificate of J

- All pages of J's passport

- Two additional passport-style photos of J

- Form G-325A filed by J

- Sealed form I-693

- Form I-864 filed by S

- S's most recent (2015) tax return

- Transcript of S's 2015 Tax Return from the IRS

- 6 months worth of paystubs of S

- I-131 filed by S (or by J? Not sure. Please answer)

- I-765 filed by S (or by J? Not sure. Please answer)

All together it sounds like I will need 4 passport-style photos of J and 1 of S.

I don't have info related to the adjustment of status as I came here using a CR1 visa. My comment is related to the fees. Be aware the fees change on Dec 23. So if you are going to send these forms after that day the cost increments. See information here: https://www.uscis.gov/forms/our-fees

Edited December 15, 2016 by Eric & Idalia

[EM_Vandaveer 2,408]

ESTA does not do police check ....it is fragile and some countries do not report in a way the USA would like so this is wrong " ESTA issuance process would have taken care of any criminal background the applicant might have had in the home country."

The ESTA application collects biographic information and answers to VWP eligibility questions. - https://www.cbp.gov/travel/international-visitors/esta

Even so, every applicant goes through biometrics, FBI name check, etc.

[EM_Vandaveer 2,408]

As others have said front load the application with a covering letter clearly stating the obvious ( you have the certificates) even though you think you are repeating yourself. More than one set of eyes will be looking at your application.

• Confirmation you entered into a valid marriage, cover that there were no previous marriages (a statement from a priest back home or a quick visit by partner to a notary public)
• Confirm Eligibility of application for "Adjustment of Status" - you want to be able to knock each reason to deny you off the list. You are in the "sham marriage" timeline zone of fake or arranged marriages so plan for USCIS to dig deeper, why? The big majority of applicants file a Form I-130, wait months and go to the U.S. consulate to attend an interview, a number do not because they get frustrated with the wait and enter the USA on a tourist or other visa and then adjust status. One spoiler spoils it for a lot more later and repeats of the same tricks by others simply get the alarm bells ringing.
• Your ability to provide sufficient financial support, not just your side, his life costs as well, to be able to walk away from a country and a past life without a bill to be paid, credit card and no income (he cannot work for c.90 days before getting employment approval if lucky) means covering this early in your introductory letter separates you from the fakers. It is worth mentioning that the person has not had a work life where they needed social security or other assistance - USCIS will be wary and will ask.

It may sound like hard work and an invasion of your privacy, it is, but dealing with it in an open manner will speed up the flow for you.

Others who have posted are totally correct in their assumptions and their advice on the forms is good.

Best of luck.

Sham marriage timeline zone????

Why? I see no reason to say that.

I entered on VWP, got married 11 days later, filed for AOS maybe a week before my 90 days were up. Nobody ever indicated to me that I was suspected of fraud.

You've no idea if OP husband came in, not planning to stay and then changed his mind, proposed, they got married and now wants to stay. You're assuming he came with intent.

Edited December 15, 2016 by EM_Vandaveer

[OvernightSiren 2]

You said "etc" so just wanted to chime in with a personal experience for your benefit.

My interviewing officer cared very much for this and said this was the bread and butter of the I-130 petition. What documentation do you have that has both your names on it? The stories and photos are nice (especially if the photos are over a wide time frame and are not just selfies of you two), but they won't cut it. Neither will just a bank statement, no matter how long the account has had both your names on it, etc. If you can add in any joint bills, joint leases, etc, it'll be better for you. Pad out as much as you can on this end.

This is what worries me the most. We will only have one bank statement with our names on it. We live with my mom so I do not have any lease or anything under my own name. I have photos over a very wide date range with my best friends and closest family. Is there anything else you can think of to pad this section?

Alternatively, will they give us more time to provide more proof by the time our meetings start?

[Cadence 20]

I don't know what any IO might say, but based on what my IO said, a single bank statement won't cut it as proof of bona fide marriage. The IO gave us advice about what documentations would help during my ROC to show bona fide marriage, so I'll share them with you.

• Make sure addresses for both I-130 and I-485 are the same. This will lead to the least amount of headaches possible.
• Show documentation of living in that address such as driver licenses, receiving mail (like bills) with both your names on it at the same address, any school/work documentation registering that address as both your home, emergency contact information filed with any healthcare places showing each other's name/phone/address
• Get your mom to write and sign an affidavit saying that you both live with her (how long - especially if he moved in because you two married, why) and that the lease is under her name. If you can work it out with her, add you and your husband's name to the utility bill with her.
• Get as many of your closest friends/family to write affidavits attesting to you two having a genuine marriage, how long they have known you, etc.
• Power of attorney? Living wills?
• Do you have a car? How do you get around? Can you buy a cheap used car and get your husband to sign for the purchase with you? Added to that can be the car insurance and registration with both your names on it as a bonus.
• Do you have health insurance? Does your husband? Can one of you get on the other's insurance plan as a spouse?
• Are you in a situation where you can move out? Can you at least do some research, contact some realtors and get documentation of them talking to you two as husband and wife intending to live together as a family somewhere along with the places you two are thinking of residing together? It doesn't mean you HAVE to move into those places at all, but the intent to move out together as husband and wife can be nice.

[OvernightSiren 2]

I don't know what any IO might say, but based on what my IO said, a single bank statement won't cut it as proof of bona fide marriage. The IO gave us advice about what documentations would help during my ROC to show bona fide marriage, so I'll share them with you.

• Make sure addresses for both I-130 and I-485 are the same. This will lead to the least amount of headaches possible.
• Show documentation of living in that address such as driver licenses, receiving mail (like bills) with both your names on it at the same address, any school/work documentation registering that address as both your home, emergency contact information filed with any healthcare places showing each other's name/phone/address
• Get your mom to write and sign an affidavit saying that you both live with her (how long - especially if he moved in because you two married, why) and that the lease is under her name. If you can work it out with her, add you and your husband's name to the utility bill with her.
• Get as many of your closest friends/family to write affidavits attesting to you two having a genuine marriage, how long they have known you, etc.
• Power of attorney? Living wills?
• Do you have a car? How do you get around? Can you buy a cheap used car and get your husband to sign for the purchase with you? Added to that can be the car insurance and registration with both your names on it as a bonus.
• Do you have health insurance? Does your husband? Can one of you get on the other's insurance plan as a spouse?
• Are you in a situation where you can move out? Can you at least do some research, contact some realtors and get documentation of them talking to you two as husband and wife intending to live together as a family somewhere along with the places you two are thinking of residing together? It doesn't mean you HAVE to move into those places at all, but the intent to move out together as husband and wife can be nice.

I am not moving out prior to this process. That is not an option.

WE have a very short time window because the filing fees for these forms is increasing soon, so I do not have time to add him to various accounts and then wait for them to mail me bills. Also, is he even able to have his name on accounts when he is not a citizen and simply here on a VWP?

As far as affidavits go, how do I actually do that? Do I have to have them write something and then go to the county clerk to have it notarized?

[Cadence 20]

I'm not a citizen and I'm able to have bank accounts and such with a valid ID with my husband. As mentioned earlier by someone, you have the option to prepare all of these for the interview, but if that's the case you need to be very proactive about presenting the documentation to the IO. Don't do what we did at ours and wait for the IO to finish his line of questioning to provide various evidence a piece at a time. Basically needs to be like... BAM, here's our stuff. We have a lot of documentation that show things with both our names on it, and we can explain every single one + their relevance/timeline throughout our marriage.