Proving bona fide relationship for AOS from F1

[Kellyjakpa96 0]

I came to the US January 2016 on F1 visa. I am still in status. I met my now wife September and we got married mid December. I dated my wife for 3-4 months and we got married legally in the church. She plans to petition for my AOS soon. She is pregnant. How does she being pregnant help proof the bona fide of our relationship? Please how does this improve the chance of an approval? I don't want to lose my wife. I want to stay with her. What are my chances in a scale of 1-10

[Mamabrown3 17]

Getting someone pregnant isn't the answer to your immigration woos. The child will be a US Citizen by birth and you still might and may have to prove you're the father.

To my understanding this is what some people may call an "anchor baby".

You have the child shouldn't even be part of your wondering about your status. I can understand you will not want to be split-up from your family. 

Understand that you are in a tougher boat than, if you had come here on a K1 or I-130.

Good Luck & H&H 9months to your wife.

[Kellyjakpa96 0]

Thanks so much. I have proofs of the bona fide of our marriage such as joint bank account , joint credit card account , wedding pics, engagement pics, affidavits of bonafide fide of relationship from my boss, evidence of living together, receipts of wedding and engagement rings, bank statement and letter from work place showing change of marital status, pics through out relationship. I want to know if all these plus the fact that my wife is pregnant is enough proofs for AOS through marriage. what do you think are my chances for approval.

[Cadence 20]

First, congrats on her pregnancy!

 

Unfortunately, her pregnancy alone is not enough proof of a bona fide relationship. All it proves definitively is that you may have had intercourse with her or donated your sperm in some way. What will help strengthen the proof and your ties with your wife is showing documents that show both your names such as utility bills, car/health insurance, and lease. You've dated and been married such a short time before filing. That's not an issue per se, and it's understandable that you may not have documents that are more than just affidavits and pictures yet. Submitting with what you have is fine, but start gathering documents like lease and bills with both your names on them to be prepared for the interview. 

 

As much as we'd like to tell you what your "chances" are at a successful AOS, we are not USCIS officers and we cannot read their minds. It's not a great question to be asking or focusing on.

[geowrian 22,337]

The pregnancy effectively has no bearing on your case.

[Transborderwife 4,666]

15 minutes ago, Mamabrown3 said:

Getting someone pregnant isn't the answer to your immigration woos. The child will be a US Citizen by birth and you still might and may have to prove you're the father.

To my understanding this is what some people may call an "anchor baby".

You have the child shouldn't even be part of your wondering about your status. I can understand you will not want to be split-up from your family. 

Understand that you are in a tougher boat than, if you had come here on a K1 or I-130.

Good Luck & H&H 9months to your wife.

wrong.  a child born in wedlock in most states is automatically assumed to be the fathers due to the laws of presumptive paternity in most states.  even in cases where it's physically impossible.

[Kellyjakpa96 0]

Thanks

[Mamabrown3 17]

10 hours ago, Transborderwife said:

wrong.  a child born in wedlock in most states is automatically assumed to be the fathers due to the laws of presumptive paternity in most states.  even in cases where it's physically impossible.

No. I know I'm not wrong because I know two cases in the last 24 months where the parent's of the child were married and the embassy still requested an DNA test on the child.

One couple I knew personally and like you I thought that too, but they in fact can ask for a test even with a birth certificate in hand. 

[Transborderwife 4,666]

1 minute ago, Mamabrown3 said:

No. I know I'm not wrong because I know two cases in the last 24 months where the parent's of the child were married and the embassy still requested an DNA test on the child.

One couple I knew personally and like you I thought that too, but they in fact can ask for a test even with a birth certificate in hand. 

I've experienced it where a DNA test wasn't enough to override the law without a divorce decree declaring her not a child of the marriage...my daughter.

[Kellyjakpa96 0]

My wife and I are gonna be filing tax jointly.  Is that also a good evidence? Should we use the joint tax details to fill the i-865? Or we should use her 2015 tax return she filed single?

[controlla 104]

15 hours ago, geowrian said:

The pregnancy effectively has no bearing on your case.

How?

 

If OP is actively involved (both physically and financially)  in his wife's pregnancy and is able to discuss joint future plans on how they raise their child during his AOS interview then the pregnancy should have a bearing on his case. This can be considered as bonafide evidence as long as they are actively making plans to raise their child together.

[geowrian 22,337]

Just now, controlla said:

How?

 

If OP is actively involved (both physically and financially)  in his wife's pregnancy and is able to discuss joint future plans on how they raise their child during his AOS interview then the pregnancy should have a bearing on his case. This can be considered as bonafide evidence as long as they are actively making plans to raise their child together.

As noted already ITT, a child doesn't provide proof of any ongoing relationship. People can have children and not get married or even like each other, but still work together for their child.

 

"should" is much different than what actually happens.

[Brit1 54]

On 1/3/2017 at 9:00 PM, Kellyjakpa96 said:

My wife and I are gonna be filing tax jointly.  Is that also a good evidence? Should we use the joint tax details to fill the i-865? Or we should use her 2015 tax return she filed single?

You should use her most recent tax return (so 2015 if you file soon, 2016 if you file after she's submitted that to the IRS).

 

With that said, when it comes to interview, you can bring your 2016 joint filing as evidence. I would echo others and advice to get both names on a lease for you current residence, renters insurance, car insurance, etc. These are stronger pieces of evidence that receipts for rings/wedding etc.