Military Spouse, AOS from F-1 visa

[Anh Thuc Ochoa 1]

Good morning everyone,

Here is my story:

I'm 19 from Vietnam, my husband is 22.

I came to the USA 3 years ago under F-1 visa and maintain the F-1 visa ever since

I knew my husband online in February 2017, and we officially met in late March 2017 when he was on leaves, he was stationed in Fort Lee VA, so he had to fly back there on April 2nd for the graduation from training, and then he requested leaves again April 15th. We got married on April 19th, 2017 in Texas. 

We're looking at the documents and do all the paperwork for my AOS and:

My concern:

- Is our case week if we only knew each other for a short time and already got married and we're both young? (our marriage is real, we loved each other and I think we are still learning about each other every day even after the marriage)

- We're not living together since he is active duty (changed station continuously and will get deployed to Europe late September 2017) and I'm under F-1 visa studying in Texas (international student is complicated :(, transferring all over the US with hubby is not easy and it will affect my studying :((

- We only got married at the court house so there are no wedding pictures, also no witness at the married date

- He doesn't have me under his car insurance since we're not living together so we don't really want to pay extra because I will never use his car anyway

- Hubby hates taking pictures (for a passion, no matter what he will not take pictures with anyone, even his mom said there are only 3 pictures of him in the house), we went out with his friends but never took any pictures, but I have some selfies with him, and also pictures of me with his brother and his mom.

- We don't have honeymoon, no traveling together yet

My questions:

- Is my case considered weak because not living together?

- He will be deployed in September so if they call us for an interview he won't be able to go because he will be in Europe, what do I do?

- His tax transcript for 2016 is only $9000 for income, however, he is in the Army (joined since Septermber 2016), rank E-3 and annual pay is about $22000 (I look up in the Army page), in form I-864, part 6 question 2 they ask " My current individual annual income:, do I put the $22K?

- I'm working on campus as a tutor and I make about $7000 a year, do I have to file form I-864A ?

- His father is not on his birth certificate and he doesn't know much about his father either, so in form I-130 what do I put about his father place and date of birth?

** Some proofs of marriage I'm going to send

- Both of our parents know we're married, my relatives know too, my mom sent us the pair of wedding band that we're wearing

- We have a joint bank account

- He is the co-signer for my apartment in Texas

- We sent each other gifts in the mail

- I fled to Kansas (where he is stationed now) and he fled to Texas, we visit each other

- We're doing a long distance so I take screen shots of our convos and face time call

- I'm registered under DEERS (so my insurance has his name) and have the dependent military ID

--> MAIN QUESTION: Should I apply for the green card now or should I wait until he comes back from the deployment (so the relationship time is longer)?

Thank you so much in advance

Edited August 13, 2017 by anhnguyen190398

[Crazy Cat 41,984]

As a military retiree, I suggest your husband speak to his base legal office.  They can probably help since military life is different from normal civilians.

[Coco8 1,042]

37 minutes ago, anhnguyen190398 said:

My concern:

- Is our case week if we only knew each other for a short time and already got married and we're both young? (our marriage is real, we loved each other and I think we are still learning about each other every day even after the marriage)

- We're not living together since he is active duty (changed station continuously and will get deployed to Europe late September 2017) and I'm under F-1 visa studying in Texas (international student is complicated :(, transferring all over the US with hubby is not easy and it will affect my studying :((

- We only got married at the court house so there are no wedding pictures, also no witness at the married date

- He doesn't have me under his car insurance since we're not living together so we don't really want to pay extra because I will never use his car anyway

- Hubby hates taking pictures (for a passion, no matter what he will not take pictures with anyone, even his mom said there are only 3 pictures of him in the house), we went out with his friends but never took any pictures, but I have some selfies with him, and also pictures of me with his brother and his mom.

- We don't have honeymoon, no traveling together yet

 

Wedding pictures are not necessary

Pictures are not necessary

Honeymoon/Travel is not necessary 

 

37 minutes ago, anhnguyen190398 said:

My questions:

- Is my case considered weak because not living together?

- He will be deployed in September so if they call us for an interview he won't be able to go because he will be in Europe, what do I do?

- His tax transcript for 2016 is only $9000 for income, however, he is in the Army (joined since Septermber 2016), rank E-3 and annual pay is about $22000 (I look up in the Army page), in form I-864, part 6 question 2 they ask " My current individual annual income:, do I put the $22K?

- I'm working on campus as a tutor and I make about $7000 a year, do I have to file form I-864A ?

Not living together is a big problem. The fact that he is not in the US can be another problem. 

Your income is not relevant for i-864, only his income.

 

37 minutes ago, anhnguyen190398 said:

** Some proofs of marriage I'm going to send

- Both of our parents know we're married, my relatives know too, my mom sent us the pair of wedding band that we're wearing

- We have a joint bank account

- He is the co-signer for my apartment in Texas

- We sent each other gifts in the mail

- I fled to Kansas (where he is stationed now) and he fled to Texas, we visit each other

- We're doing a long distance so I take screen shots of our convos and face time call

- I'm registered under DEERS (so my insurance has his name) and have the dependent military ID

Parents knowing of marriage is weak

Gifts/Visit/Face time/ is totally useless. That is a relationship, not marriage.

Joint account is only useful if you use it. 

Insurance is OK. 

 

37 minutes ago, anhnguyen190398 said:

 MAIN QUESTION: Should I apply for the green card now or should I wait until he comes back from the deployment (so the relationship time is longer)?

You cannot apply right now. It will get denied and you are going to get in trouble with F1. You are not living in the same address, you have nothing together. You have evidence of a boyfriend not evidence of a spouse. 

 

Do you have 1 year left of college? Do you get OPT?

 

I'd wait until your use all your F1/OPT. Then, you move to his place, you will have the same address, share utilities, etc. After 2 months you can file. 

 

Right now you are not living together and you have almost no evidence. You will get a request for more evidence and you have nothing to show.

 

Edited August 13, 2017 by Coco8

[ValeZamp 5]

1) Europe is not a deployment. It either his new duty station or his tdy for x months. But not a deployment. 

2) Are you command sponsored? If so send the command sponsor paperwork.

3) Are you enrolled in Tricare? If so send the Tricare papers.

4) Are you in his military life insurance as beneficiary? If so send the paper.

5) Are you in his "emergency point of contact" as his wife? If so, send that too.

 

Talk to JAG.

Edited August 13, 2017 by ValeZamp

[WandY 430]

Missleman's advice to speak to base legal office is good advice. Your case looks weak and and maybe a little suspicious. This is why F-1 visas are becoming harder to obtain - you should focus on school, not worrying about immigration issues. I hope your university grades and advancement look good. You should be getting ready to graduate in the near future. Failure to advance under student visa is a good reason for revocation - in other words, you need to be moving towards a degree. You need to be with your husband and proving that you are in a marriage. Photos aren't necessary, but they probably help. Having your name on insurance and other documents is a must. Hope it works out for you.