Seeking Some Clarification About Bona Fide Marriage And My AoS

[arken 4,197]

3 hours ago, James120383 said:

 

She plans to file VAWA which allows to AOS.

OP’s current posts say otherwise.

 

3 hours ago, DeadliftingDad said:

 Him never making my AoS a priority even though we had the money. There was always an excuse not to file.  I eventually took the matter into my own hands and asked a friend for a personal loan, so I could pay off the lawyer and the accountant for his income taxes.  I found out he hasn't paid his income taxes for at least the last three years. 

He needs to be the primary sponsor regardless and he as to sign the i864 form and he has to be paying income taxes to be a sponsor. As others have pointed out, how are you able to submit i864?

Edited June 27, 2020 by arken

[DeadliftingDad 3]

1 hour ago, Timona said:

Just curious. If he wasn't cooperative,  how'd you get him to sign the AOS papers? Or how'd you get his signature?

This is a valid question

 

When we originally sat down with the lawyer (July '18) we signed everything.  The lawyer originally said we need his income tax forms before we can submit everything fully.  Eventually the lawyer said we can submit the package without the tax forms, but they'll need to done by the time of our interview.  If there were missing signatures later on I simply said, "The lawyer needs you to sign this."

[Duke & Marie 1,389]

6 hours ago, DeadliftingDad said:

Morning everyone!

 

I was wondering if someone could help me clarify something regarding AoS, in particular the I-765, and proving you one was in a bona fide marriage.

 

I was doing some research on here, and it seems some individuals have separated/divorced their spouse while going through the process of AoS.  I have been in my marriage for nearly three years now, and unable to work due to my husband not filing the forms.  I eventually took matters into my own hands and submitted all the paperwork the lawyers needed, which included plenty of evidence we were in a bona fide marriage (a lease agreement with both our names on it, joint credit cards, birthday and anniversary cards written to each other, plane tickets to different cities we traveled together, our healthcare cards, too).

 

If I'm reading correctly, it seems it is possible to separate from my partner while I'm going through an AoS.  But I was hoping I can get some more clear insight.  I talked to my lawyer about this, and they simply said "Wait until you get your receipt to discover what your options are"

 

If it helps my case, these are the forms that were filed: I-130, I-131, I-485, I-765, I-864, I-944

You can’t file i130 or I864 without your husband even with a lawyer... 

[Duke & Marie 1,389]

5 hours ago, James120383 said:

Staying put and file as spouse of US citizen or file VAWA with 

She plans to file VAWA which allows to AOS. separation is not issue as long as marriage was entered in good faith

Incorrect, she decided against VAWA due to the time it takes and ability to work.. 

 

looks like shes filed all forms for Standard AOS, without husband’s assistance 

[Duke & Marie 1,389]

1 hour ago, DeadliftingDad said:

This is a valid question

 

When we originally sat down with the lawyer (July '18) we signed everything.  The lawyer originally said we need his income tax forms before we can submit everything fully.  Eventually the lawyer said we can submit the package without the tax forms, but they'll need to done by the time of our interview.  If there were missing signatures later on I simply said, "The lawyer needs you to sign this."

It’s unfortunate but your situation appears to have changed post signature but pre submission...

 

is it legally permissible that you now file knowing what your submitting is false due to it no longer being relevant, true or correct? it could potentially be considered as fraudulent...

 

i mean, your submitting it as his wife saying the relationship is current... when in fact your separated, and if not yet separated yet your very close to being and potentially putting yourself in a situation where your staying married long enough to get the papers submitted purely for a GC... and doing it without husband’s consent, irrespective of the forms being predated... if you split and he can prove you’ve done this your opening a big bag of worms that I would seriously advise against doing 

Edited June 27, 2020 by Duke & Marie

[DeadliftingDad 3]

18 minutes ago, Duke & Marie said:

You can’t file i130 or I864 without your husband even with a lawyer... 

 

My husband signed these papers. 

 

14 minutes ago, Duke & Marie said:

Incorrect, she decided against VAWA due to the time it takes and ability to work.. 

 

looks like shes filed all forms for Standard AOS, without husband’s assistance 

 

7 minutes ago, Duke & Marie said:

It’s unfortunate but your situation appears to have changed post signature but pre submission...

 

is it legally permissible that you now file knowing what your submitting is false due to it no longer being relevant, true or correct? it could potentially be considered as fraudulent...

 

i mean, your submitting it as his wife saying the relationship is current... when in fact your separated, and if not yet separated yet your very close to being and potentially putting yourself in a situation where your staying married long enough to get the papers submitted purely for a GC... and doing it without husband’s consent.. 

 

 

You're correct about VAWA

 

I had all the forms filled out by the lawyer, and my husband. He happily signed everything. There were no fraudulent signatures. 

 

I didn't get his assistance for the funding. Even though he makes enough money to support the household, he never made my GC a priority.

 

I took out a personal loan to pay for the accountant's fees (so we can get his income taxes) and I also paid the lawyers fees. I was tired of waiting for him to do the work, so I decided to do it by finishing everything with the lawyer.  The relationship is still current and we are working through things.  Right now I'm exploring my options to find out if things take a turn for the worse.

[SalishSea 17,837]

52 minutes ago, DeadliftingDad said:

 

My husband signed these papers. 

 

 

 

 

You're correct about VAWA

 

I had all the forms filled out by the lawyer, and my husband. He happily signed everything. There were no fraudulent signatures. 

 

I didn't get his assistance for the funding. Even though he makes enough money to support the household, he never made my GC a priority.

 

I took out a personal loan to pay for the accountant's fees (so we can get his income taxes) and I also paid the lawyers fees. I was tired of waiting for him to do the work, so I decided to do it by finishing everything with the lawyer.  The relationship is still current and we are working through things.  Right now I'm exploring my options to find out if things take a turn for the worse.

So he is willing to go to the interview with you?

[HRQX 4,145]

6 hours ago, Quarknase said:

Bottom line only US Citizens are guaranteed entry to the United States

Note the complete list is:

• US nationals (i.e. US citizens, American Samoans, Swains Islanders, and CNMI individuals that chose not to get US citizenship); and
• American Indians born in Canada (with at least 50% American Indian blood)

[geowrian 22,337]

If you want to AOS based upon the marriage with him as the petitioner, you will need his cooperation. This means you need an I-864 from him (and hope he doesn't withdraw it...which he can do at any time before AOS approval) and will need him at the interview. And you would need to be honest about the relationship at the interview.

In short, don't expect this to go well.

 

VAWA is an option if you can demonstrate eligibility. As noted before, the abuse must be on you, not to others.

As for video evidence, USCIS does not accept electronic media. You would need to print out relevant frames and/or provide a transcript. They will not accept a video file from you.

 

Edit: Also, to AOS based on the marriage, the marriage must still exist. If the marriage relationship is broken before approval, the I-130 must be denied (and therefore the I-485 with it).

Edited June 28, 2020 by geowrian

[Duke & Marie 1,389]

1 hour ago, DeadliftingDad said:

 

My husband signed these papers. 

 

 

 

 

You're correct about VAWA

 

I had all the forms filled out by the lawyer, and my husband. He happily signed everything. There were no fraudulent signatures. 

 

I didn't get his assistance for the funding. Even though he makes enough money to support the household, he never made my GC a priority.

 

I took out a personal loan to pay for the accountant's fees (so we can get his income taxes) and I also paid the lawyers fees. I was tired of waiting for him to do the work, so I decided to do it by finishing everything with the lawyer.  The relationship is still current and we are working through things.  Right now I'm exploring my options to find out if things take a turn for the worse.

I’m sorry, but your story is changing faster than the wind.. you initially stated he’s uncooperative and you filed yourself.. then moved on to filing while separated/divorced and violence, but not wanting to do DV route because it’s too slow.  now you’re back to the start with him signing everything happily.. 

 

if youre still together trying to work to work things out, why are you asking how to do the process while separated/divorced? It’s counter productive to rectifying the relationship, you’re either in or out, not one foot in each.. and unfortunately gives the impression that it’s the GC your more concerned about which may by why your husband’s moods are like they are and his reluctance to move forward with AOS.. 

 

id suggest you work out what your doing with the relationship, then work out how to file AOS

Edited June 28, 2020 by Duke & Marie

[Villanelle 4,122]

21 minutes ago, Duke & Marie said:

I’m sorry, but your story is changing faster than the wind..

I agree and its unfortunate. I have been refraining from commenting due to such. Some key facts keep changing. Its abuse, then borderline abuse, then abuse but directed at someone else. Theres mention of using a 3rd person for obtaining the GC which they do and dont have a relationship with (depending on what would be required for approval in the scenario they are asking about). Mention of them being husband/wife and not husband/husband but then a bit about husband saying he has a long line of guys wanting to hook up with him.  I dont want to use the T word (troll)- it seems more like visa shopping which is against TOS. Asking mods to review.

[Boiler 45,531]

What about the Boyfriend you were thinking of marrying after you divorce?

[DeadliftingDad 3]

2 hours ago, Jorgedig said:

So he is willing to go to the interview with you?

That he is

1 hour ago, geowrian said:

If you want to AOS based upon the marriage with him as the petitioner, you will need his cooperation. This means you need an I-864 from him (and hope he doesn't withdraw it...which he can do at any time before AOS approval) and will need him at the interview. And you would need to be honest about the relationship at the interview.

In short, don't expect this to go well.

 

VAWA is an option if you can demonstrate eligibility. As noted before, the abuse must be on you, not to others.

As for video evidence, USCIS does not accept electronic media. You would need to print out relevant frames and/or provide a transcript. They will not accept a video file from you.

 

Edit: Also, to AOS based on the marriage, the marriage must still exist. If the marriage relationship is broken before approval, the I-130 must be denied (and therefore the I-485 with it).

 

Thank you for this reply. I do appreciate it

 

20 minutes ago, Boiler said:

What about the Boyfriend you were thinking of marrying after you divorce?

This is my very last option

 

1 hour ago, Villanelle said:

I agree and its unfortunate. I have been refraining from commenting due to such. Some key facts keep changing. Its abuse, then borderline abuse, then abuse but directed at someone else. Theres mention of using a 3rd person for obtaining the GC which they do and dont have a relationship with (depending on what would be required for approval in the scenario they are asking about). Mention of them being husband/wife and not husband/husband but then a bit about husband saying he has a long line of guys wanting to hook up with him.  I dont want to use the T word (troll)- it seems more like visa shopping which is against TOS. Asking mods to review.

I understand how things can be perceived, but I'm simply trying to get options.  I'm not visa shopping.  I entered my marriage in good faith, but after dealing with so much of his stuff, being blamed for his depression, him belittling me and being violent with me I had close to enough. Furthermore, him always wanting to put off my visa when I asked him to contact the lawyer.  Like I said, I'm wanting to work on things with him, but I'm wanting a Plan A, Plan B, Plan C and Plan D

[Villanelle 4,122]

34 minutes ago, DeadliftingDad said:

 

 

I understand how things can be perceived, but I'm simply trying to get options.  I'm not visa shopping.  I entered my marriage in good faith, but after dealing with so much of his stuff, being blamed for his depression, him belittling me and being violent with me I had close to enough. Furthermore, him always wanting to put off my visa when I asked him to contact the lawyer.  Like I said, I'm wanting to work on things with him, but I'm wanting a Plan A, Plan B, Plan C and Plan D

That's the point. There is no plan A B or C when it comes to determining immigration status here. You need to live your life and any immigration benefits or consequences are what they are.  The other way is fraud/planning your life around benefits- not allowed by USCIS and not allowed on VJ

[Duke & Marie 1,389]

1 hour ago, Boiler said:

What about the Boyfriend you were thinking of marrying after you divorce?

If this is true... forget AOS now, divorce, marry the new guy and have him be the financial sponsor... anything other could be considered as visa fraud or simply doing over current husband, not very nice really... old guy is good enough to put on hook for  public charge but not good enough to stay with 🤨

 

And FYI for OP.. kind of hard to fix a relationship with your husband if you have a guy on the side.. 🙄

Edited June 28, 2020 by Duke & Marie