I-130

[NikkiR123 35]

just a question, do the USCIS officers take the length of time you've been married into account when approving the I-130 application ? my husband and I have been married four years this July so I'm wondering if they would look at that more than just the evidence we submitted ?

[mushroomspore 3,044]

10 minutes ago, NikkiR123 said:

just a question, do the USCIS officers take the length of time you've been married into account when approving the I-130 application ? my husband and I have been married four years this July so I'm wondering if they would look at that more than just the evidence we submitted ?

The only way that length of marriage affects the decision is that the length of marriage AT THE TIME OF APPROVAL determines whether you get a 2-year green card or 10-year green card. All couples - whether together for a short time or long time - are expected to provide bonafide evidence as outlined in the instruction packets. From USCIS' perspective, they give the most weight to evidence of financial co-mingling and co-habitation. Being married for a long time does not exempt anyone from providing this evidence.

Edited July 12, 2021 by mushroomspore

[Jill Mackie 76]

3 minutes ago, mushroomspore said:

The only way that length of marriage affects the decision is that the length of marriage AT THE TIME OF APPROVAL determines whether you get a 2-year green card or 10-year green card. All couples - whether together for a short time or long time - are expected to provide bonafide evidence as outlined in the instruction packets. From USCIS' perspective, they give the most weight to evidence of financial co-mingling and co-habitation. Being married for a long time does not exempt anyone from providing this evidence.

My husband is incarcerated so we don't have a history of financial co-mingeling  or co-habitation so that can't be what they give most weight too. I'm sure being married 4 + years as the OP said must have some bearing and I'm assuming they have co mingling of finance and co habitation.  

[mushroomspore 3,044]

1 minute ago, Jill Mackie said:

My husband is incarcerated so we don't have a history of financial co-mingeling  or co-habitation so that can't be what they give most weight too. I'm sure being married 4 + years as the OP said must have some bearing and I'm assuming they have co mingling of finance and co habitation.  

Your situation is a bit of an outlier, so I don't doubt that USCIS will consider your case a tad differently than most. But financial co-mingling and co-habitation are indeed what USCIS gives the most weight to, on average. These are the evidence types that they clearly list out in their instruction forms for I-130 and I-485. On average, this is what they expect from couples applying for spousal visas and green cards through marriage.

[JeanneAdil 6,652]

I added Adil to my house with a quick claim deed before he even came to the US and to my checking and tax returns

so  the officer wanted to know about what we had together since his arrival,  and he showed them an agreement where we bought a car together

joint finances and living together are the important thing 

4 years of marriage ? we were married 5 before he even got his visa  as many are so no

it is how long married living together in the US from the date that is on your green card as a permanent resident plus you must have lived in the service district that has jurisdication in your state  for 3 months before applying 

 

 Check your green card (permanent resident card) for the exact date on which you became a permanent resident

[USC4SPOUSE 506]

@NikkiR123, I would say that they take into how long you've been married. After all, USCIS grants a 10 year green card if you have been married for 2 years or longer when they approve your case. Now, the longer you've been married, the longer the evidence trail should be. I am not saying everyone has to have a 401k or IRAs. But one should be able to provide a paper trail since the time you've met. It should not look like you met on Monday, married on Wednesday and filed for AOS on Friday. (And I know you submitted plenty)

 

(I think their case may have faced more scrutiny had they taken the consular filing route.)

 

Is that the rule, though? No, It comes down to the officer sometimes. As you know, they have ample discretion. I know of a couple who lived abroad for a long time and they had a child. They had no paper trail to show for any of those years. All they had was the birth certificate of a child. The officer approved them on the spot and even gave the husband the I-551 stamp which officers simply do not do anymore. 

 

Just like I know of another couple who had been married for a really long time and had 2 children. They did not really think they had to provide much evidence given that they had kids and they had been married years. Well, they ended up with a Stokes interview and a NOID, I think. Ultimately, it turned out fine because they did have the evidence to back up their filing. It's just that they did not submit it thinking that it was obvious that their marriage was real. 

 

 

 

Edited July 12, 2021 by USC4SPOUSE

[NikkiR123 35]

1 minute ago, USC4SPOUSE said:

@NikkiR123, I would say that they take into how long you've been married. After all, USCIS grants a 10 year green card if you have been married for 2 years or longer when they approve your case. Now, the longer you've been married, the longer the evidence trail should be. I am not saying everyone has to have a 401k or IRAs. But one should be able to provide a paper trail since the time you've met. It should not look like you met on Monday, married on Wednesday and filed for AOS on Friday. (And I know you submitted plenty)

 

Is that the rule, though? No, It comes down to the officer sometimes. As you know, they have ample discretion. I know of a couple who lived abroad for a long time and they had a child. They had no paper trail to show for any of those years. All they had was the birth certificate of a child. The officer approved them on the spot and even gave the husband the I-551 stamp which officers simply do not do anymore. 

 

Just like I know of another couple who had been married for a really long time and had 2 children. They did not really think they had to provide much evidence given that they had kids and they had been married years. Well, they ended up with a Stokes interview and a NOID, I think. Ultimately, it turned out fine because they did have the evidence to back up their filing. It's just that they did not submit it thinking that it was obvious that their marriage was real. 

 

 

 

my friend, thank you , oh yes we submitted tons. even with all the evidence we submitted I'm still nervous about it being approved .

[USC4SPOUSE 506]

1 minute ago, NikkiR123 said:

my friend, thank you , oh yes we submitted tons. even with all the evidence we submitted I'm still nervous about it being approved .

We all go into this process with some sort of worry/fear. I know that you will be fine. You covered the 3 major items that give people issues:

1. You submitted extensive evidence of bona fide marriage (I-130)

2. You're not inadmissible. (I-485)

3. You found a co-sponsor for the I-864. 

 

What I am really hoping is that they approve your I-130 in a month or two. That way you will have that approval under your belt when you attend your I-485 interview.  

[NikkiR123 35]

1 minute ago, USC4SPOUSE said:

We all go into this process with some sort of worry/fear. I know that you will be fine. You covered the 3 major items that give people issues:

1. You submitted extensive evidence of bona fide marriage (I-130)

2. You're not inadmissible. (I-485)

3. You found a co-sponsor for the I-864. 

 

What I am really hoping is that they approve your I-130 in a month or two. That way you will have that approval under your belt when you attend your I-485 interview.  

thank you my friend, I appreciate the positivity . 

[SalishSea 18,142]

22 hours ago, NikkiR123 said:

just a question, do the USCIS officers take the length of time you've been married into account when approving the I-130 application ? my husband and I have been married four years this July so I'm wondering if they would look at that more than just the evidence we submitted ?

No.