Advice on when to file for AOS needed

[BarnacleBill 0]

Hi there,

 

I’m in need of advice regarding when to apply for AOS. Let me fill you in on the particulars of my situation.

 

I came to the USA in September 2019 under the VWP and had no intention of staying, but a couple of weeks before I was due to return to England, my USC wife asked me to stay and told me about the AOS process. Eventually, I agreed and figured we would get the ball rolling shortly after. As you are likely aware, the entire world changed just a few months later. This threw a big wrench in our plans. My wife lost her job early on, and we struggled in 2020 so our AOS plans were put on hold.

 

Fast forward to 2021 and my wife got back into work early on. Right now, we are doing well financially and we are in a good place in that respect to cover all the financial requirements of the AOS process.

 

During the pandemic, I’ve been an avid browser of VisaJourney in preparation for learning what I needed to do to make sure everything would go smoothly once we were ready. I say this to explain that I’m very aware that USCIS really want to see evidence of financial connections between a couple as part of the marriage bonafides evidence.

 

My problem is this.

 

I attempted to obtain an ITIN number in 2020, but found out I didn’t qualify to file for it at the time as I didn’t meet the exceptions to apply at any time of the year. I didn’t find out until way later that if I wanted one, we would have to file a tax return and submit a W-7 to get one.

 

I wanted the ITIN so we could open up a joint bank account. Also, it would’ve enabled my wife to be able to add me to other things like a mortgage (we are looking to buy, but it’s my understanding I can’t be added to it without an ITIN or SSN).

 

We have other bona fides we can provide as evidence of our marriage being genuine such as WhatsApp transcripts, photos, a few bank statements of money being sent and received. My concern is that it’s not strong enough evidence compared to having a joint bank account, or on a car lease or a phone plan, etc.

 

My question to you the reader is, should we just put together our AOS package now with everything we have and get in the queue? Or should we wait until my wife can submit her tax return, with her filing as married filing jointly, get an ITIN and then use that to create deeper financial functions to each other before we apply for AOS.

I’m concerned about not applying with enough solid evidence and having our application rejected. If biding our time a little longer is best, I’m okay with that. I’d just like a more informed opinion from you all because you really know your stuff compared to places like Reddit or Google.

 

Thank you so much for your time and I appreciate any feedback you can give me.

 

- BB

[Allaboutwaiting 2,503]

There are a few things you can do that do not require an ITIN nor SSN such as a will, a power of attorney, adding you as beneficiary on her life insurance and beneficiary on her bank account in case of death. 

If you have traveled together, you can include passport stamps, boarding passes, hotel bookings, etc.

You can also ask relatives/friends to write affidavits. 

For the evidence that you do not have, write a letter explaining why. 

 

The sooner you file, the better as you have been out of status for quite a while. 

 

And remember not to leave the US without advance parole as you would be banned for 10 years.

Edited January 7, 2022 by Allaboutwaiting

[Crazy Cat 42,254]

6 hours ago, BarnacleBill said:

Hi there,

 

I’m in need of advice regarding when to apply for AOS. Let me fill you in on the particulars of my situation.

 

I came to the USA in September 2019 under the VWP and had no intention of staying, but a couple of weeks before I was due to return to England, my USC wife asked me to stay and told me about the AOS process. Eventually, I agreed and figured we would get the ball rolling shortly after. As you are likely aware, the entire world changed just a few months later. This threw a big wrench in our plans. My wife lost her job early on, and we struggled in 2020 so our AOS plans were put on hold.

 

Fast forward to 2021 and my wife got back into work early on. Right now, we are doing well financially and we are in a good place in that respect to cover all the financial requirements of the AOS process.

 

During the pandemic, I’ve been an avid browser of VisaJourney in preparation for learning what I needed to do to make sure everything would go smoothly once we were ready. I say this to explain that I’m very aware that USCIS really want to see evidence of financial connections between a couple as part of the marriage bonafides evidence.

 

My problem is this.

 

I attempted to obtain an ITIN number in 2020, but found out I didn’t qualify to file for it at the time as I didn’t meet the exceptions to apply at any time of the year. I didn’t find out until way later that if I wanted one, we would have to file a tax return and submit a W-7 to get one.

 

I wanted the ITIN so we could open up a joint bank account. Also, it would’ve enabled my wife to be able to add me to other things like a mortgage (we are looking to buy, but it’s my understanding I can’t be added to it without an ITIN or SSN).

 

We have other bona fides we can provide as evidence of our marriage being genuine such as WhatsApp transcripts, photos, a few bank statements of money being sent and received. My concern is that it’s not strong enough evidence compared to having a joint bank account, or on a car lease or a phone plan, etc.

 

My question to you the reader is, should we just put together our AOS package now with everything we have and get in the queue? Or should we wait until my wife can submit her tax return, with her filing as married filing jointly, get an ITIN and then use that to create deeper financial functions to each other before we apply for AOS.

I’m concerned about not applying with enough solid evidence and having our application rejected. If biding our time a little longer is best, I’m okay with that. I’d just like a more informed opinion from you all because you really know your stuff compared to places like Reddit or Google.

 

Thank you so much for your time and I appreciate any feedback you can give me.

 

- BB

You are wasting time, imo....and you are deportable.  I would file as soon as possible. 

[Dashinka 24,786]

I agree, get the AOS in the system ASAP with all the required evidence.  You can continue to gather marriage evidence that can be taken to the interview.

 

Good Luck!

[BarnacleBill 0]

Thank you for your replies Allaboutwaiting, Crazy Cat and Dashinka.

 

Taking your advice into consideration, I’m going to start preparing everything now and get things ready to submit as soon as possible.

 

Out of the things mentioned, I’m on my wife’s health insurance policy already (although only for Dental currently) and I’m also on her life insurance policy.

 

In the meantime, we plan on filing taxes jointly for the first time this year. Would we need to apply for an ITIN to do that at the same time? I’m aware that filing the I-765 with your AOS application to get your EAD means you get your SSN too, so it renders the ITIN pointless, but we want to make sure we can file together to strengthen our financial connection and our application.

 

At the interview, we can bring the latest evidence we hope to obtain and it’s not toon late right? So we could bring say a joint tax return, or proof of a joint bank account and they won’t say it’s too late to submit this extra evidence?

 

Finally, is it better to file the I-130 online these days and then file the rest via mail alongside the I-130 receipt? Or is it better to just mail the entire thing.

 

Thank you so much for your help everyone:

[Allaboutwaiting 2,503]

7 minutes ago, BarnacleBill said:

Thank you for your replies Allaboutwaiting, Crazy Cat and Dashinka.

 

Taking your advice into consideration, I’m going to start preparing everything now and get things ready to submit as soon as possible.

 

Out of the things mentioned, I’m on my wife’s health insurance policy already (although only for Dental currently) and I’m also on her life insurance policy.

 

In the meantime, we plan on filing taxes jointly for the first time this year. Would we need to apply for an ITIN to do that at the same time? I’m aware that filing the I-765 with your AOS application to get your EAD means you get your SSN too, so it renders the ITIN pointless, but we want to make sure we can file together to strengthen our financial connection and our application.

 

At the interview, we can bring the latest evidence we hope to obtain and it’s not toon late right? So we could bring say a joint tax return, or proof of a joint bank account and they won’t say it’s too late to submit this extra evidence?

 

Finally, is it better to file the I-130 online these days and then file the rest via mail alongside the I-130 receipt? Or is it better to just mail the entire thing.

 

Thank you so much for your help everyone:

You do need the ITIN or the SSN to file jointly. 

Even if you apply for the SSN when filling for the EAD, it will take quite a while, so filing jointly for 2021 won't be possible -unless you decide to file really late-.

 

Regarding evidence, it is customary to bring as much as you can for the interview.

 

And it is easier, cheaper and more convenient to file online.