July 2022 - AOS Filers

[EatBulaga 307]

@grant2 You are posting the I-130 data graphs. Shouldn't you be following the I-485?

[grant2 15]

11 minutes ago, EatBulaga said:

@grant2 You are posting the I-130 data graphs. Shouldn't you be following the I-485?

 

I'm being sponsored by a relative petitioner, as I expect most of the people on here are.  Since the I-130 must be approved before the I-485 can be granted, it seems more relevant.

 

I suspect most people's I-485 is in "processing" status, like mine, while they wait for adjudication of the related I-130.  After an I-130 approval, I'd expect the I-485 approval will happen promptly & automatically shortly after.

[grant2 15]

There's only about half as many I-485 applications for the same cohort as I-130 applications.  These are only IOE records though.  I have the notion that relative petitions tend to get scanned into the IOE queue by default whereas some other forms (like I-140) seem to still be paper-only and listed under the various offices.  

 

We can see from the large blob of yellow on the right that most I-485 applications were instantly put in "Processing" status, and have been gradually approved (or rejected) going back in time.  We can also see that in the past month, an extraordinary number were immediately put into "Interview Scheduled"

 

 

[ritac23 11]

It's been 13.5 months since I submitted the I-485 paperwork and still nothing. Could this be because my field office (Omaha, NE) is just very slow (current processing time of 19.5 months)? Or should I assume there's a hangup on our case and I should prepare for an RFE soon?

 

At least I have my work permit so I can have a normal life...

[OldUser 6,107]

3 hours ago, ritac23 said:

It's been 13.5 months since I submitted the I-485 paperwork and still nothing. Could this be because my field office (Omaha, NE) is just very slow (current processing time of 19.5 months)? Or should I assume there's a hangup on our case and I should prepare for an RFE soon?

 

At least I have my work permit so I can have a normal life...

Probably slow field office.

[Chancy 6,239]

*** 3 off-topic posts split off to a separate thread in another sub-forum ***

 

On 9/6/2023 at 2:14 AM, grant2 said:

I'm being sponsored by a relative petitioner, as I expect most of the people on here are.  Since the I-130 must be approved before the I-485 can be granted, it seems more relevant.

 

No, this is the AOS from K1 sub-forum, so most people in this sub-forum should not have I-130 petitions filed for them as they were K1 visa holders, unless they did not marry within 90 days of US entry.  Please post I-130-related progress reports in the appropriate sub-forum for your case.  I split off your I-130 posts and moved them there -- https://www.visajourney.com/forums/forum/138-adjustment-of-status-case-filing-and-progress-reports/

 

[ritac23 11]

Hey all!

 

We just got an RFE from USCIS about our I-485. They're asking for proof that my husband and I share a marital life together. Have any of you had experience with this?

 

We obviously share a marital life together, but I now realize USCIS doesn't really have proof of that since we've been waiting 20 months by this point. The thing is, we never added each other to our individual credit cards or bank accounts, we do our joint finances differently (at the end of the month/quarter/year we pay each other for a share of the joint expenses taking into account that we earn different amounts). I was thinking of submitting:

 

- Pictures from the wedding

- Copy of the marriage certificate once again

- Pictures from trips we've taken throughout 2023 (latest one was September)

- Pictures of us and our cats (we don't have children, but they're our joint responsibility)

- 2022 joint tax return

- Joint health insurance policy

- Joint auto insurance policy

- Bills in my name & bills in my husband's name, showing we live at the same address

- Affidavit from his parents (they own the home we live in, we don't have a lease, they just let us live here, we're lucky)

- Affidavit from his best friend, who was a witness at our wedding

- Affidavit from our neighbors, who know we live together (is this one necessary? or could I leave it out to submit everything more quickly?)

 

Would this be enough? I was really not expecting to get this RFE and I'm afraid us not owning property together or having pooled our incomes would hurt us. I mean, there's a good explanation for everything (he bought the car because he had good credit and I had none when we arrived; we never thought to add each other to credit cards/banks because this system was working and life got in the way...).

 

I'd love your input!! Thank you!

[EatBulaga 307]

7 hours ago, ritac23 said:

Hey all!

 

We just got an RFE from USCIS about our I-485. They're asking for proof that my husband and I share a marital life together. Have any of you had experience with this?

 

We obviously share a marital life together, but I now realize USCIS doesn't really have proof of that since we've been waiting 20 months by this point. The thing is, we never added each other to our individual credit cards or bank accounts, we do our joint finances differently (at the end of the month/quarter/year we pay each other for a share of the joint expenses taking into account that we earn different amounts). I was thinking of submitting:

 

- Pictures from the wedding

- Copy of the marriage certificate once again

- Pictures from trips we've taken throughout 2023 (latest one was September)

- Pictures of us and our cats (we don't have children, but they're our joint responsibility)

- 2022 joint tax return

- Joint health insurance policy

- Joint auto insurance policy

- Bills in my name & bills in my husband's name, showing we live at the same address

- Affidavit from his parents (they own the home we live in, we don't have a lease, they just let us live here, we're lucky)

- Affidavit from his best friend, who was a witness at our wedding

- Affidavit from our neighbors, who know we live together (is this one necessary? or could I leave it out to submit everything more quickly?)

 

Would this be enough? I was really not expecting to get this RFE and I'm afraid us not owning property together or having pooled our incomes would hurt us. I mean, there's a good explanation for everything (he bought the car because he had good credit and I had none when we arrived; we never thought to add each other to credit cards/banks because this system was working and life got in the way...).

 

I'd love your input!! Thank you!

We did not have an I-485 RFE like your's, but we did have a couple of opportunities to respond to USCIS during our green card process (see our Profile). In both responses, we submitted quickly at the earliest.

 

My thoughts were if our paperwork is on some desk, best to respond sooner while it is near the top of the stack than to delay any more before it goes to the bottom of the pile. So if those evidences are all you have, I would submit them as soon as possible, and maybe include a short explanation to support the evidences in the cover letter along with a copy of the RFE letter. Good luck.

Edited November 18, 2023 by EatBulaga

[grant2 15]

8 hours ago, ritac23 said:

I'd love your input!! Thank you!

 

How about printouts from your employment benefits / life insurance / retirement accounts listing each other as beneficiaries?  

 

Also it's better late than never to get a joint bank account and a joint credit card.

 

I assume you don't have a prenup agreement, but if you did, I'd expect it's actually helpful to prove your entered marriage with serious intention.

[ritac23 11]

8 hours ago, grant2 said:

 

How about printouts from your employment benefits / life insurance / retirement accounts listing each other as beneficiaries?  

 

Also it's better late than never to get a joint bank account and a joint credit card.

 

I assume you don't have a prenup agreement, but if you did, I'd expect it's actually helpful to prove your entered marriage with serious intention.

We don't have any of those employment benefits/life insurance/retirement accounts listing each other as beneficiaries. We actually don't have any of those, period, because I am self-employed and he works for a not-so-great company in Texas. It was never an option for us.

 

We're meeting with a tax preparer early next year, that's when we were going to open a joint savings account. I thought of just getting that done now, but to me it seems USCIS would find that fishy? Why only do that now AFTER getting the account?

 

We also don't have a prenup. We are happy to go the traditional route of splitting assets acquired after the marriage. We were told we could do that by the county official who issued our marriage license.

 

All in all, we've been together for 6 years and have been living together for 5 years. We're very young (24 and 25), which I think explains why we don't have the exhaustive list of proof USCIS would like to see. We also both came into the marriage sufficiently independent on our own that he didn't have to care for me 100% financially (I had my savings, so we split expenses from the beginning). It's 150% a real marriage! It just feels so odd having to prove that with documents we don't always have lol

[Crazy Cat 41,288]

17 hours ago, ritac23 said:

Hey all!

 

We just got an RFE from USCIS about our I-485. They're asking for proof that my husband and I share a marital life together. Have any of you had experience with this?

 

We obviously share a marital life together, but I now realize USCIS doesn't really have proof of that since we've been waiting 20 months by this point. The thing is, we never added each other to our individual credit cards or bank accounts, we do our joint finances differently (at the end of the month/quarter/year we pay each other for a share of the joint expenses taking into account that we earn different amounts). I was thinking of submitting:

 

- Pictures from the wedding

- Copy of the marriage certificate once again

- Pictures from trips we've taken throughout 2023 (latest one was September)

- Pictures of us and our cats (we don't have children, but they're our joint responsibility)

- 2022 joint tax return

- Joint health insurance policy

- Joint auto insurance policy

- Bills in my name & bills in my husband's name, showing we live at the same address

- Affidavit from his parents (they own the home we live in, we don't have a lease, they just let us live here, we're lucky)

- Affidavit from his best friend, who was a witness at our wedding

- Affidavit from our neighbors, who know we live together (is this one necessary? or could I leave it out to submit everything more quickly?)

 

Would this be enough? I was really not expecting to get this RFE and I'm afraid us not owning property together or having pooled our incomes would hurt us. I mean, there's a good explanation for everything (he bought the car because he had good credit and I had none when we arrived; we never thought to add each other to credit cards/banks because this system was working and life got in the way...).

 

I'd love your input!! Thank you!

That should be more than enough.  I would also include a notarized letter explaining how you handle ordinary household expenses.  Good luck.

[EatBulaga 307]

27 minutes ago, ritac23 said:

We don't have any of those employment benefits/life insurance/retirement accounts listing each other as beneficiaries. We actually don't have any of those, period, because I am self-employed and he works for a not-so-great company in Texas. It was never an option for us.

 

We're meeting with a tax preparer early next year, that's when we were going to open a joint savings account. I thought of just getting that done now, but to me it seems USCIS would find that fishy? Why only do that now AFTER getting the account?

 

We also don't have a prenup. We are happy to go the traditional route of splitting assets acquired after the marriage. We were told we could do that by the county official who issued our marriage license.

 

All in all, we've been together for 6 years and have been living together for 5 years. We're very young (24 and 25), which I think explains why we don't have the exhaustive list of proof USCIS would like to see. We also both came into the marriage sufficiently independent on our own that he didn't have to care for me 100% financially (I had my savings, so we split expenses from the beginning). It's 150% a real marriage! It just feels so odd having to prove that with documents we don't always have lol

It sounds like you may need to include more than a short explanation to support your evidences.

I wouldn't create joint accounts just for the RFE. That would seem fishy.

Even if you have an abnormal financial arrangement, USCIS still needs to understand how that is a good faith bona fide relationship.

Explaining why not having a pre-nup may actually help your case if it fits in with your overall financial explanation, etc.

Whatever are your explanation or available evidences, I would submit them as soon as possible.

Edited November 18, 2023 by EatBulaga

[OldUser 6,107]

1 hour ago, ritac23 said:

We're meeting with a tax preparer early next year, that's when we were going to open a joint savings account. I thought of just getting that done now, but to me it seems USCIS would find that fishy?

 

1 hour ago, ritac23 said:

All in all, we've been together for 6 years and have been living together for 5 years. We're very young (24 and 25), which I think explains why we don't have the exhaustive list of proof USCIS would like to see. We also both came into the marriage sufficiently independent on our own that he didn't have to care for me 100% financially (I had my savings, so we split expenses from the beginning). It's 150% a real marriage! It just feels so odd having to prove that with documents we don't always have lol

 

Do you guys have bigger goals, like becoming homeowners? Or having an emergency fund in case if something bad happens to one of you?

This is when joint savings account may be useful. 

 

You don't have go ditch your personal checking / savings accounts. My spouse and I found it rewarding seeing our fund for downpayment growing month to month over 5 years. And then we got a house. The coolest part was when the APYs shoot up and monthly interest income was pretty substantial.

 

You can open a joint online HYSA now. Many banks offer it. You can can even get some bonuses with the first deposit. There's nothing fishy, you're just living life and planning ahead.

Edited November 18, 2023 by OldUser

[grant2 15]

2 hours ago, ritac23 said:

We're meeting with a tax preparer early next year, that's when we were going to open a joint savings account. I thought of just getting that done now, but to me it seems USCIS would find that fishy? Why only do that now AFTER getting the account?

 

USCIS agents can think anything is or isn't fishy, that's out of your control.  You can only control your actions.  It's no secret that many I-485 applicants will research what USCIS agents care about, simply for performance to get approved.  That doesn't change the fact that bona-fide spouses also do them for legitimate reasons.

If you and your spouse plan to open a joint account, then just do it.  Sooner is always better.  Why wait?

[grant2 15]

2 hours ago, ritac23 said:

We also don't have a prenup. We are happy to go the traditional route of splitting assets acquired after the marriage. We were told we could do that by the county official who issued our marriage license.

 

A bit of a detour btw:  "pre-nup" isn't all about "how do we split assets in divorce".  it's also about "how do we agree to do things during marriage".

 

My pre-nup discusses contributions to shared expenses.  A friend's pre-nup says they must always live within 6 miles of a beach.