filing 130 AOS

[Freeegg 0]

Good Afternoon,

 

• I will be getting married soon to my girlfriend who is not a US citizen. I am a citizen- since birth. 
• I will be filing my end of the paperwork once we are married and she will as well.  
• Her visa is tourist and departure date is in April-  we will try to file before then?
• We have lived together since she has been here- 5 months but we haven't mixed finances etc.  She cant work legally here and I make enough to support us both. 
• Is it possible for me to file now and give support of bonafide marriage etc or other paperwork a little later (online). Ive bought her alot of things if that would help to prove my intent- her ring wasn't cheap. etc. etc. 
• in regard to above,  is it more important to have everything in the original petition; or to get it filed when she is still here legally?
• Since we are not yet married, i have not combined anything like banks, insurance, etc.  
• We are a legitimate couple. Similar age and attractiveness (shes probably a little better looking than me) I don't think that will be difficult to prove?  Other than a lack of co-mingled finances. (which I will do when married)
• Once we are married i will be adding her to life insurance beneficiary, retirement, VA disability, VA health insurance. 
• We have taken a few trips together since she has been here and everyone who knows me well...now knows her.  
• We will be having a small wedding (just a few people at a church) because we want to save for a large vacation and she wants to get her advanced parole ASAP to visit her adult children. I want to make that happen for her. 
• We will do something larger when her children (adult) can attend too.  (no Visas)
• I realize that hindsight is 20/20 but going forward id like to do everything as correctly as possible.  
• Ill continue to read the forum but would appreciate any advice.  thanks

[Boiler 45,451]

Nothing to do before you are married other than read the guides to see what is needed to adjust.

 

AP takes time and nothing is ASAP

[OldUser 6,614]

1 hour ago, Boiler said:

AP takes time and nothing is ASAP

Agreed, AP can take a year easily in current environment.

 

3 hours ago, Freeegg said:

Her visa is tourist and departure date is in April-  we will try to file before then?

It's always better to file while the beneficiary is in status. Filing when out of status is one of the fraud indicators.

[OldUser 6,614]

3 hours ago, Freeegg said:

Is it possible for me to file now and give support of bonafide marriage etc or other paperwork a little later (online). Ive bought her alot of things if that would help to prove my intent- her ring wasn't cheap. etc. etc. 

Once you marry, you will have evidence of arranging the wedding ceremony / celebration, photos from the day. Include it all in the packet when you file. You can only file after marrying.

You can skip the evidence, but lately USCIS is pretty harsh and in many cases denies cases outright without RFE / NOID. I wouldn't recommend doing this.

 

 

 

 

[OldUser 6,614]

Also consider studying the guide for AOS => 

 

Edited March 16, 2023 by OldUser

[SalishSea 17,809]

9 hours ago, Freeegg said:

Good Afternoon,

 

• I will be getting married soon to my girlfriend who is not a US citizen. I am a citizen- since birth. 
• I will be filing my end of the paperwork once we are married and she will as well.  
• Her visa is tourist and departure date is in April-  we will try to file before then?
• We have lived together since she has been here- 5 months but we haven't mixed finances etc.  She cant work legally here and I make enough to support us both. 
• Is it possible for me to file now and give support of bonafide marriage etc or other paperwork a little later (online). Ive bought her alot of things if that would help to prove my intent- her ring wasn't cheap. etc. etc. 
• in regard to above,  is it more important to have everything in the original petition; or to get it filed when she is still here legally?
• Since we are not yet married, i have not combined anything like banks, insurance, etc.  
• We are a legitimate couple. Similar age and attractiveness (shes probably a little better looking than me) I don't think that will be difficult to prove?  Other than a lack of co-mingled finances. (which I will do when married)
• Once we are married i will be adding her to life insurance beneficiary, retirement, VA disability, VA health insurance. 
• We have taken a few trips together since she has been here and everyone who knows me well...now knows her.  
• We will be having a small wedding (just a few people at a church) because we want to save for a large vacation and she wants to get her advanced parole ASAP to visit her adult children. I want to make that happen for her. 
• We will do something larger when her children (adult) can attend too.  (no Visas)
• I realize that hindsight is 20/20 but going forward id like to do everything as correctly as possible.  
• Ill continue to read the forum but would appreciate any advice.  thanks

She should realize that doing it this way avoids the consular queue, but the consequence is not being able to travel or work for up to a year.   Green card is taking even longer.

 

You can’t file anything until you have the certified marriage certificate.

[Freeegg 0]

So i need to file the 130 when i get married?   After that she needs to file the 485 and other forms?  I need to do this by early April because her 180 days is up then?  Which document "stops the clock" so to speak?  because she needs to mail the 485-and it needs to be received after the 130-am i screwed here?  i might not have time to do the 130 and then wait for her to file the 485.  I dont want to complain but what a hassle this is...

 

Also- when I pay.....do they process payment immediately or is this something that they will do in time?  thanks

[Boiler 45,451]

I am going to guess you have not read the guide.

 

Everything goes together and yes you pay when you apply.

 

The fees are going up so make sure you pay whatever the fees will be then.

[Freeegg 0]

2 hours ago, Boiler said:

I am going to guess you have not read the guide.

 

Everything goes together and yes you pay when you apply.

 

The fees are going up so make sure you pay whatever the fees will be then.

 

I have read the guide.   its a good guide but its not all inclusive.   I guess I have another question.  

 

Ill state the facts.

Im not yet married,

I intend to get married in the coming weeks.

because i need to file this paperwork shortly after the marriage-she has been here 5 months...

i wont have a lot of things to prove how we conduct our married life.  

they want this information.

If I mail it...can I add additional substantiation later?

if I could file online, i would just upload additional evidence as I get it.(but 485 neeeds mailed.    but since we aren't married yet. i don't have joint accounts yet..etc.. 

should I wait to file...or should i file with what I have in a few weeks.  thanks

 

[SalishSea 17,809]

3 hours ago, Freeegg said:

So i need to file the 130 when i get married?   After that she needs to file the 485 and other forms?  I need to do this by early April because her 180 days is up then?  Which document "stops the clock" so to speak?  because she needs to mail the 485-and it needs to be received after the 130-am i screwed here?  i might not have time to do the 130 and then wait for her to file the 485.  I dont want to complain but what a hassle this is...

 

Also- when I pay.....do they process payment immediately or is this something that they will do in time?  thanks

Dude, please read the guides ASAP.  

 

You need to have an official (certified) copy of a marriage certificate in hand before anything is filed.

 

It may be a "hassle", but like it said, it is the deal you're signing on for by having her adjust status in the US (and thereby avoiding the long queue), rather than do consular processing.  

[Freeegg 0]

Just now, Jorgedig said:

Dude, please read the guides ASAP.  

 

You need to have an official (certified) copy of a marriage certificate in hand before anything is filed.

 

It may be a "hassle", but like it said, it is the deal you're signing on for by having her adjust status in the US (and thereby avoiding the long queue), rather than do consular processing.  

ill have the marriage certificate but i wont have a joint mortgage, etc etc.

[SalishSea 17,809]

1 minute ago, Freeegg said:

should I wait to file

Nothing can be filed until you are legally married and have the marriage certificate.  Anything you send before that will be rejected outright.

 

Showing commingling of finances, etc, will be done in about two years, when she is interviewed for the GC.

Just now, Freeegg said:

ill have the marriage certificate but i wont have a joint mortgage, etc etc.

You do not need a joint mortgage.

[Boiler 45,451]

There is no requirement for joint mortgage.

[Freeegg 0]

Just now, Boiler said:

There is no requirement for joint mortgage.

i understand but the marriage bonafides are something I'm unsure about....i means shes here with me now, we've been on vacations etc etc,  i appreciate the help  

2 minutes ago, Jorgedig said:

Nothing can be filed until you are legally married and have the marriage certificate.  Anything you send before that will be rejected outright.

 

Showing commingling of finances, etc, will be done in about two years, when she is interviewed for the GC.

You do not need a joint mortgage.

ahh- yes.  thanks.  i did not understand that part.  thanks

[Freeegg 0]

its good to have a place to ask these questions.  I tired a local attorney a while back and he told me not to file until i was married three months?  i understand that there is a ban on getting married too soon.  

 

regardless,  i appreciate the help.  

 

One more question.  I was told that it looks unfavorable if she is here more then 6 months before I file this paperwork.  Which date counts as when it is filed?  the day USCIS receives the paperwork?  SO of course Ill send it certified.  

 

we didn't plan on marriage until i received an increase in income that happened recently; otherwise, i would have done these things before and wouldn't be pushing deadlines.