Married on ESTA + AOS

[E&G 2]

On 6/30/2023 at 8:49 AM, Redro said:

If using assets, it is calculated as an average over 12 months. You’re supposed to show 12 months of bank statements. Big recent deposits should be explained. 
You can always file the I864 with your current circumstances and really work hard to get a job ASAP. If they don’t request RFE and ask you to submit another I864 you’re golden. If they do- resubmit a new I864 with updated job details… 

Here is a post you can follow 

Here is another thread where the petitioner had issues with sponsorship.

So, if you don’t meet the requirements first time round and you receive an RFE  make sure your I864 response is perfect the second time you submit. 

 

When you say big deposits should be explained, how big are we talking? 

[Redro 4,611]

On 7/1/2023 at 11:34 PM, E&G said:

 

When you say big deposits should be explained, how big are we talking? 

Someone recently received an RFE for not having sufficient income. 

Click on the post to read part of the RFE. 

They want the sponsor to show 12 months of bank statements and will average the amount over the 12 months... (if using assets). 

Scenario: If you receive a large deposit in your bank account just before you file adjustment. 

You might receive an RFE asking you to explain why your bank account balance jumped so high... 

So, you'll want to explain how you came into the money if you haven't been working since November.

I assume this won't be a problem though as you explain you have sufficient savings. 

Edited July 3, 2023 by Redro

[E&G 2]

4 hours ago, Redro said:

Someone recently received an RFE for not having sufficient income. 

Click on the post to read part of the RFE. 

They want the sponsor to show 12 months of bank statements and will average the amount over the 12 months... (if using assets). 

Scenario: If you receive a large deposit in your bank account just before you file adjustment. 

You might receive an RFE asking you to explain why your bank account balance jumped so high... 

So, you'll want to explain how you came into the money if you haven't been working since November.

I assume this won't be a problem though as you explain you have sufficient savings. 

Would 5-10k be considered large? 

My extended family wants to congratulate me on my marriage. 

 

Me and my partner have combined assets x3 the income difference. 

[Redro 4,611]

21 minutes ago, E&G said:

Would 5-10k be considered large? 

My extended family wants to congratulate me on my marriage. 

 

Me and my partner have combined assets x3 the income difference. 

Seems like you qualify on paper. Apply, keep on looking for jobs and have a joint sponsor lined up if you receive an RFE. 
As always, I request you follow up on a few months as this will help others who follow in your wake. 

[E&G 2]

14 hours ago, Redro said:

Seems like you qualify on paper. Apply, keep on looking for jobs and have a joint sponsor lined up if you receive an RFE. 
As always, I request you follow up on a few months as this will help others who follow in your wake. 

We will thanks.

 

Would my case be shaky though if I've only been employed for a month or 2 at the time of the application?

[Redro 4,611]

4 hours ago, E&G said:

We will thanks.

 

Would my case be shaky though if I've only been employed for a month or 2 at the time of the application?

Poster I linked had 6 months of paystubs at time of application and received RFE. 
You might get a similar result or might be okay. Depends on nature of job and adjudicator. 

[E&G 2]

Hey guys.

 

Does the i-130 require proof of bonafide marriage?

And do we have to submit the proof when we file the AOS or is it required later?

 

I'm not sure sure what we can provide, since we did not plan this.

 

We can't add her to the lease until we do the AOS.

 

We have 2 years+ worth of chat messages.

AirBnB together.

Plane tickets traveling together, visiting each other's countries. 

 

How else can we prove bonafide marriage?

I have a 401k I can add her as beneficiary to. Maybe add her to my internet/electric bill account?

Open a joint savings account?

[Crazy Cat 41,837]

7 minutes ago, E&G said:

Hey guys.

 

Does the i-130 require proof of bonafide marriage?

And do we have to submit the proof when we file the AOS or is it required later?

 

I'm not sure sure what we can provide, since we did not plan this.

 

We can't add her to the lease until we do the AOS.

 

We have 2 years+ worth of chat messages.

AirBnB together.

Plane tickets traveling together, visiting each other's countries. 

 

How else can we prove bonafide marriage?

I have a 401k I can add her as beneficiary to. Maybe add her to my internet/electric bill account?

Open a joint savings account?

Have you studied the guide?  I posted this link in the very first reply to your post back in June.

 

 

Edited August 21, 2023 by Crazy Cat

[E&G 2]

4 minutes ago, Crazy Cat said:

Have you studied the guide?

 

 

 

Do I need to submit my certificate of naturalization (I am a naturalized citizen) or will a U.S passport be suffice?

[Crazy Cat 41,837]

16 minutes ago, E&G said:

 

Do I need to submit my certificate of naturalization (I am a naturalized citizen) or will a U.S passport be suffice?

Item # 4 under the I-130 package instructions explains that passport can be used.  Note the word "or". 

[E&G 2]

I am simply asking if all the evidence of bonafide marriage needs to be filed right away.

 

Because if we apply for AOS first, we can add her to my lease. 

 

What other evidence can we use? Should I add her to my health insurance? etc etc

[Redro 4,611]

3 minutes ago, E&G said:

I am simply asking if all the evidence of bonafide marriage needs to be filed right away.

 

Because if we apply for AOS first, we can add her to my lease. 

 

What other evidence can we use? Should I add her to my health insurance? etc etc

You should do what you would normally do after getting married. 
The evidence needs to be submitted when you file. 

[OldUser 6,635]

6 minutes ago, E&G said:

I am simply asking if all the evidence of bonafide marriage needs to be filed right away.

 

Because if we apply for AOS first, we can add her to my lease. 

 

What other evidence can we use? Should I add her to my health insurance? etc etc

The more evidence, the better. This way your chances of receiving RFE / NOID will be lower. I'd think of this in terms of "what all can I submit?" instead of "what is the minimum I can submit to get approved?"

 

You can add her on your lease today. Add to your bank accounts today. Add to your utility bills today. Add to your insurance today.

 

Good luck!

Edited August 21, 2023 by OldUser

[Crazy Cat 41,837]

1 minute ago, E&G said:

I am simply asking if all the evidence of bonafide marriage needs to be filed right away.

 

Because if we apply for AOS first, we can add her to my lease. 

 

What other evidence can we use? Should I add her to my health insurance? etc etc

You can't apply for AOS first.  Adjustment of Status must be filed either along with the I-130 or after the I-130....but never before. Evidence of a bona fide marriage must be submitted right away with the I-130.   

Lease

Health Insurance

Will

A few pictures

Documents which show you living at the same location.

[E&G 2]

1 minute ago, OldUser said:

The more evidence, the better. This way your chances of receiving RFE / NOID will be lower. I'd think of this in terms of "what all can I submit?" instead of "what is the minimum I can submit to get approved?"

 

 

How do some people add their gf to their lease?
My apartment says they cannot unless she is a permanent resident or at least has legal right to stay (AOS pending).