AOS after marriage to a U.S. citizen -- What am I missing?

[pawtucketpaul 0]

Hi! I am a male (25 y.o.) EU citizen, currently residing in America, married to a female (31 y.o.) US citizen in the process of applying for a Green Card. Before I send everything over to USCIS I wanted to double check if I am doing everything correctly and ask if I am missing anything.

Our relationship timeline:
Met and started dating in August 2023 when I was visiting the US on ESTA

She visited me in the EU in December 2023
I came back on an ESTA in May 2024 to see her

Then in August 2024 I entered the US on a J-1 visa (no home rule requirement as I'm an EU citizen and was paying for the program myself) for a semester long exchange program at a university and we moved in together

December 2024 my visa ended

January 2025 my grace period to leave ended

January 2025 we get married

 

For the form I-130 we have:
My wife's passport and birth certificate

Our marriage certificate

Bonafide marriage evidence:

• Itineraries from our trips, including trips within the US, as well as her coming to Europe
• Photos together, with friends, her family in the US, as well as with my now deceased father from when she was in Europe
• The lease is in her name but I have mail delivered to our apartment with both our names on it, as well as letters from the state gov't in my name
• Screenshots of messages from past 12 months 

I know that this is not the strongest evidence and that we lack joint finances but we have experienced problems with joining them -- her bank won't let me be put on her account or as an authorized user on her credit cards without an SSN, which as far as I know I will only get while receiving the work permit. We cannot afford taking out a life insurance policy together and I cannot drive so I cannot be put on her auto insurance. I intend on opening a joint bank account as soon as I get my SSN and we have more trips to her family planned, so when we get called for an interview, we can present more evidence.

For the I-485 we have:
My passport

My visa copy

My I-94

An affidavit of support which includes a joint sponsorship from my best friend (We have the W2s, 1040 forms, his passport scan) since my wife does not meet the 26k a year requirement

A sealed letter with my USCIS civil surgeon medical exam

 

For I-765:
My I-94

My visa copy

My passport

Pictures of myself

Copy of my birth certificate -- it is in a foreign language - should we get it translated? If so, does it have to be a sworn translation?

We are very much in love, and very much in a bonafide marriage, yet I fear our relationship timeline can raise some red flags -- what to look out for? what to expect? One thing I was worried about is the fact that my documents including an original copy DS-2019, which proves I had not been a subject to the 2 year rule, were stolen from me alongside my laptop the very day I landed on US soil on my J-1. However, from what I see, only I-94 is needed, and it can be accessed online -- is that correct?

 

Thank you so much in advance for any recommendations and tips you guys might have for our case! 

[OldUser 8,316]

6 minutes ago, pawtucketpaul said:

One thing I was worried about is the fact that my documents including an original copy DS-2019, which proves I had not been a subject to the 2 year rule, were stolen from me alongside my laptop the very day I landed on US soil on my J-1. However, from what I see, only I-94 is needed, and it can be accessed online -- is that correct?

 

Reach out to J-1 program organizer and request a copy of your DS-2019.

 

Also, for affidavit of support, USCIS prefers tax return transcripts, those are downloadable from IRS. They're shorter and better than providing W-2 and 1040

 

 

 

[OldUser 8,316]

12 minutes ago, pawtucketpaul said:

Copy of my birth certificate -- it is in a foreign language - should we get it translated? If so, does it have to be a sworn translation?

Yes, any doc in foreign language has to be translated. Yes, each translation should include "certification", e.g. sworn statement. I'd recommend using professional online services, they're pretty affordable. Firstly, they do it every day and know how to do it right. Secondly, they're a third party, removing any potential conflict of interest associated with you translating your own docs.

Edited March 13 by OldUser

[pawtucketpaul 0]

Hi! Thanks for the swift reply!

I do have a signed electronic copy of my DS-2019, however the little box regarding the 2 year rule on it remains empty, as I believe it is filled by hand by an immigration officer at the point of entry. Should I try and reach out to the university again? Will they have an updated one? Sorry, this all seems very confusing.

Thank you a lot for the tip regarding tax return transcripts, I will notify my sponsor!  

[OldUser 8,316]

12 minutes ago, pawtucketpaul said:

Hi! Thanks for the swift reply!

I do have a signed electronic copy of my DS-2019, however the little box regarding the 2 year rule on it remains empty, as I believe it is filled by hand by an immigration officer at the point of entry. Should I try and reach out to the university again? Will they have an updated one? Sorry, this all seems very confusing.

Thank you a lot for the tip regarding tax return transcripts, I will notify my sponsor!  

I was on J-1.  The decision whether you're subject to 212(e) was made at consulate, before visa was printed. I don't recall CBP writing anything on DS-2019. I see consular officer signature and correct box checked on my DS-2019.

[OldUser 8,316]

Did you file a police report for stolen laptop and docs?

[pawtucketpaul 0]

2 minutes ago, OldUser said:

I was on J-1.  The decision whether you're subject to 212(e) was made at consulate, before visa was printed. I don't recall CBP writing anything on DS-2019. I see consular officer signature and correct box checked on my DS-2019.

 

Thank you! I will contact the program organizer to get the up-to-date one. Appreciate it a lot. 

[pawtucketpaul 0]

1 minute ago, OldUser said:

Did you file a police report for stolen laptop and docs?

 

I have only filed a report with the Lost&Found at the airport, initially believing someone might have taken it on accident, to no avail. My point of entry airport was in a completely different part of the country than where we were moving to, so I just accepted the fact that they are gone forever. 

[Demise 1,383]

I wouldn't worry too much about the DS-2019 in this case. The J-1 visa itself should list whether you are subject to 212(e) or not. DS-2019 in other adjustment cases (e.g. via work) serves mainly as proof of continuous lawful status that's not required here.

 

Regarding the birth certificate:

That's associated with the I-485, I-765 is basically based solely upon a pending or concurrently filed I-485. 

Yes, it has to be translated if it's not in English. USCIS doesn't prohibit self-translation however it's best to get it done by a third party. The translator doesn't have to be licensed or anything, they just have to attach a signed statement that they're fluent in English and the language of the document and that the attached translation is accurate.

 

 

Regarding the "thin file", basically don't have many joint documents, once you get an EAD and SSN just get that sorted and bring them to an interview. Like when it comes to the proof of the marriage the only thing you have to submit at the initial stages is the marriage certificate.

Edited March 14 by Demise

[discoverusa 294]

Apply for ITIN in the meantime. Tax payer ID will help you to get added to bank account and utilities.