should we apply GC?

[memoryinwind 0]

My finance is US citizen. We are planning to marry soon during Xmas. But he has to return to work in another country for a few months after the marriage. So, should we file the GC application right after marriage or wait until we can live together after he finishes his work there.

thanks!

[Kez/JWolf 6]

My finance is US citizen. We are planning to marry soon during Xmas. But he has to return to work in another country for a few months after the marriage. So, should we file the GC application right after marriage or wait until we can live together after he finishes his work there.

thanks!

What visa did he enter the US on? and when?

Kez

[ELW 5]

Most of the time it is better to file AOS (green card) immediately after the marriage. If you do so, you both might be called for an interview within 3 months (or it might take much longer, no telling). If they call him for an interview and he cannot return to USA for it, you can always request a rescheduling of the interview.

What visa did you come on, and how long is it valid? If we know that, others with more experience in different visas could offer you advice. For instance, if have plenty of time left on your visa, you might be able to wait to file AOS until your husband returns from abroad.

[kim&james 0]

If you do file AOS after your marriage, he wont be able to leave the US until he has AP, approx 90 days. something to consider.

It also depends on what visa he has now as to whether he will be able to get back in. You might have to file for a CR or K3 visa, if he does leave. Remember that planning to immigrate to the US ie, coming back into the country with the purpose of filing for AOS without the correct visa is a crime. Unless his present visa allows him to multi entry and adjust status.

[memoryinwind 0]

Most of the time it is better to file AOS (green card) immediately after the marriage. If you do so, you both might be called for an interview within 3 months (or it might take much longer, no telling). If they call him for an interview and he cannot return to USA for it, you can always request a rescheduling of the interview.

What visa did you come on, and how long is it valid? If we know that, others with more experience in different visas could offer you advice. For instance, if have plenty of time left on your visa, you might be able to wait to file AOS until your husband returns from abroad.

thanks for your reply.

I graduated this May. I am on OPT which is valid till June 2008. I am thinking to change my job in June after my one year contract of current job is over.

He can come back for the interview for sure but I am worrying that they may question us the fidelity of our marriage because we are not living together for the last few months after marriage???

[memoryinwind 0]

If you do file AOS after your marriage, he wont be able to leave the US until he has AP, approx 90 days. something to consider.

It also depends on what visa he has now as to whether he will be able to get back in. You might have to file for a CR or K3 visa, if he does leave. Remember that planning to immigrate to the US ie, coming back into the country with the purpose of filing for AOS without the correct visa is a crime. Unless his present visa allows him to multi entry and adjust status.

oh, there is some confusion here. I am the alien, he is the citizen

[kim&james 0]

If you do file AOS after your marriage, he wont be able to leave the US until he has AP, approx 90 days. something to consider.

It also depends on what visa he has now as to whether he will be able to get back in. You might have to file for a CR or K3 visa, if he does leave. Remember that planning to immigrate to the US ie, coming back into the country with the purpose of filing for AOS without the correct visa is a crime. Unless his present visa allows him to multi entry and adjust status.

oh, there is some confusion here. I am the alien, he is the citizen

ahh ok... in that case, you should be able AOS here. What visa did you come on?

He will have to return for the interview.

[memoryinwind 0]

If you do file AOS after your marriage, he wont be able to leave the US until he has AP, approx 90 days. something to consider.

It also depends on what visa he has now as to whether he will be able to get back in. You might have to file for a CR or K3 visa, if he does leave. Remember that planning to immigrate to the US ie, coming back into the country with the purpose of filing for AOS without the correct visa is a crime. Unless his present visa allows him to multi entry and adjust status.

oh, there is some confusion here. I am the alien, he is the citizen

ahh ok... in that case, you should be able AOS here. What visa did you come on?

He will have to return for the interview.

I came with F1. I just graduated this May.

He can come back for the interview for sure but I am worrying that they may question us the fidelity of our marriage because we are not living together for the last few months after marriage???

Edited November 11, 2007 by memoryinwind

[ELW 5]

After your marriage, send in the AOS paperwork, you don't need proof of relationship then. Before he leaves, you can easily have both of your names on certain things like credit card, joint bank account, utilities, phone, apartment lease, insurance, etc. Only 2-3 things with both your names on it will satisfy them. Usually in interviews, not many questions are asked. If they do ask, I'm sure they will understand his job situation. I would not worry about it.

[memoryinwind 0]

After your marriage, send in the AOS paperwork, you don't need proof of relationship then. Before he leaves, you can easily have both of your names on certain things like credit card, joint bank account, utilities, phone, apartment lease, insurance, etc. Only 2-3 things with both your names on it will satisfy them. Usually in interviews, not many questions are asked. If they do ask, I'm sure they will understand his job situation. I would not worry about it.

thank you very much for your advice! I will file the application right after the marriage. and get credit card and joint bank account.

[LaL 418]

After your marriage, send in the AOS paperwork, you don't need proof of relationship then. Before he leaves, you can easily have both of your names on certain things like credit card, joint bank account, utilities, phone, apartment lease, insurance, etc. Only 2-3 things with both your names on it will satisfy them. Usually in interviews, not many questions are asked. If they do ask, I'm sure they will understand his job situation. I would not worry about it.

People who must file the I-130 must submit proof of relationship with that application.

http://www.visajourney.com/forums/index.ph...page=i130guide1

Note: Evidence of a Bonafide Marriage

The USCIS now requires that when filing an I-130 for a spouse that you include evidence of a bonifide marriage. They list examples of acceptable evidence as:

1. Documentation showing joint ownership or property; or

2.

A lease showing joint tenancy of a common residence; or

3.

Documentation showing co-mingling of financialresources; or

4.

Birth certificate(s) of child(ren) born to you, thepetitioner, and your spouse together; or

5.

Affidavits sworn to or affirmed by third parties havingpersonal knowledge of the bona fides of the maritalrelationship (Each affidavit must contain the full nameand address, date and place of birth of the person makingthe affidavit, his or her relationship to the petitioner ofbeneficiary, if any, and complete information and detailsexplaining how the person acquired his or herknowledge of your marriage); or

6.

Any other relevant documentation to establish that thereis an ongoing marital union.

Edited November 12, 2007 by LaL

[memoryinwind 0]

After your marriage, send in the AOS paperwork, you don't need proof of relationship then. Before he leaves, you can easily have both of your names on certain things like credit card, joint bank account, utilities, phone, apartment lease, insurance, etc. Only 2-3 things with both your names on it will satisfy them. Usually in interviews, not many questions are asked. If they do ask, I'm sure they will understand his job situation. I would not worry about it.

People who must file the I-130 must submit proof of relationship with that application.

But that's the application for spouse who lives outside of US??? My case is the opposite. I (alien) live in US and finance (citizen) works oversea for a few months after marriage.

[LaL 418]

After your marriage, send in the AOS paperwork, you don't need proof of relationship then. Before he leaves, you can easily have both of your names on certain things like credit card, joint bank account, utilities, phone, apartment lease, insurance, etc. Only 2-3 things with both your names on it will satisfy them. Usually in interviews, not many questions are asked. If they do ask, I'm sure they will understand his job situation. I would not worry about it.

People who must file the I-130 must submit proof of relationship with that application.

But that's the application for spouse who lives outside of US??? My case is the opposite. I (alien) live in US and finance (citizen) works oversea for a few months after marriage.

So are you saying you don't think you need to file the I-130 along with the I-485 regardless of where your USC is?

[cutiebanker 0]

After your marriage, send in the AOS paperwork, you don't need proof of relationship then. Before he leaves, you can easily have both of your names on certain things like credit card, joint bank account, utilities, phone, apartment lease, insurance, etc. Only 2-3 things with both your names on it will satisfy them. Usually in interviews, not many questions are asked. If they do ask, I'm sure they will understand his job situation. I would not worry about it.

thank you very much for your advice! I will file the application right after the marriage. and get credit card and joint bank account.

you DO need proof of relationship. in your case, you can't just apply for AOS w/o submitting I-130 (petition for alien relative that HAS to be submitted by your husband). joint bank account, credit card, lease and utilities w. both of your names on, pictures of wedding, ect. can all serve as the evidence of the fidelity of your marriage.

you have time to work and stay legally till your OPT expires (except for that w. your current visa you can't travel to another country and expect to reenter to the u.s.). you can then plan your wedding based on the best schedules for both of you. as long as you apply AOS, I-130, etc b/4 the expiration of your OPT, i think you're safe. good luck.

[kim&james 0]

After your marriage, send in the AOS paperwork, you don't need proof of relationship then. Before he leaves, you can easily have both of your names on certain things like credit card, joint bank account, utilities, phone, apartment lease, insurance, etc. Only 2-3 things with both your names on it will satisfy them. Usually in interviews, not many questions are asked. If they do ask, I'm sure they will understand his job situation. I would not worry about it.

People who must file the I-130 must submit proof of relationship with that application.

But that's the application for spouse who lives outside of US??? My case is the opposite. I (alien) live in US and finance (citizen) works oversea for a few months after marriage.

So are you saying you don't think you need to file the I-130 along with the I-485 regardless of where your USC is?

As Lal said you will need to file the I-130 along with the the I-485. The I-130 is the form that makes you eligible to file for adjustment of status based on marriage.

Read the guide that Lal posted it has very good info for your situation. When filing together, all forms go to the Chicago lockbox. You will need to treat the I-130 as a separate application and include all required evidence.