Filing for AOS, collecting more evidence later

[EvieMN 105]

Hello everyone,

I have been reading here for awhile now, and it has helped me and my boyfriend with our plans tremendously.

I am currently in the US on a J1 visa, my employment authorization ended on September 30th but October is my "travelling month" so I'm still in the US right now.

This is my third J1 visa and I have never overstayed, I would usually leave before the end of September.

Anyways, so me and my boyfriend decided the best option for us would be to get married now. He doesn't want me to go back and wait for the K1 visa to be approved. We have been together for around 4 months now and are practically living together and spending all of our time together as well. We were also coworkers while I was still working. We have the full support of his parents who have been amazing so far and we are planning to get married pretty soon.

 

My question is: can we file I-130 and I-485 with minimal proof of bonafide marriage and start collecting more asap?

Let's say we file with just the marriage certificate, photographs, one hotel stay and one or two affidavits? Would that be enough just to get the process started?

Since I am so close to the end of my visa, we can't just go and open a joint bank account or get a lease in both of our names. So I was thinking we can get more evidence in the months after the wedding when I can be here legally and get all of these things while my case is pending.

[geowrian 22,335]

Yes, you can file for AOS now and provide more evidence when they request it, or at the interview.

[EvieMN 105]

Thank you for your response!

If I receive RFIE or RFE does it mean that when I send more proof my case gets "reset" and the wait starts all over again?

Is it gonna delay me getting my EAD and AP?

Asking because I will have a job offer in  November and I wanna try and expedite my EAD.

[geowrian 22,335]

1 minute ago, EvieMN said:

If I receive RFIE or RFE does it mean that when I send more proof my case gets "reset" and the wait starts all over again?

Is it gonna delay me getting my EAD and AP?

Asking because I will have a job offer in  November and I wanna try and expedite my EAD.

If anything, it would probably be an RFE. That will pause your AOS/AP/EAD applications until they get a response. Personally, I think they will just evaluate it at the interview.

If you did get an RFIE for some reason, it resets the timer for when you can submit a service request for being past normal processing timelines. In practice, I haven't seen it cause a delay more than an RFE. So it buys them time, but doesn't typically change the actual timeline.

[danielb2017 14]

21 hours ago, EvieMN said:

Hello everyone,

I have been reading here for awhile now, and it has helped me and my boyfriend with our plans tremendously.

I am currently in the US on a J1 visa, my employment authorization ended on September 30th but October is my "travelling month" so I'm still in the US right now.

This is my third J1 visa and I have never overstayed, I would usually leave before the end of September.

Anyways, so me and my boyfriend decided the best option for us would be to get married now. He doesn't want me to go back and wait for the K1 visa to be approved. We have been together for around 4 months now and are practically living together and spending all of our time together as well. We were also coworkers while I was still working. We have the full support of his parents who have been amazing so far and we are planning to get married pretty soon.

 

My question is: can we file I-130 and I-485 with minimal proof of bonafide marriage and start collecting more asap?

Let's say we file with just the marriage certificate, photographs, one hotel stay and one or two affidavits? Would that be enough just to get the process started?

Since I am so close to the end of my visa, we can't just go and open a joint bank account or get a lease in both of our names. So I was thinking we can get more evidence in the months after the wedding when I can be here legally and get all of these things while my case is pending.

 From my experience, The RFIE will pause your i-465 case, it does not reset it. 

 

We married in April and then filed for AOS in June.

As I had not received my EAD yet, I did not have a social so we could not open a joint bank account. We provided - health insurance documents, dental insurance documents, car insurance documents as well as our joint gym membership with both our names on it and about 50 pictures at interview. In the initial package we sent about 30 pics, health and car insurance documents. From what I understand they won't send a RFE for proof of bonafide marriage but it WILL make things clearer for them before interviewing you. Our interviewing officer clearly had his mind made up we were a real couple before we entered the room and this gave us a huge advantage. If you are a real couple you should not have anything to worry about.

 

This is my timeline if you are interested.

 

The following is my timeline..

JUNE 09 2017 : Submitted package

JUNE 15 2017 : Everything was received by USCIS

JUNE 23 2017 : Received BIO appointment

JULY 13 2017  : Attended BIO appointment

JULY 13 2017 : Received Request for initial evidence for 1-130A (Dated July 07) / Yellow paper

AUGUST 09 2017  : Response to USCIS request for evidence was received.  Our national benefits center will begin working on your case again (From CaseTracker app - did not receive notice in mail)

AUGUST 14 2017 : Received a purple letter saying that :

        The version of the form I-693 is no longer in use....... >>

if you receive an interview notice please bring the updated I-693 with you

If your case don't require an interview you will receive an RFE

AUGUST 23 2017 : Online Case status changed to "Case is ready to be scheduled for interview - October 2nd

August 29 interview scheduled

September 27 - EAD: New Card is being produced.

October 2 2017 : Interview and approval for green card.

 

Edited October 4, 2017 by danielb2017

[EvieMN 105]

5 hours ago, danielb2017 said:

 From my experience, The RFIE will pause your i-465 case, it does not reset it. 

 

We married in April and then filed for AOS in June.

As I had not received my EAD yet, I did not have a social so we could not open a joint bank account. We provided - health insurance documents, dental insurance documents, car insurance documents as well as our joint gym membership with both our names on it and about 50 pictures at interview. In the initial package we sent about 30 pics, health and car insurance documents. From what I understand they won't send a RFE for proof of bonafide marriage but it WILL make things clearer for them before interviewing you. Our interviewing officer clearly had his mind made up we were a real couple before we entered the room and this gave us a huge advantage. If you are a real couple you should not have anything to worry about.

 

This is my timeline if you are interested.

 

The following is my timeline..

JUNE 09 2017 : Submitted package

JUNE 15 2017 : Everything was received by USCIS

JUNE 23 2017 : Received BIO appointment

JULY 13 2017  : Attended BIO appointment

JULY 13 2017 : Received Request for initial evidence for 1-130A (Dated July 07) / Yellow paper

AUGUST 09 2017  : Response to USCIS request for evidence was received.  Our national benefits center will begin working on your case again (From CaseTracker app - did not receive notice in mail)

AUGUST 14 2017 : Received a purple letter saying that :

        The version of the form I-693 is no longer in use....... >>

if you receive an interview notice please bring the updated I-693 with you

If your case don't require an interview you will receive an RFE

AUGUST 23 2017 : Online Case status changed to "Case is ready to be scheduled for interview - October 2nd

August 29 interview scheduled

September 27 - EAD: New Card is being produced.

October 2 2017 : Interview and approval for green card.

 

Is it bad if we don't have health insurance together?

My boyfriend isn't insured at the moment and mine expired at the end of September.

Do you have any advice on finding suitable health insurance?

[danielb2017 14]

1 minute ago, EvieMN said:

Is it bad if we don't have health insurance together?

My boyfriend isn't insured at the moment and mine expired at the end of September.

Do you have any advice on finding suitable health insurance?

I don't actually, as we get it through my wife's work. Even if you could get a joint savings account and put $10 in a month it will show you share finances - i literally could not as i had no SSN. As I said, just get whatever you can with both your names on it....our interviewing officer actually said "it all helps" when we gave him a simple gym membership so it actually does go a long way.

 

Obviously joint bank accounts and financial documents are best as it shows you depend on each other as you should in a relationship/marriage but (speaking from my recent experience) they understood as to why I couldn't set up an account with my wife and this obviously was sufficient reasoning.