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Ktone

Affidavit is not available to file AOS

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Hi,

I don't know where to ask, but let me post this here anyway.

I'm in the US since 2012 with my student visa. Currently I have OPT. I got married with my USC husband at the courthosue in December 2014. We didn't do any kind of ceremonies and I didn't mind it because we are poor.

Since we are married only for the short period of time, we don't have evidence for our bona fide marriage, such as joint bank account, leasing contract with our name etc. Literally nothing. So the last option we can take is to get the sworn affidavits from his family or friends. The problem is, he hasn't told almost anyone that we got married. He still introduces me to his friends as a girlfriend. Though we visited his mom after we filed marriage, I don't think he has told her. I keep asking him to find someone he can ask to write this document and he hasn't done anything for me.

I'm very concerned now, becasue my OPT expires during summer and I have to stop working if the new EAD doesn't come before the expiration. Do you have other ideas how I can file I-864?

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i would take the next 5 days and get things with both names on them.

Then file for AOS.

anyway - that's my suggestion, and it won't change, based on what you've written here.


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

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Do not file AOS before you get all paperwork. why rush? You are married to US citizen and you will be fine. You can get lease agreement on both names just after one phone call. call landlord.

Go to bank togheter and add each other to acc. That is extra 20 minutes.

Call comed and comcast and request to add your name to bills.

Credit cards? add each others.

You guys probably drive cars and have insurance. Call insurance and add each other to ins. Next 15 minutes.

DO NOT FILE AOS if you dont have proper paperwork. I will always remember my lawyers advise - once you have all paperwork ready then you can file AOS. Do not make your life complicated because you dont have papers. Those all profs can be done in few hours.

also you said you got married in Dec last year. so file income tax together jointly. That would be enough of evidence.

And wait few more months before filing AOS. No rush and good luck

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My situation is very similar to yours, I came to the U.S. in 2008 on a F1, December 2012 I got married (I was never in a OPT tho) We found out my wife was pregnant in January 2013 she didn't qualify for I-864 nor had anyone that could be a joint sponsor. I went out of status and started working and my wife stayed home and went to school. There was nothing we could do to get my situation straighten up as she had no income. Finally in 2014 with baby getting bigger she was able to start working and this month (March 2015) after filing taxes where she met poverty guidelines, we sent all paperwork to AOS. It wasn't easy going through this couple years I can't put in words how good it felt to finally be able to start the process. My DL expired in May 2014 with my F1 Visa but I was out of status long before that since I was out of school already.

I wanted to share my case because it seems really close to what you are going through.

My only concern is why your now husband dnt want people to know you both r married? It seems like you need to seat down with him for a talk and get things on track. Good luck to you.


-AOS sent (I-485 I-130 and I-765) 03/06/15

-AOS delivered 03/09/15

-NOA email/text 03/13/15

-NOA in the mail 03/20/15

-Biometric letter 03/27/15

-Biometric appointment 04/06/15

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Do not file AOS before you get all paperwork. why rush? You are married to US citizen and you will be fine. You can get lease agreement on both names just after one phone call. call landlord.

Go to bank togheter and add each other to acc. That is extra 20 minutes.

Call comed and comcast and request to add your name to bills.

Credit cards? add each others.

You guys probably drive cars and have insurance. Call insurance and add each other to ins. Next 15 minutes.

DO NOT FILE AOS if you dont have proper paperwork. I will always remember my lawyers advise - once you have all paperwork ready then you can file AOS. Do not make your life complicated because you dont have papers. Those all profs can be done in few hours.

also you said you got married in Dec last year. so file income tax together jointly. That would be enough of evidence.

And wait few more months before filing AOS. No rush and good luck

I'm in rush because my OPT expires soon. If i'm not sure when I can get the new one, I have to quit the job and cannot find new jobs either because I cannot commit when I can start (this happend so many times last year before I received the OPT. The OPT took more than 100days.)

I asked him to put me on his paperworks. He hasn't done so. He's out of town for a while so we cannot go to bank togerhter. I don't know where he keeps the paperwork for landlord, comcast, car insurance either. That means I don't even know where to contact to make changes.

We filed the tax return for 2014 because we thought he needed federal INDIVIDUAL tax return for 3 years. Maybe our understandhing was wrong but anyway it's too late since we already filed it.

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so file amended 1040 this weekend, easy-peasy.

if you two are not actively generated evidence required on the I-130, I don't know what to tell you, except to start making it happen now, nowish.


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

2mzcunl.gif

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My situation is very similar to yours, I came to the U.S. in 2008 on a F1, December 2012 I got married (I was never in a OPT tho) We found out my wife was pregnant in January 2013 she didn't qualify for I-864 nor had anyone that could be a joint sponsor. I went out of status and started working and my wife stayed home and went to school. There was nothing we could do to get my situation straighten up as she had no income. Finally in 2014 with baby getting bigger she was able to start working and this month (March 2015) after filing taxes where she met poverty guidelines, we sent all paperwork to AOS. It wasn't easy going through this couple years I can't put in words how good it felt to finally be able to start the process. My DL expired in May 2014 with my F1 Visa but I was out of status long before that since I was out of school already.

I wanted to share my case because it seems really close to what you are going through.

My only concern is why your now husband dnt want people to know you both r married? It seems like you need to seat down with him for a talk and get things on track. Good luck to you.

I agree with you ggodoi. I'm concerned why he doesn't want to tell anybody. We have so many friends in where we live because we went to school together. But he's not telling almost anybody. I sat down with him and he never explained. I sat down with him and explained how important this process it is to me and what I want him to do. I feel disrescpectful and hopeless.

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so file amended 1040 this weekend, easy-peasy.

if you two are not actively generated evidence required on the I-130, I don't know what to tell you, except to start making it happen now, nowish.

Thanks, I haven't thought about amended 1040. I'll try this path.

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So what if your OPT expires soon? AOS process will take up to 6 months maybe more.

you have to wait for your husband to come back and finish paperwork before you make next step. Otherwise USCIS will assume this marriage is fake and you will have problems on your interview.

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So what if your OPT expires soon? AOS process will take up to 6 months maybe more.

you have to wait for your husband to come back and finish paperwork before you make next step. Otherwise USCIS will assume this marriage is fake and you will have problems on your interview.

I never inteded to take next step with improper documents (I don't think I have mentioned like that.) But thanks for your advice. I don't think waiting for him coming back helps me though. We'll see what we can do.

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so, if he's out of town, not face to face,

what is preventing him using the telephone,

to add you to the accounts (all except the bank account)

???

apologies if i focus on this, but

tempus fugit will kill you.


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

2mzcunl.gif

Share this post


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so, if he's out of town, not face to face,

what is preventing him using the telephone,

to add you to the accounts (all except the bank account)

???

apologies if i focus on this, but

tempus fugit will kill you.

He hates talking over the phone. That's it. He's not even willing to talk to me over the phone.

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Ktone...

Start with Darnell's advice...I know you have many reasons(excuses),

but USCIS do not care about them, and filing with skimpy evidence will likely

trigger RFEs, and if sufficient evidence can't be provided, denial is likely.

So you don't have much choice...

Also, your husband not openly disclosing marriage...minimally to close family and friends

is a bigger issue than your OPT expiration. This is matter of whether your hubby is

committed to this marriage at all.

Do you think somehow he agreed to get married on impulsive judgement

and he is either regretting or not fully committed to the marriage?

I think you should really confront this issue and do not let him dodge out of this.

If he refuses to clarify this situation, you announce this to his family and close friends

and see what happens. Obviously, he is hiding or holding something back,

and its not a good sign...

Also, explain the critical nature of immediately building the bona fide relationship

evidence now ... in order to file for GC ASAP...upon explanation, if he's still stuck on

"don't want to talk on the phone" attitude...I think you have unworthy or immature husband

and you need to give a serious thought on whether this is a man you want to be with forever.

If he isn't sure simply due to lack of knowledge...have to come visit VJ site directly to find out for himself...

You deserve to live a happier life with a supportive husband.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

In addition to Darnell's advice...here are couple more things to consider...

1) Are you added to his health insurance?

2) Has he added you as the primary beneficiary to life insurance, 401K, IRA, and other financial assets?


10-04-2013 We met online
11-21-2013 We met in person in Shanghai for 2 weeks

12-13-2013 I-129F packet sent via express

12-19-2013 USCIS NOA #1 (text and email) received

12-24-2013 USCIS assigns Alien Registration Number
12-31-2013 USCIS NOA #1 hard copy received
06-02-2014 USCIS web site shows NOA #2 approval
06-06-2014 USCIS web site shows case sent to NVC

06-xx-2014 Fiancee acquired birth, marriage, and police certificates from local police station (wrong)

06-16-2014 NVC creates case with GUZ### number

06-19-2014 NVC sends case sent to Guangzhou, China
06-24-2014 Received packet 3 express mail from embassy
06-25-2014 Completed DS-160 and paid K1 visa fee

06-26-2014 Mailed packet 3 response back to Embassy

06-26-2014 Requested police certificate from Russian embassy

07-08-2014 Received packet 4 email from Embassy

07-17-2014 Picked up Russian police certificate

07-25-2014 Fiancee medical exam (received MMR & Varicella, but they missed required TD shot)

07-31-2014 Picked up medical exam reports

08-01-2014 Request (correct) birth, marriage, and police certificates from Notarial Service (GongZhengChu)

08-06-2014 Picked up birth, marriage, and police certificates from Notarial Service

08-14-2014 Passed Interview Guangzhou embassy

09-01-2014 Received passport, visa, & sealed envelope

09-13-2014 POE

09-17-2014 Went to CBP office to get (US entry) I-94 updated correctly

09-18-2014 Applied for Social Security Card
09-19-2014 Applied for Marriage License (via online)
09-25-2014 Received Social Security Card
09-30-2014 Picked up Marriage License
10-09-2014 Marriage by Justice of Peace
10-09-2014 Got Certified Marriage Certificate Copies
10-17-2014 Received a letter from SS office that they need the marriage license
10-09-2014 Applied to change the social security card name
10-24-2014 Went back to SS office to provide the marriage certificate documents again!!!
12-09-2014 Submitted AOS, EAD, and AP
12-16-2014 Received 16 emails and 16 text NOA messages
01-05-2015 Received Biometrics appointment letter for (01-12-2015)
01-12-2015 Had Biometrics (fingerprint & picture) - Required Marriage Certificate!!!
02-17-2015 EAD and AP is approved
02-23-2015 Received AP is approval letter
02-25-2015 Received EAD/AP combo card (expires 02/16/2016)
02-27-2015 Applied for SS card name change (they took her SS card)
02-27-2015 Driver's learner permit test was denied since the SS card was given to SS office for name change
03-17-2015 Received SS card with married name
03-17-2015 Started to change all her accounts to married name
03-23-2015 Received potential interview waiver letter
03-27-2015 DMV rejects learner's permit due to "legal status=pending" and vision test failure
04-05-2015 Vision test for learner's permit
04-06-2015 DPS sent us letter that DHS cleared my wife's status to acquire driver's license.
04-10-2015 Passed Driver Learner's Permit
04-22-2015 Received Driver Learner's Permit ID card (expires 02/16/2016)
08-27-2015 Green Card approved
08-31-2015 Received Green Card "Welcome Notice Was Mailed" letter
09-05-2015 Received Green card
10-26-2015 Passed Driver's License Road Test (on 3rd attempt)
11-03-2015 Received Driver's License (expires 02/16/2022)
11-06-2015 Applied to remove conditional work remark on SS card
11-23-2015 Received updated Social Security Card.
- - - - - - - - - - Pending Future Processing - - - - - - - - - -
05-27-2017 File 10 Year Green Card
08-27-2017 2 Year Green Card Expires
05-27-2018 File USC

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Ktone...

Start with Darnell's advice...I know you have many reasons(excuses),

but USCIS do not care about them, and filing with skimpy evidence will likely

trigger RFEs, and if sufficient evidence can't be provided, denial is likely.

So you don't have much choice...

Also, your husband not openly disclosing marriage...minimally to close family and friends

is a bigger issue than your OPT expiration. This is matter of whether your hubby is

committed to this marriage at all.

Do you think somehow he agreed to get married on impulsive judgement

and he is either regretting or not fully committed to the marriage?

I think you should really confront this issue and do not let him dodge out of this.

If he refuses to clarify this situation, you announce this to his family and close friends

and see what happens. Obviously, he is hiding or holding something back,

and its not a good sign...

Also, explain the critical nature of immediately building the bona fide relationship

evidence now ... in order to file for GC ASAP...upon explanation, if he's still stuck on

"don't want to talk on the phone" attitude...I think you have unworthy or immature husband

and you need to give a serious thought on whether this is a man you want to be with forever.

If he isn't sure simply due to lack of knowledge...have to come visit VJ site directly to find out for himself...

You deserve to live a happier life with a supportive husband.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

In addition to Darnell's advice...here are couple more things to consider...

1) Are you added to his health insurance?

2) Has he added you as the primary beneficiary to life insurance, 401K, IRA, and other financial assets?

No insurance added. He doesn't have life insurance, 401K, IRA and other things as far as I know.

I don't think he proposed me impulsively and even if he had done so, he had so much time to rethink about it before we really getting married. I don't believe he has something to hide or hold back because many of his friends know me as a girlfriend. However, I agree with you. This is a bigger issue than not having the process go through. I guess he's not mature enough to know being married requires some commitment.

Thank you everyone for your advice. I'll try to talk to him once again. It's draining though, after trying to talk to him for a week.

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No insurance added. He doesn't have life insurance, 401K, IRA and other things as far as I know.

I don't think he proposed me impulsively and even if he had done so, he had so much time to rethink about it before we really getting married. I don't believe he has something to hide or hold back because many of his friends know me as a girlfriend. However, I agree with you. This is a bigger issue than not having the process go through. I guess he's not mature enough to know being married requires some commitment.

Thank you everyone for your advice. I'll try to talk to him once again. It's draining though, after trying to talk to him for a week.

Yup...I can see that being very emotionally draining...if he's unwilling to talk.

But you really have to think about...

1) Is this the type of man you've waited all your life for?

2) Can you live with such a irresponsible and uncaring husband rest of your life?

Perhaps, you might not be whatever the problem he's going through,

so if it's that challenging to have a sincere conversation with him

why don't you organize all your thoughts and questions and write to him...

and tell him that it's a really important and that he needs to read and respond

to it at his earliest convenience.

Without his cooperation it will be impossible to prepare documents to file for GC

and he has to understand this clearly...


10-04-2013 We met online
11-21-2013 We met in person in Shanghai for 2 weeks

12-13-2013 I-129F packet sent via express

12-19-2013 USCIS NOA #1 (text and email) received

12-24-2013 USCIS assigns Alien Registration Number
12-31-2013 USCIS NOA #1 hard copy received
06-02-2014 USCIS web site shows NOA #2 approval
06-06-2014 USCIS web site shows case sent to NVC

06-xx-2014 Fiancee acquired birth, marriage, and police certificates from local police station (wrong)

06-16-2014 NVC creates case with GUZ### number

06-19-2014 NVC sends case sent to Guangzhou, China
06-24-2014 Received packet 3 express mail from embassy
06-25-2014 Completed DS-160 and paid K1 visa fee

06-26-2014 Mailed packet 3 response back to Embassy

06-26-2014 Requested police certificate from Russian embassy

07-08-2014 Received packet 4 email from Embassy

07-17-2014 Picked up Russian police certificate

07-25-2014 Fiancee medical exam (received MMR & Varicella, but they missed required TD shot)

07-31-2014 Picked up medical exam reports

08-01-2014 Request (correct) birth, marriage, and police certificates from Notarial Service (GongZhengChu)

08-06-2014 Picked up birth, marriage, and police certificates from Notarial Service

08-14-2014 Passed Interview Guangzhou embassy

09-01-2014 Received passport, visa, & sealed envelope

09-13-2014 POE

09-17-2014 Went to CBP office to get (US entry) I-94 updated correctly

09-18-2014 Applied for Social Security Card
09-19-2014 Applied for Marriage License (via online)
09-25-2014 Received Social Security Card
09-30-2014 Picked up Marriage License
10-09-2014 Marriage by Justice of Peace
10-09-2014 Got Certified Marriage Certificate Copies
10-17-2014 Received a letter from SS office that they need the marriage license
10-09-2014 Applied to change the social security card name
10-24-2014 Went back to SS office to provide the marriage certificate documents again!!!
12-09-2014 Submitted AOS, EAD, and AP
12-16-2014 Received 16 emails and 16 text NOA messages
01-05-2015 Received Biometrics appointment letter for (01-12-2015)
01-12-2015 Had Biometrics (fingerprint & picture) - Required Marriage Certificate!!!
02-17-2015 EAD and AP is approved
02-23-2015 Received AP is approval letter
02-25-2015 Received EAD/AP combo card (expires 02/16/2016)
02-27-2015 Applied for SS card name change (they took her SS card)
02-27-2015 Driver's learner permit test was denied since the SS card was given to SS office for name change
03-17-2015 Received SS card with married name
03-17-2015 Started to change all her accounts to married name
03-23-2015 Received potential interview waiver letter
03-27-2015 DMV rejects learner's permit due to "legal status=pending" and vision test failure
04-05-2015 Vision test for learner's permit
04-06-2015 DPS sent us letter that DHS cleared my wife's status to acquire driver's license.
04-10-2015 Passed Driver Learner's Permit
04-22-2015 Received Driver Learner's Permit ID card (expires 02/16/2016)
08-27-2015 Green Card approved
08-31-2015 Received Green Card "Welcome Notice Was Mailed" letter
09-05-2015 Received Green card
10-26-2015 Passed Driver's License Road Test (on 3rd attempt)
11-03-2015 Received Driver's License (expires 02/16/2022)
11-06-2015 Applied to remove conditional work remark on SS card
11-23-2015 Received updated Social Security Card.
- - - - - - - - - - Pending Future Processing - - - - - - - - - -
05-27-2017 File 10 Year Green Card
08-27-2017 2 Year Green Card Expires
05-27-2018 File USC

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