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Kellyjakpa96

Proving bona fide relationship for AOS from F1

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I came to the US January 2016 on F1 visa. I am still in status. I met my now wife September and we got married mid December. I dated my wife for 3-4 months and we got married legally in the church. She plans to petition for my AOS soon. She is pregnant. How does she being pregnant help proof the bona fide of our relationship? Please how does this improve the chance of an approval? I don't want to lose my wife. I want to stay with her. What are my chances in a scale of 1-10

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Getting someone pregnant isn't the answer to your immigration woos. The child will be a US Citizen by birth and you still might and may have to prove you're the father.

To my understanding this is what some people may call an "anchor baby".

You have the child shouldn't even be part of your wondering about your status. I can understand you will not want to be split-up from your family. 

Understand that you are in a tougher boat than, if you had come here on a K1 or I-130.

Good Luck & H&H 9months to your wife.

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Thanks so much. I have proofs of the bona fide of our marriage such as joint bank account , joint credit card account , wedding pics, engagement pics, affidavits of bonafide fide of relationship from my boss, evidence of living together, receipts of wedding and engagement rings, bank statement and letter from work place showing change of marital status, pics through out relationship. I want to know if all these plus the fact that my wife is pregnant is enough proofs for AOS through marriage. what do you think are my chances for approval.

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First, congrats on her pregnancy!

 

Unfortunately, her pregnancy alone is not enough proof of a bona fide relationship. All it proves definitively is that you may have had intercourse with her or donated your sperm in some way. What will help strengthen the proof and your ties with your wife is showing documents that show both your names such as utility bills, car/health insurance, and lease. You've dated and been married such a short time before filing. That's not an issue per se, and it's understandable that you may not have documents that are more than just affidavits and pictures yet. Submitting with what you have is fine, but start gathering documents like lease and bills with both your names on them to be prepared for the interview. 

 

As much as we'd like to tell you what your "chances" are at a successful AOS, we are not USCIS officers and we cannot read their minds. It's not a great question to be asking or focusing on.


05/24/2016 [Day 0] Sent in I-130/I-485

05/26/2016 [Day 2] Package received at Chicago Office

06/01/2016 [Day 8] Received 2 acceptance notification emails

06/03/2016 [Day 10] Received NOA1, priority date 05/26/2016

06/18/2016 [Day 25] Received biometrics letter, 06/27/2016

06/27/2016 [Day 34] Went to Biometrics appointment

07/11/2016 [Day 49] RFIE issued

07/25/2016 [Day 49] Sent RFIE response (total 63 days since start, RFIE paused timer AFAIK)

07/28/2016 [Day 49] RFIE response arrived and signed for by M Sievers; Case updated to 'Response received' (total 66 days)

11/09/2016 [Day 153] Interview scheduled for 12/12/16!!! (total 170 days)

12/12/2016 [Day 186] Approved at the interview (total 203 days)

12/14/2016 [Day 188] Online status update to 'approved' for both I-130 and I-485 (total 205 days)

12/15/2016 [Day 189] Card was sent! (total 206 days)

12/17/2016 [Day 191] Received two I-797s for I-130/I-485 acceptance (total 208 days)

12/19/2016 [Day 193] Card received! (total 210 days)

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The pregnancy effectively has no bearing on your case.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

?/?/18: Interview

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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15 minutes ago, Mamabrown3 said:

Getting someone pregnant isn't the answer to your immigration woos. The child will be a US Citizen by birth and you still might and may have to prove you're the father.

To my understanding this is what some people may call an "anchor baby".

You have the child shouldn't even be part of your wondering about your status. I can understand you will not want to be split-up from your family. 

Understand that you are in a tougher boat than, if you had come here on a K1 or I-130.

Good Luck & H&H 9months to your wife.

wrong.  a child born in wedlock in most states is automatically assumed to be the fathers due to the laws of presumptive paternity in most states.  even in cases where it's physically impossible.

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10 hours ago, Transborderwife said:

wrong.  a child born in wedlock in most states is automatically assumed to be the fathers due to the laws of presumptive paternity in most states.  even in cases where it's physically impossible.

No. I know I'm not wrong because I know two cases in the last 24 months where the parent's of the child were married and the embassy still requested an DNA test on the child.

One couple I knew personally and like you I thought that too, but they in fact can ask for a test even with a birth certificate in hand. 

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1 minute ago, Mamabrown3 said:

No. I know I'm not wrong because I know two cases in the last 24 months where the parent's of the child were married and the embassy still requested an DNA test on the child.

One couple I knew personally and like you I thought that too, but they in fact can ask for a test even with a birth certificate in hand. 

I've experienced it where a DNA test wasn't enough to override the law without a divorce decree declaring her not a child of the marriage...my daughter.

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15 hours ago, geowrian said:

The pregnancy effectively has no bearing on your case.

How?

 

If OP is actively involved (both physically and financially)  in his wife's pregnancy and is able to discuss joint future plans on how they raise their child during his AOS interview then the pregnancy should have a bearing on his case. This can be considered as bonafide evidence as long as they are actively making plans to raise their child together.


AOS FROM - F1 OPT (Married Apr 28, 2016)                                                                                                ROC
Day 00 - Jun-08-2016 - AOS Package Delivered [Chicago Lockbox]                                                                              Day 00 - Mar-12-2018 - ROC Package Delivered [California Service Center]        

Day 13 - Jun-21-2016 - Hardcopy NOA  for I-485, I-130, I-765                                                                                         Day 09 - Mar-21-2018- Check Cashed                                                                                        

Day 17 - Jun-25-2016 - Biometrics Letter [Appointment July 5]                                                                                      Day 11 - Mar-23-2018-Received NOA Letter

Day 50 - Jul-28-2016 -  Case Is Ready To Be Scheduled for an Interview                                                                      Day 68 - May-18-2018 - Received Biometrics WAIVER Letter

Day 61 - Aug-08-2016 - AOS Interview Letter [interview Date Sept 7]                                                                             Day 159 -Aug-17-2018 - Received 18 Month Extension Letter

Day 71 - Aug-17-2016 - Interview Cancellation Letter [unforeseen Circumstances]

Day 79 - Aug-25-2016 - New AOS Interview Letter [New Interview Date Sept 27]

Day 85 - Aug-31-2016 - Received EAD Card

Day 112 -Sep-27-2016 - AOS Interview [Case Status: New Card Is Being Produced] 

Day 118 -Oct-03-2016 -  Received AOS Approval Letter

Day 121 -Oct-06-2016 - Received Green Card [ROC opens ~ Mar 10, 2018]

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Just now, controlla said:

How?

 

If OP is actively involved (both physically and financially)  in his wife's pregnancy and is able to discuss joint future plans on how they raise their child during his AOS interview then the pregnancy should have a bearing on his case. This can be considered as bonafide evidence as long as they are actively making plans to raise their child together.

As noted already ITT, a child doesn't provide proof of any ongoing relationship. People can have children and not get married or even like each other, but still work together for their child.

 

"should" is much different than what actually happens.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

?/?/18: Interview

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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On 1/3/2017 at 9:00 PM, Kellyjakpa96 said:

My wife and I are gonna be filing tax jointly.  Is that also a good evidence? Should we use the joint tax details to fill the i-865? Or we should use her 2015 tax return she filed single?

You should use her most recent tax return (so 2015 if you file soon, 2016 if you file after she's submitted that to the IRS).

 

With that said, when it comes to interview, you can bring your 2016 joint filing as evidence. I would echo others and advice to get both names on a lease for you current residence, renters insurance, car insurance, etc. These are stronger pieces of evidence that receipts for rings/wedding etc.

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