What are all Evidence for AOS from H1B to Greencard

[bluehills73 2]

Hi All,

I am married to a green card holder on beginning of this year and he was my my Ex husband 1.5 yrs back we were married for 2.5 yrs and now we reunion last year septemeber and he is getting his citizenship on this June 4th 2009. Now what are the documents should I produce for evidence.

I am living in different city we don't have joint account. But I am 4 months pregnant now. Is the pictures enough or should I have to have more document to start the joint bank account now?

Any help would be appreicatable.

Thank you.

[^KK^ 3]

Hi All,

I am married to a green card holder on beginning of this year and he was my my Ex husband 1.5 yrs back we were married for 2.5 yrs and now we reunion last year septemeber and he is getting his citizenship on this June 4th 2009. Now what are the documents should I produce for evidence.

I am living in different city we don't have joint account. But I am 4 months pregnant now. Is the pictures enough or should I have to have more document to start the joint bank account now?

Any help would be appreicatable.

Thank you.

I think they would want to see something to prove bona fide marriage. How come you don't live together?

[Bobby+Umit 161]

Hi All,

I am married to a green card holder on beginning of this year and he was my my Ex husband 1.5 yrs back we were married for 2.5 yrs and now we reunion last year septemeber and he is getting his citizenship on this June 4th 2009. Now what are the documents should I produce for evidence.

I am living in different city we don't have joint account. But I am 4 months pregnant now. Is the pictures enough or should I have to have more document to start the joint bank account now?

Any help would be appreicatable.

Thank you.

With the info you posted, you will have a tough time proving a bonafide relationship with just pictures, and that it wasn't done to avoid immigration laws.

Read the instructions for the I-130 closely.

What was your status before getting married? What visa did you use to come to the US?

[bluehills73 2]

Hi All,

I am married to a green card holder on beginning of this year and he was my my Ex husband 1.5 yrs back we were married for 2.5 yrs and now we reunion last year septemeber and he is getting his citizenship on this June 4th 2009. Now what are the documents should I produce for evidence.

I am living in different city we don't have joint account. But I am 4 months pregnant now. Is the pictures enough or should I have to have more document to start the joint bank account now?

Any help would be appreicatable.

Thank you.

With the info you posted, you will have a tough time proving a bonafide relationship with just pictures, and that it wasn't done to avoid immigration laws.

Read the instructions for the I-130 closely.

What was your status before getting married? What visa did you use to come to the US?

I came to US 4 yrs back in H1B and I am working now in different city. We previously married and files taxes together for 2 years and then got seperated for an year and again remarried 4 months back. I still hold my Valid H1B for another 2.5 years. We are merging the accounts this month. So hopefully that should help us.

Thank you.

Hi All,

I am married to a green card holder on beginning of this year and he was my my Ex husband 1.5 yrs back we were married for 2.5 yrs and now we reunion last year septemeber and he is getting his citizenship on this June 4th 2009. Now what are the documents should I produce for evidence.

I am living in different city we don't have joint account. But I am 4 months pregnant now. Is the pictures enough or should I have to have more document to start the joint bank account now?

Any help would be appreicatable.

Thank you.

I think they would want to see something to prove bona fide marriage. How come you don't live together?

Because I work in different city and have a very decent job with work visa which I can't give it up until I get my EAD.

[justashooter 430]

So you want to convert your H1B to an AOS greencard by marriage to an American citizen. Your relationship bona fides look skimpy, at best, despite the fact that you are pregnant. You need to be able to demonstrate more of a relationship.

This gets complicated also because you were married before he became a citizen. Let's see if someone else can give you an answer regarding that twist. Maybe it's not an issue

Edited April 7, 2009 by justashooter

[Shelly&Jay 0]

We just filed AOS and had immigration lawyers (the same ones that processed his O1 visa) look at all our forms. They told us pictures are secondary evidence and not enough to prove a relationship. The 131 gives specifics. The bank account is good, open it immediately. How about life insurance or health insurance? Phone records? Any joint accounts of any type? What about a sworn affidavit of the relationship? We included two.

Good luck

Shelly

[bluehills73 2]

We just filed AOS and had immigration lawyers (the same ones that processed his O1 visa) look at all our forms. They told us pictures are secondary evidence and not enough to prove a relationship. The 131 gives specifics. The bank account is good, open it immediately. How about life insurance or health insurance? Phone records? Any joint accounts of any type? What about a sworn affidavit of the relationship? We included two.

Good luck

Shelly

Shelly,

Thank you. Yes we had life insurance and health insurance together and Joint Phone Account when we married first time and got seperated for 1.5 yrs then now reunion and got pregnent so married again. We successfully merged our accounts jointly today. He is going to get his citizenship in June 2009. My due is 2nd week of September so I am thinking whether to apply AOS before delivery or after delivery.

After this 2nd time marriage I added him in Dental insurance and 401K Beneficiary. When we married previously We filed Taxes together. I believe our shouldn't be an issue. But wanted to ask you guys who is expert on this procedures.

Thanks again.

[bluehills73 2]

So you want to convert your H1B to an AOS greencard by marriage to an American citizen. Your relationship bona fides look skimpy, at best, despite the fact that you are pregnant. You need to be able to demonstrate more of a relationship.

This gets complicated also because you were married before he became a citizen. Let's see if someone else can give you an answer regarding that twist. Maybe it's not an issue

I would like to know in what way you are saying this looks skimpy when we are married previously for 2.5 yrs and again married having a baby. Why that it would be skimpy for a bonafide marriage? I am a legal immigrant and have 2.5 yrs work visa left.

My husband and I know for past 5 yrs and we speak same language and come from same city in India. How does this would be that difficult? You mentioned that this is little complicated I would like know know how? Please explain me if you have time.

Yes we missed each other and wanted to get back so we are married and having baby. I hope this would answer your questions. :-) Thank you.

[Shelly&Jay 0]

I have no idea if your situation will make it more difficult to process. I only know that pictures are not enough to prove a relationship. I would include copies of all your insurance info that clearly states both of you on it especially the 401K which proves long term planning and of course anything with your future baby.

Congrats on the baby and good luck!

Shelly

[justashooter 430]

So you want to convert your H1B to an AOS greencard by marriage to an American citizen. Your relationship bona fides look skimpy, at best, despite the fact that you are pregnant. You need to be able to demonstrate more of a relationship.

This gets complicated also because you were married before he became a citizen. Let's see if someone else can give you an answer regarding that twist. Maybe it's not an issue

I would like to know in what way you are saying this looks skimpy when we are married previously for 2.5 yrs and again married having a baby. Why that it would be skimpy for a bonafide marriage? I am a legal immigrant and have 2.5 yrs work visa left.

My husband and I know for past 5 yrs and we speak same language and come from same city in India. How does this would be that difficult? You mentioned that this is little complicated I would like know know how? Please explain me if you have time.

Yes we missed each other and wanted to get back so we are married and having baby. I hope this would answer your questions. :-) Thank you.

I understand that in India or China living in seperate cities is not so unusual, but your interviewer will look at your relationship with American perspective. that's just the way it is.

an AOS interviewer will look to see if a couple is cohabitating as the strongest evidence of relationship. long term financial support and shared insurance is not proof of anything more than a business deal in their eyes. since you are not living together, there is a natural question of the validity of your relationship. you need to have convincing proof that your marriage is more than just a business deal. this should include a definite plan for living together in the long term, with a timeline and actions to demonstrate that you are serious about getting together. the child, with established paternity, is good evidence, but not enough if you are not living together. too many people are engaging in fraudulent marriages for immigration benefits. this makes life difficult for those in sincere, but unusual relationships.

you could get lucky, have case transferred to CSC, and avoid the AOS interview, altogether.

apply for AOS before or after birth? birth in the US will confer citizenship to the child, doubly so in that the father is a USC. gaining a passport for the child would be a seperate issue, and easy to do with the birth certificate in hand.

[bluehills73 2]

So you want to convert your H1B to an AOS greencard by marriage to an American citizen. Your relationship bona fides look skimpy, at best, despite the fact that you are pregnant. You need to be able to demonstrate more of a relationship.

This gets complicated also because you were married before he became a citizen. Let's see if someone else can give you an answer regarding that twist. Maybe it's not an issue

I would like to know in what way you are saying this looks skimpy when we are married previously for 2.5 yrs and again married having a baby. Why that it would be skimpy for a bonafide marriage? I am a legal immigrant and have 2.5 yrs work visa left.

My husband and I know for past 5 yrs and we speak same language and come from same city in India. How does this would be that difficult? You mentioned that this is little complicated I would like know know how? Please explain me if you have time.

Yes we missed each other and wanted to get back so we are married and having baby. I hope this would answer your questions. :-) Thank you.

I understand that in India or China living in seperate cities is not so unusual, but your interviewer will look at your relationship with American perspective. that's just the way it is.

an AOS interviewer will look to see if a couple is cohabitating as the strongest evidence of relationship. long term financial support and shared insurance is not proof of anything more than a business deal in their eyes. since you are not living together, there is a natural question of the validity of your relationship. you need to have convincing proof that your marriage is more than just a business deal. this should include a definite plan for living together in the long term, with a timeline and actions to demonstrate that you are serious about getting together. the child, with established paternity, is good evidence, but not enough if you are not living together. too many people are engaging in fraudulent marriages for immigration benefits. this makes life difficult for those in sincere, but unusual relationships.

you could get lucky, have case transferred to CSC, and avoid the AOS interview, altogether.

apply for AOS before or after birth? birth in the US will confer citizenship to the child, doubly so in that the father is a USC. gaining a passport for the child would be a seperate issue, and easy to do with the birth certificate in hand.

Thank you so much for you valuable time and clarification. I wanted to give you the situation why I work in different city. I have a H1B Work visa which is valid for only one company and If I have to move to city where he lives I need to find a job with the employer who can sponsor my H1B. Currently no body wanted to sponsor H1B and everybody wanted either EAD or Greencard. With this scenario I have to work to maintain my legal status in this country.

Now when we get the status adjusted then I will switch to job in FL where he lives and can easily move and live together. We desperately wanted to live together and I know initially that was the main reason for him to got frusturate and legally seperated. I knew from heart that he will come back and we are gonna be together for lifetime and I waited that happened and here we are.

Currently My husband and I flying back and forth every 10 days to see each other. I know the pain of both of us having tears when de drops me off in the Airport.

I pray god and our love is true. TRUE LOVE NEVER FAILS. Thank you so much for your help and guidance. Let's hope for the best.

[Shelly&Jay 0]

I would include boarding passes if you are flying to see each other. And as much evidence as you can given your situation. As for a business deal, in my opinion living together could be part of that also as many places have more than one bedroom. That's why there is a two year conditional period so you can show more evidence such as living together in your case.

The interviewer will know the stipulations on your current visa and that you can't just move. My husband is on an O1 visa although I moved to be with him, we have the same issue. He can't just change jobs as his visa only applies for 1 company.

Can you talk with an immigration lawyer?

[bluehills73 2]

I would include boarding passes if you are flying to see each other. And as much evidence as you can given your situation. As for a business deal, in my opinion living together could be part of that also as many places have more than one bedroom. That's why there is a two year conditional period so you can show more evidence such as living together in your case.

The interviewer will know the stipulations on your current visa and that you can't just move. My husband is on an O1 visa although I moved to be with him, we have the same issue. He can't just change jobs as his visa only applies for 1 company.

Can you talk with an immigration lawyer?

Yes we did and he said this shouldn't be an issue since you guys were married previously and filed taxes together and having baby is a positive and they know the conditions of H1B. My lawyer hoping that I wouldn't even get into AOS category and strightly get my 10 yr green card. But we never know to whoes hand we are going to be for an interview. We are already married before he gets his citizenship. Actually we got married before even he applies N400 for Citizenship. So he mentioned my name as a current spouse and also EX-Spouse.

So let us see what else we can prepare for the document purpose. That's a good idea of keeping all boarding passes however wouldn't they think we purposely flying and saving the boarding pass because we won't usually keep the boarding pass right. I have the one which I flew last week and I can start save them in future.

Now we have a joint phone account , Current Bank account, each other beneficiary for each other's life insurance. Both time Marriage certificate one from India and another one in US. All W-2 documents and previous phone, car insurance joint account. We have properties that are seperate but that was bought before got married and after marriage. We had joint credit card account that were closed when we seperated legally.

Let us see. God is there and I am hoping for the best.

[Shelly&Jay 0]

I also read someplace you should keep stubs of say movies or museums you go to together and no you might not normally keep that stuff, but for the purpose of AOS you should keep it at least for the interview.

I haven't gone through the interview process, but we are starting to put together as much evidence as we can that we do things together as a couple along with all the financial evidence. Yes, it seems silly to keep stubs from places or boarding passes but it shows that we do things that normal couples would do. Yes all of it could be done to just fake a relationship, that's why you have to wait 2 years to get the restrictions lifted.

Can you get a greencard with an H1? My husband is on an O1 and after numerous years he can actually file for a green card without marrying a citizen. The downside is he must stay with that company until the green card goes through since they are his sponsor. So he didn't need to marry me to stay in the country. Why would you fake a relationship if you can stay and work legally without?

Follow the advice of your lawyer especially if it's the same one used for your H1.

Goodluck,

Shelly

[bluehills73 2]

I also read someplace you should keep stubs of say movies or museums you go to together and no you might not normally keep that stuff, but for the purpose of AOS you should keep it at least for the interview.

I haven't gone through the interview process, but we are starting to put together as much evidence as we can that we do things together as a couple along with all the financial evidence. Yes, it seems silly to keep stubs from places or boarding passes but it shows that we do things that normal couples would do. Yes all of it could be done to just fake a relationship, that's why you have to wait 2 years to get the restrictions lifted.

Can you get a greencard with an H1? My husband is on an O1 and after numerous years he can actually file for a green card without marrying a citizen. The downside is he must stay with that company until the green card goes through since they are his sponsor. So he didn't need to marry me to stay in the country. Why would you fake a relationship if you can stay and work legally without?

Follow the advice of your lawyer especially if it's the same one used for your H1.

Goodluck,

Shelly

Exactly. I agree with you. My Green card thru employment is already on process for last 2 years. But it takes time atleast another 3-4 years to get the EAD and I need to stick with my employer until I get my GC which typically takes down the road 5 yrs. But I am fine with that if I have no option. I will kepp saving all the documents as you noted on the mail. Thank you.