RECENTLY MARRIED AND WILLING TO ADJUST MY STATUS.... F1 VISA

[Lova 0]

Good afternoon everyone,

Quick background: I met my husband last year in February, we started as friends and then it became more serious until he asked me to marry him on his birthday (last November). We got married in December but we just have our witness, a common friend because his parents (they live in Miami and mines live in France). He is a U.S. citizen and both of us are students. However, we are still currently looking for a place to move in together (it is not that easy in New York City) and he doesnt work anymore. Here are my questions:

-He does not work but my aunt who is also my sponsor made $29, 000 last year and my husband and I would be filing for joint tax return foe about $11,000. Is that enough money for the I-485 form if combined?

-He is not currently employed due to his full-time status... Is that a problem?

-As stated earlier, we do not live together for now so I don't know if it's a mojor issue, but I see him every day, we take the same classes, we are majoring in the same field, doing our internship within the same program and volunteer in the same organization.

Do you think that my adjustement will be approved?? Many thanks in advance and have a nice day...

[Penguin_ie 5,985]

Not living together is a biggie, but you can document the reasons why.

If aunt has no dependants, you should be fine for the financial part; him not working is not a problem as long as you have a co-sponsor.

[missaero 7]

Welcome to the forum!

Couple of quick questions, does your Aunt have any dependents? [EDIT: Penguin_ie just mentioned this!] To determine if she alone has enough income (including any dependents she has) look at:

I-184P

Not living together right at this moment need not be a problem but you do need to show there is a bona fide marriage taking place. Do you have any joint bank accounts? If no, I suggest opening one and start using it. An inactive bank account isn't much use. Other things you can do is get joint insurance, joint credit cards, etc.

You may also want your friends to put together sworn affidavits that you are a legit couple. In that affidavit they can mention the fact that you are living apart but are actively seeking an apartment etc. In fact I also would have the person who coordinates for the volunteer organization write one too since that is likely to hold a little more water with USCIS than simply friends affidavits.

I would look at the guides on here and see exactly what documentation you will need to start putting together. The instructions can be a bit of a minefield but once you see what it is you are looking for, you can start to see what is ahead of you.

Edited February 1, 2011 by missaero

[Lova 0]

Not living together is a biggie, but you can document the reasons why.

If aunt has no dependants, you should be fine for the financial part; him not working is not a problem as long as you have a co-sponsor.

Thank you so much for your answer... So do you think that it is better to wait before we move in together?

[Lova 0]

Welcome to the forum!

Couple of quick questions, does your Aunt have any dependents? [EDIT: Penguin_ie just mentioned this!] To determine if she alone has enough income (including any dependents she has) look at:

I-184P

Not living together right at this moment need not be a problem but you do need to show there is a bona fide marriage taking place. Do you have any joint bank accounts? If no, I suggest opening one and start using it. An inactive bank account isn't much use. Other things you can do is get joint insurance, joint credit cards, etc.

You may also want your friends to put together sworn affidavits that you are a legit couple. In that affidavit they can mention the fact that you are living apart but are actively seeking an apartment etc. In fact I also would have the person who coordinates for the volunteer organization write one too since that is likely to hold a little more water with USCIS than simply friends affidavits.

I would look at the guides on here and see exactly what documentation you will need to start putting together. The instructions can be a bit of a minefield but once you see what it is you are looking for, you can start to see what is ahead of you.

Thank you so much! No my aunt does not have any dependants besides me.... Thank you so much for reminding me to ask a letter of recammandation to the one in charge of the interview...

That was fast! Thanks!!

[Penguin_ie 5,985]

Thank you so much for your answer... So do you think that it is better to wait before we move in together?

Not at all- the earlier you move in together (ideally before you file), the better. In the USA, married people usually live together and not doing so will raise questions.