AOS After 2 Years Of Marriage - i-130 essential?

[redpixie 0]

We're about to apply for out AOS and I really need some advice before we compile everything and send our money off.

Basically, we married in september 2008 and are only now in a position to apply for the AOS. My husband has been extremely ill for the last couple of years (neurological lyme disease), and we've had to scrimp and save around the additional expenses which resulted from his illness. Also, during this time, he was not able to work (he is a little better now and working to build up some businesses as he isn't really in good physical condition to work outside the home) and living with his parents, who helped a great deal but who haven't been in a position themselves to loan us money to get this sorted earlier.

We have the fees saved for the basic AOS and medical for me (around $1250). It has taken a lot of time for us to get into this position due to the situation above.

I've read a LOT of conflicting information on here about having to file for the I-130 in conjunction with the AOS. I came here on a K-1 finance visa and we did marry within the 90 day time frame. Is it 100%, absolutely essential to apply for the I-130 right now? It will be a hell of a strain having to come up with the additional $400 before I am able to work here.

I don't mind having to have the conditional GC and paying for the ROC later, as we will be in a much better position then. I will be able to work with the EAD remember. Paying an extra $500-$600 when there's an income coming in is a lot easier than having to find an extra $400 with no real income.

According to the legal sites, there is no need to apply for the I-130, but according to members in here, it's more or less essential. I'm confused. Do I trust you all or the legal sites? I'm thinking the folks in here as at least you guys might have real experience of what to do where as lawyers can want things to fail in order to rip money out of you for representation at appeal.

Another few points to consider; We have very little in the way of letters of joint finances. We DO have a joint BoA account, he was added as an extra card holder for my cc and we have this year's joint tax return (essential to file for the AOS, even if it reflected little in the way of earnings for him). Other than that, nothing. We still live with his folks, so no rental agreement. We also have no life or health insurance, and his car was a hand me down from his parents.Is this going to be problematic?

Also, wedding photos...we got married in Galveston the day before Ike hit and conditions on the beach were not great. We do have some wedding pics, but I didn't get married in a conventional wedding dress (I married in a purple dress). Our wedding pics look more like evening event pics that wedding pics. We do have a wedding video though (not that that is much help), and also the wedding service book, which the priest signed.

I don't know. I'm worried sick about applying and us getting denied. What we do have going for us is the fact we lived together in Ireland and the UK for 3 years before coming to the US. I still have our old rent book from Ireland to prove this.

anyway, help..please

[redpixie 0]

Any advice?

[Messybrownhair 251]

If you got the certified marriage certificate then I don't think you would need to prove anything else in terms of the wedding.. For your other questions, I don't know, sorry, but someone here will know. Do you still have your NOA2 from k1, your i-94 and the passport stamp? Goodluck and I wish you and your husband the best. ^.^

[Harpa Timsah 13,258]

It is not required to file the I-130 with I-485 for K-1 entrants who did not file AOS until after 2 years of marriage. People here generally suggest it because there is a rule that stipulates that people filing I-485 based off of an approved I-129F will get a 2-year GC, even if they have been married over 2 years. The suggestion is just to save time, not because you risk getting denied. If you would prefer to pay the ROC fees later, you can absolutely just file the I-485 now. You may even luck out and get a 10-year GC issued, if the adjudicator chooses to prefer the 2-years marriage law over the I-129F law. Good luck!

[redpixie 0]

Thanks Messy

We certainly do have the marriage certificate. We were actually really worried at the time about getting that sorted. As I say, we married in Galveston the day before Ike hit and ruined the island. We thought the form might have got destroyed in the post, what with everything getting flooded and washed away. Fortunately, the priest must have sent it from a different location and it got to us a few days after power was restored to our area. Great way to spend your first few days as a married couple huh?! Evacuated from our honeymoon and without power, water and other essentials for 2 weeks . What an adventure!

As for the NOA2, yup. My MiL dug that out for me a few weeks ago. It was delivered to the family home in the US as both myself and my husband were living in Ireland when we filed for the K1. Also still have the I-94. Stamped and with my A# written on the back by the POE people.

Also, we have a tonne of family pics from all major holidays...b'days, xmas, july 4th..etc. We also have a lot of family pics when we were ding some house renovations. Not only of my and my husband, but also me and my SiL, miL and FiL. Lots of family group pics too.

[redpixie 0]

Hi Harpa,

Thanks for letting me know that. Like I say, it's really just a financial thing right now. While we have saved for the AOS and medical, the addition of the I-130 right now would be really problematic. It would take us a good few months to save the extra, and there's no guarantees we wouldn't have to use that extra money for more medical expenses right now. like most folks, times are really tough for us.

I think it might be best to just go for the AOS forms and payment, in that case. Again, if we get the 2 year conditional, we will be in a better position to have the restrictions removed later as I will be able to find a job. $500 isn't back breaking if you have an income to cover it, where as $400 is when you don't.

Thanks again.

[Messybrownhair 251]

don't forget to join the april filers thread!

[redpixie 0]

Will do Though we're more likely to be May filers as we need to wait on the support forms from the inlaws, and also the med's not for a couple of weeks yet.

[JimVaPhuong 4,863]

It is possible your AOS could be denied and you could be told to refile with an I-130. It's happened before here on VJ. There have also been plenty of cases where the AOS was approved and a conditional green card issued, even though the marriage was more than two years old. It seems to be up to the IO who adjudicates the AOS application.

Personally, if I were in your shoes, I'd go ahead and file based on the K1 and not submit the I-130. Those cases that were denied and were told to refile with an I-130 seemed to mostly be people who had waited several years to file. In the worst case, you'll get an EAD while you're waiting for the AOS and be able to work and save up some money. In the best case, you'll be approved. What you have to lose is the filing fee, but it seems like you getting to work is more important at this point. I think there's a good chance you'd get approved without an I-130.

[redpixie 0]

Thanks for the advice Jim, it really is much appreciated.

I do think you are right. The most important thing really is to be able to get the EAD sorted out. That way, if we're told to resubmit with the additional form, or if we have to go through the process again, there will be a way to get it all done a lot more quickly and without all the worry. I am hoping that due to a lot of people having financial problems right now, they might be a little more understanding as to why we had to wait. Not everyone can be lucky enough to even be sure to keep a job from one week to the next right now. It's even tougher when you have a person who is eligible to work but can hardly get out of bed most days due to this debilitating and very real condition my husband has.

So, we will file and see what happens.

[JimVaPhuong 4,863]

Thanks for the advice Jim, it really is much appreciated.

I do think you are right. The most important thing really is to be able to get the EAD sorted out. That way, if we're told to resubmit with the additional form, or if we have to go through the process again, there will be a way to get it all done a lot more quickly and without all the worry. I am hoping that due to a lot of people having financial problems right now, they might be a little more understanding as to why we had to wait. Not everyone can be lucky enough to even be sure to keep a job from one week to the next right now. It's even tougher when you have a person who is eligible to work but can hardly get out of bed most days due to this debilitating and very real condition my husband has.

So, we will file and see what happens.

I've known people with Lyme disease. It really sucks. I hope his doctors get it under control.

[redpixie 0]

I've known people with Lyme disease. It really sucks. I hope his doctors get it under control.

Thanks Jim. Yes, it's been really, really bad for him the last couple of years. Considering the symptoms and diagnosis, it seems he has had Lyme for a good few years. These last two it's become neurological (ironic as he is a neuroscientist). If the random pains, heart fluctuations to the point of thinking he's having a heart attack, rashes, tinnitus and stomach problems aren't enough, the neurological problems have been terrible. fortunately, we found a dr who actually listened and had him put on the correct medication (in Texas it's had to find a lyme literate doctor). He's doing much better now, though recovery is slow and this could only be a temporary remission, as we have been told.

What amazes me is the amount of doctors who deny the existence of Lymes. It is such a real and horrendous disease.

I do hope your friends who have experienced the same illness are doing much better

[JimVaPhuong 4,863]

Thanks Jim. Yes, it's been really, really bad for him the last couple of years. Considering the symptoms and diagnosis, it seems he has had Lyme for a good few years. These last two it's become neurological (ironic as he is a neuroscientist). If the random pains, heart fluctuations to the point of thinking he's having a heart attack, rashes, tinnitus and stomach problems aren't enough, the neurological problems have been terrible. fortunately, we found a dr who actually listened and had him put on the correct medication (in Texas it's had to find a lyme literate doctor). He's doing much better now, though recovery is slow and this could only be a temporary remission, as we have been told.

What amazes me is the amount of doctors who deny the existence of Lymes. It is such a real and horrendous disease.

I do hope your friends who have experienced the same illness are doing much better

Lyme disease is difficult to diagnose. The bacteria is hard to culture in a laboratory, so the diagnosis is usually made based on the totality of the symptoms, and by gradual process of elimination. Individual symptoms often mimic other much more common illnesses. Doctors often diagnose and treat the more common causes of the symptoms before eventually concluding it's Lyme disease.

Lyme disease is definitely very real, and it's actually quite well understood. Any doctor who denies it's existence has probably not been keeping up with medical research.