I485 denied and I130 approved

[IndyThorpe 1]

I am confused

Your earlier posts here on VJ say that you are the immigrant, not your husband...?

http://www.visajourney.com/forums/topic/296275-i-came-to-usa-on-b2-visa-and-changed-it-to-m1-and-now-i-married-a-us-citizen-what-next/page__p__4488380__fromsearch__1#entry4488380

http://www.visajourney.com/forums/topic/297327-m1-visa-but-not-in-school-due-to-financial-reasons/page__p__4502213__fromsearch__1#entry4502213

I don't understand how something like THAT can be mistaken

Are you the beneficiary, or is your husband the beneficiary???

What is the point of posting something that is untrue?

i am the petitioner and in my earlier post's my hubby was writing them sorry for the confusion!!

[Ready to do it 101]

Add your husband to your lease would be step 1. I agree with others. If your husband was already here on a visa which was about to expire and you guys married after only knowing each other for 3 months and invited no one to the wedding... lots of red flags. They then see that your husband was not added to the lease, which is the law. Your response was something about breaking a lease. You answered their question with a remark about not adhering to a contract of some sort, i.e. a lease. Ultimately this means, you are in breach of contract by not adding him to the lease and then your reason for not adding him to the lease is something to the effect that you plan on breaking your lease... breach of contract again. Uphill battle IMO.

Step 1 , add him to the lease

Step 2, follow the good advise given here by the experienced posters (which may recommend getting an attorney involved).

Edited August 8, 2011 by Ready to do it

[IndyThorpe 1]

I don't believe they are saying you are committing fraud for purpose of obtaining a green card. What I think they're saying is that on your lease, you are suppose to add to lease when someone live with you. I don't think apartments really track this because it's really hard to do..

Get ur hubby added to your lease would be a start...

i am getting him on it as soon as possible.

[IndyThorpe 1]

Add your husband to your lease would be step 1. I agree with others. If your husband was already here on a visa which was about to expire and you guys married after only knowing each other for 3 months and invited no one to the wedding... lots of red flags. They then see that your husband was not added to the lease, which is the law. Your response was something about breaking a lease. You answered their question with a remark about not adhering to a contract of some sort, i.e. a lease. Ultimately this means, you are in breach of contract by not adding him to the lease and then your reason for not adding him to the lease is something to the effect that you plan on breaking your lease... breach of contract again. Uphill battle IMO.

Step 1 , add him to the lease

Step 2, follow the good advise given here by the experienced posters (which may recommend getting an attorney involved).

his visa expired in may so when we filed he was in status..i did a justice of peace wedding and my family is out of town and country so that's why no one attended plus i always wanted something private and i want a big reception with everyone when they can all be here. but thats my choice and i hope im not being judged for it

[missicy 87]

his visa expired in may so when we filed he was in status..i did a justice of peace wedding and my family is out of town and country so that's why no one attended plus i always wanted something private and i want a big reception with everyone when they can all be here. but thats my choice and i hope im not being judged for it

We are not judging you, we are just trying to figure out other possible reasons for RFE. Because honestly, there have been cases approved without a joint lease before so I think that IO wants to see more than just both names on the lease. IO is suspecting a fraud so you need to get much more evidence, the lease is just one of the things they are expecting to see.

[VanessaTony 3,567]

i am getting him on it as soon as possible.

Doesn't matter if you add him now.. it's not valid proof of relationship if you do it AFTER being told. You need to present them with evidence from BEFORE the interview. Anyone can go and do this stuff if told to...

we had separate interviews i went first and when i told the IO that my husband was not on the lease she said that she can approve the i-130 but not i-485. she was a little funny about our wedding because it was only me and my husband and son that attended but my reason for that is i didnt have alot of money to have a big family wedding plus all my family is in different states and out the country so i am planning a wedding reception for december where everyone can attend.

and the reason i gave for not having him on the lease was that i didn't know i could " break" my lease early i was waiting for my re-certification in october. also she said i am committing fraud by having him live with me without having him on my lease. i honestly never knew about an addendum which is to add someone to the lease in between the lease period. but i just signed up for joint life insurance and i will be adding him to my health insurance once he receives his first pay stub ..this is so stressful but i have 87 days to get everything together and hopefully then they grant my husband his greencard.

As i said to your previous post about doing stuff "now".. it doesn't count. You need proof from BEFORE. Affidavits from your apartment super/manager who knew you lived together. Licences with same address. Him being on your car insurance, having him as an emergency contact on stuff.

Nothing you do after the interview counts so while it's great you're doing it.. they're likely to not accept it. You need to find stuff from BEFORE the interview.

Also, you were separated at the start? They already suspect your relationship is fake. That's a Stokes interview and it's rarely done FIRST, it's usually a second interview. It's only first (like in your case) if they already suspect fraud. What questions did they ask you? What questions did they ask him? Did you compare your answers? Did you answer the same? How many did you answer differently?

Edited August 9, 2011 by Vanessa&Tony

[masai 0]

Ok. I am in the same boat as you as I cannot add my wife to any of my financial things because they all want a social security number. We tried applying for that, but because her i94 card expired, they denied her application. I also will not be able to add her to anything, but here is what you should do.

First, did you tell your friends and family about the wedding? If so, get it in writing from them, and why they could not attend, if you invited them.

Second, affidavits from friends and family that know about your relationship, and that know you live together.

Third, even though you did not add your husband on the lease, I hope you did tell your landlord who he is and that he is living with you, if so, get a letter from him for the same.

Fourth, if your husband has a social security number, there should not be any reason why he should not be on your bank account, if it is still difficult to add him, for whatever reason, add him to your credit card accounts.

Eighty seven days are plenty, but make a list first, and then cross them off. At this time, your best bet is to get as many affidavits as you can to vouch for your relationship, ie that is what we will have to do.

If he doesn't have a ssn and you already applied, you should have a letter of denial stating why, and you may also submit that.

Good luck.

This is correct. you have to produce more paperwork! add him on the lease! get some neighbors write some affidavits saying that he lives there, good guy... notarize them. Get the bills, parent write affidavits. write a nice letter explaining that you love him, respect the law and bla bla bla. I also noticed that you had 2 previous RFE.(this shows that you are not careful when it comes to immigration...)

You might want to send it under an immigration lawyer to make your case stronger.

[ceadsearc 515]

Was this your first interview? Either way, if you were split up to be interviewed, they are already (very) suspicious that your marriage is fraudulent. It may well be because, according to the timeline in your signature, you were only officially dating for 26 days before you got married. That's an extremely short courtship, especially given that his visa was about to expire within a few months (and I may be wrong, but if I recall correctly I believe M-1 visas are generally only valid for about a year or so anyway).

Regardless, the lease was probably something that just added to their suspicion. Whether or not it was in violation of the apartment complex's rules is not something they most likely really care that much about, so while they might point that out to you they're almost certainly not going to deny you or give you an RFE because you violated the rules of the apartment complex you live in. You are certainly not the only one who has ever gone to an interview without your spouse on your lease - my husband was not on my lease at the time because the apartment complex was fine with just waiting to add him when our lease renewed in a couple of months - and while the immigration officer did question it, once we told them why they simply asked what other evidence we did have.

Gather any evidence you have now, and send it in. Again, it would not hurt to consult an experienced immigration attorney since you've already had one Stokes interview.

[NigeriaorBust 4,087]

You mentioned you were waiting until after recertification , are you on public housing of some form? Are you getting benefits based on income and not reporting his ? If you are collecting means tested items you have to be carefull as he is not allowed to. Even though you and your son can it gets strange about him ( His incomes counts as house hold income but his body doesn't ) What red flags do you have , besides the expiring M1 , age differences ? Race , previous immigration petitions ? You have to figure out what caused them to interview separately , as they could be looking for you to submit something that proves what ever they suspect and that would not be good for you.

[JAPrincess 27]

i am the petitioner and in my earlier post's my hubby was writing them sorry for the confusion!!

There is plenty of good information for you in this thread.

[IndyThorpe 1]

Was this your first interview? Either way, if you were split up to be interviewed, they are already (very) suspicious that your marriage is fraudulent. It may well be because, according to the timeline in your signature, you were only officially dating for 26 days before you got married. That's an extremely short courtship, especially given that his visa was about to expire within a few months (and I may be wrong, but if I recall correctly I believe M-1 visas are generally only valid for about a year or so anyway).

Regardless, the lease was probably something that just added to their suspicion. Whether or not it was in violation of the apartment complex's rules is not something they most likely really care that much about, so while they might point that out to you they're almost certainly not going to deny you or give you an RFE because you violated the rules of the apartment complex you live in. You are certainly not the only one who has ever gone to an interview without your spouse on your lease - my husband was not on my lease at the time because the apartment complex was fine with just waiting to add him when our lease renewed in a couple of months - and while the immigration officer did question it, once we told them why they simply asked what other evidence we did have.

Gather any evidence you have now, and send it in. Again, it would not hurt to consult an experienced immigration attorney since you've already had one Stokes interview.

everyone who came for green card interviews were split up..i was surprised too and about the lease i thought i was to wait till it was renewed to add someone ..my mistake..when i go back i will have about 5 letters from friends and family, life and health insurance policy,cell phone bills, cable bill and the lease.

[IndyThorpe 1]

You mentioned you were waiting until after recertification , are you on public housing of some form? Are you getting benefits based on income and not reporting his ? If you are collecting means tested items you have to be carefull as he is not allowed to. Even though you and your son can it gets strange about him ( His incomes counts as house hold income but his body doesn't ) What red flags do you have , besides the expiring M1 , age differences ? Race , previous immigration petitions ? You have to figure out what caused them to interview separately , as they could be looking for you to submit something that proves what ever they suspect and that would not be good for you.

okay i am in public housing, my husband just started working last week and my lease is up for renewal so i am going to add his income to it and i am 22 and he is 20 not much a difference this is our first immigration process for green card and like i said before everyone who was there for the marriage green card interview was separated.

[IndyThorpe 1]

Doesn't matter if you add him now.. it's not valid proof of relationship if you do it AFTER being told. You need to present them with evidence from BEFORE the interview. Anyone can go and do this stuff if told to...

As i said to your previous post about doing stuff "now".. it doesn't count. You need proof from BEFORE. Affidavits from your apartment super/manager who knew you lived together. Licences with same address. Him being on your car insurance, having him as an emergency contact on stuff.

Nothing you do after the interview counts so while it's great you're doing it.. they're likely to not accept it. You need to find stuff from BEFORE the interview.

Also, you were separated at the start? They already suspect your relationship is fake. That's a Stokes interview and it's rarely done FIRST, it's usually a second interview. It's only first (like in your case) if they already suspect fraud. What questions did they ask you? What questions did they ask him? Did you compare your answers? Did you answer the same? How many did you answer differently?

everyone was separated for the marriage based interveiws, i have pictures of us at family gatherings, i will have letters from friends and family, he has been getting his mail at my house since november, i have purchases we bought together, gym membership,bank accounts and debit cards with same acct#, we have gone on a day trip back in june and i have ticket stubs. but i will have him on my health insurance and life insurance as soon as he gets his first pay stub seeing that he just started last week thats a reason why we didnt have much more evidence on paper such as health and life insurance,we just recently got a family plan cell phone under his name. i hope this is enough because i cant imagine being with out him .

[IndyThorpe 1]

Ok. I am in the same boat as you as I cannot add my wife to any of my financial things because they all want a social security number. We tried applying for that, but because her i94 card expired, they denied her application. I also will not be able to add her to anything, but here is what you should do.

First, did you tell your friends and family about the wedding? If so, get it in writing from them, and why they could not attend, if you invited them.

Second, affidavits from friends and family that know about your relationship, and that know you live together.

Third, even though you did not add your husband on the lease, I hope you did tell your landlord who he is and that he is living with you, if so, get a letter from him for the same.

Fourth, if your husband has a social security number, there should not be any reason why he should not be on your bank account, if it is still difficult to add him, for whatever reason, add him to your credit card accounts.

Eighty seven days are plenty, but make a list first, and then cross them off. At this time, your best bet is to get as many affidavits as you can to vouch for your relationship, ie that is what we will have to do.

If he doesn't have a ssn and you already applied, you should have a letter of denial stating why, and you may also submit that.

Good luck.

okay last month he just got his SSN and i added him to my bank and i am waiting to add him on my health and life insurance. i looked up my rights for adding someone to my lease and i couldnt because he didnt have an SSN at the time of marriage. just about a week ago i got my renewal of my lease so i plan to add him soon i am just waiting for his pay stubs or maybe they can do it without pay stubs and i send them in later when we get 4 of them. i knew all of this but i totally was caught off guard at the way the woman was drilling me ..this is my first immigration experience now i know how to go about it next time..i will have tons of paperwork and pray they can understand. i hope you get you GC with out a worry. just as soon as your spouse gets her SSN add him/her to everything!!!! the IO will find something wrong so try get Affidavits of a bona fide marriage,gym memberships,cell phone plan, life insurance, health insurance, tons of pictures and emails if possible ( i had hundreds of emails my saved and they are gone because my computer crashed in june. i should have just saved them to a yahoo folder but i wasnt thinking my new laptop would crashh errr) anywho good luck

[milimelo 4,196]

Moving thread to AOS from work, student, tourist visa as OPs husband is adjsuting status from M1 visa.