Starting AOS process, May have some Red Flags :(

[Rebecca Jo 1,962]

I'd like to add overstay is forgiven/irrelevant for immediate relatives of US Citizens who adjust in-country. It is not forgiven for aliens who have overstayed and left the country, and now have a ban. A waiver is required for that.

Overstay isn't really "forgiven". At least that's not the legal wording or premise.

The INA simply states that neither an overstay nor unautorized employment prohibit the foreign spouse of a USC from applying to adjust.

However, if there are other reasons to deny the case, any overstay will be added into the adverse descision. In fact, that overstay will probably be the offense upon which the Order of Removal is written.

Edited May 9, 2012 by Rebecca Jo

[jdh 103]

Overstay isn't really "forgiven". At least that's not the legal wording or premise.

The INA simply states that neither an overstay nor unautorized employment prohibit the foreign spouse of a USC from applying to adjust.

However, if there are other reasons to deny the case, any overstay will be added into the adverse descision. In fact, that overstay will probably be the offense upon which the Order of Removal is written.

Wait, wait, wait....

Not a few hours ago you were saying that you had never heard of it carrying heavier weight than family ties and now you are referencing the exact method of determination I was referencing - in that the adverse factors are weighed and used in the discretionary decision and if those negatives outweigh the positives the case may be denied...

I think somebody is just a contrary bunny and likes to contradict with non-consequential itty bitty details.

[Rebecca Jo 1,962]

Wait, wait, wait....

Not a few hours ago you were saying that you had never heard of it carrying heavier weight than family ties and now you are referencing the exact method of determination I was referencing - in that the adverse factors are weighed and used in the discretionary decision and if those negatives outweigh the positives the case may be denied...

I think somebody is just a contrary bunny and likes to contradict with non-consequential itty bitty details.

I don't think that's what I said at all.

I AM trying to describe how the law works. I am not trying to contradict with itty bitty details. And I'm not trying to prove you wrong.

I've noticed you posting a lot. I thought you might like to learn a little bit of what I learned from others. I am not trying to offend you and I don't know why you would have any umbrage with what I said.

Terminology is important. "Forgiven" is not a term used anywhere in the INA or the FAM. And "family ties" only go so far as they allow the alien to apply for a benefit that another alien is not eligible for.

It's your choice if you want to fight about it. I'm really not trying to start one.

[jdh 103]

No one is fighting...

But the nitty gritty details are not as big a detail as you are making them out to be. A lot of people use the word forgiven, probably because it is easier for some immigrants to grasp than describing the technical law of it. As long as it is drawn out in a way that does not dilute the spirit of the system and describes it accurately, which most people do, than it is just not a big deal.

Saying forgiven/overlooked as long as it is followed with a description of how that works should be perfectly acceptable.

Saying field guide instead of field manual...really doesn't matter.

Also I really think you are under valuing family ties, because they actually do carry a lot of weight according to case law and precedents that USCIS uses. But that's just an opinion from what I have taken away from your posts.

Again I am not fighting with you at all...just saying sometimes it can come across as not-picky.

Keep calm and carry on, friend.

[RussianAmerican 0]

Moving so you can be on a lease to establish co-mingling of assets is a bit extreme IMO.

Mom who is paying the bills not knowing? Way. Bigger. Issue.

I can recall our AO asking for photos. We had our wedding album. He wanted to know who put the album together. He wanted to know who the people were in the photos. He smiled at the pictures of my grandmother.

OP, fix your family situation. Otherwise, your marriage smells a little like marriage for hire.

His mother is not paying the bills, he pays his bills. It's slightly more complicated.

I understand how it looks like an issue, but it's not evident on any papers or forms unless they ask, right?

[RussianAmerican 0]

And as a self employed person he will need to show his last three years taxes, not just the most current year.

It will be up to the AO if they decide to disregard the previous years of low earnings.

How accurate is this statement? The form does say that three-year taxes are optional and the requirement is just one year? May I send one year taxes in the initial package and i guess if it's an issue they'll return it for RFE, correct?

[RussianAmerican 0]

I appreciate all of your advices and opinions. Honestly, i'm in the mode of slow panic I see how the red flags keep rising more and more. I didn't realize that having both names on leasing papers is this crucial.

As of right now, as a proof of bona-fide marriage i only have few pictures (including picture with my mom), power bill with both names, joint bank account and we'll pay the fees with a check with both our names on it, also i have few magazine subscriptions with my name on it coming to our home and he has few letters with his name on it. I want to add two affidavits from our mutual friends who'd describe how long they know us and that they're aware of our marriage and living conditions.

But that's it.... and i'm starting to feel desperate

[DandT14 272]

I appreciate all of your advices and opinions. Honestly, i'm in the mode of slow panic I see how the red flags keep rising more and more. I didn't realize that having both names on leasing papers is this crucial.

As of right now, as a proof of bona-fide marriage i only have few pictures (including picture with my mom), power bill with both names, joint bank account and we'll pay the fees with a check with both our names on it, also i have few magazine subscriptions with my name on it coming to our home and he has few letters with his name on it. I want to add two affidavits from our mutual friends who'd describe how long they know us and that they're aware of our marriage and living conditions.

But that's it.... and i'm starting to feel desperate

If it makes you feel any better, that's about all we have as well...and we've been living together for almost 2 years. I'm sending it in and plan on gathering as much as I can prior to the interview.