Affidavit is not available to file AOS

[Ktone 14]

Hi,

I don't know where to ask, but let me post this here anyway.

I'm in the US since 2012 with my student visa. Currently I have OPT. I got married with my USC husband at the courthosue in December 2014. We didn't do any kind of ceremonies and I didn't mind it because we are poor.

Since we are married only for the short period of time, we don't have evidence for our bona fide marriage, such as joint bank account, leasing contract with our name etc. Literally nothing. So the last option we can take is to get the sworn affidavits from his family or friends. The problem is, he hasn't told almost anyone that we got married. He still introduces me to his friends as a girlfriend. Though we visited his mom after we filed marriage, I don't think he has told her. I keep asking him to find someone he can ask to write this document and he hasn't done anything for me.

I'm very concerned now, becasue my OPT expires during summer and I have to stop working if the new EAD doesn't come before the expiration. Do you have other ideas how I can file I-864?

[Darnell 8,478]

i would take the next 5 days and get things with both names on them.

Then file for AOS.

anyway - that's my suggestion, and it won't change, based on what you've written here.

[spring333 44]

Do not file AOS before you get all paperwork. why rush? You are married to US citizen and you will be fine. You can get lease agreement on both names just after one phone call. call landlord.

Go to bank togheter and add each other to acc. That is extra 20 minutes.

Call comed and comcast and request to add your name to bills.

Credit cards? add each others.

You guys probably drive cars and have insurance. Call insurance and add each other to ins. Next 15 minutes.

DO NOT FILE AOS if you dont have proper paperwork. I will always remember my lawyers advise - once you have all paperwork ready then you can file AOS. Do not make your life complicated because you dont have papers. Those all profs can be done in few hours.

also you said you got married in Dec last year. so file income tax together jointly. That would be enough of evidence.

And wait few more months before filing AOS. No rush and good luck

[ggodoi 9]

My situation is very similar to yours, I came to the U.S. in 2008 on a F1, December 2012 I got married (I was never in a OPT tho) We found out my wife was pregnant in January 2013 she didn't qualify for I-864 nor had anyone that could be a joint sponsor. I went out of status and started working and my wife stayed home and went to school. There was nothing we could do to get my situation straighten up as she had no income. Finally in 2014 with baby getting bigger she was able to start working and this month (March 2015) after filing taxes where she met poverty guidelines, we sent all paperwork to AOS. It wasn't easy going through this couple years I can't put in words how good it felt to finally be able to start the process. My DL expired in May 2014 with my F1 Visa but I was out of status long before that since I was out of school already.

I wanted to share my case because it seems really close to what you are going through.

My only concern is why your now husband dnt want people to know you both r married? It seems like you need to seat down with him for a talk and get things on track. Good luck to you.

[Ktone 14]

Do not file AOS before you get all paperwork. why rush? You are married to US citizen and you will be fine. You can get lease agreement on both names just after one phone call. call landlord.

Go to bank togheter and add each other to acc. That is extra 20 minutes.

Call comed and comcast and request to add your name to bills.

Credit cards? add each others.

You guys probably drive cars and have insurance. Call insurance and add each other to ins. Next 15 minutes.

DO NOT FILE AOS if you dont have proper paperwork. I will always remember my lawyers advise - once you have all paperwork ready then you can file AOS. Do not make your life complicated because you dont have papers. Those all profs can be done in few hours.

also you said you got married in Dec last year. so file income tax together jointly. That would be enough of evidence.

And wait few more months before filing AOS. No rush and good luck

I'm in rush because my OPT expires soon. If i'm not sure when I can get the new one, I have to quit the job and cannot find new jobs either because I cannot commit when I can start (this happend so many times last year before I received the OPT. The OPT took more than 100days.)

I asked him to put me on his paperworks. He hasn't done so. He's out of town for a while so we cannot go to bank togerhter. I don't know where he keeps the paperwork for landlord, comcast, car insurance either. That means I don't even know where to contact to make changes.

We filed the tax return for 2014 because we thought he needed federal INDIVIDUAL tax return for 3 years. Maybe our understandhing was wrong but anyway it's too late since we already filed it.

[Darnell 8,478]

so file amended 1040 this weekend, easy-peasy.

if you two are not actively generated evidence required on the I-130, I don't know what to tell you, except to start making it happen now, nowish.

[Ktone 14]

My situation is very similar to yours, I came to the U.S. in 2008 on a F1, December 2012 I got married (I was never in a OPT tho) We found out my wife was pregnant in January 2013 she didn't qualify for I-864 nor had anyone that could be a joint sponsor. I went out of status and started working and my wife stayed home and went to school. There was nothing we could do to get my situation straighten up as she had no income. Finally in 2014 with baby getting bigger she was able to start working and this month (March 2015) after filing taxes where she met poverty guidelines, we sent all paperwork to AOS. It wasn't easy going through this couple years I can't put in words how good it felt to finally be able to start the process. My DL expired in May 2014 with my F1 Visa but I was out of status long before that since I was out of school already.

I wanted to share my case because it seems really close to what you are going through.

My only concern is why your now husband dnt want people to know you both r married? It seems like you need to seat down with him for a talk and get things on track. Good luck to you.

I agree with you ggodoi. I'm concerned why he doesn't want to tell anybody. We have so many friends in where we live because we went to school together. But he's not telling almost anybody. I sat down with him and he never explained. I sat down with him and explained how important this process it is to me and what I want him to do. I feel disrescpectful and hopeless.

[Ktone 14]

so file amended 1040 this weekend, easy-peasy.

if you two are not actively generated evidence required on the I-130, I don't know what to tell you, except to start making it happen now, nowish.

Thanks, I haven't thought about amended 1040. I'll try this path.

[spring333 44]

So what if your OPT expires soon? AOS process will take up to 6 months maybe more.

you have to wait for your husband to come back and finish paperwork before you make next step. Otherwise USCIS will assume this marriage is fake and you will have problems on your interview.

[Ktone 14]

So what if your OPT expires soon? AOS process will take up to 6 months maybe more.

you have to wait for your husband to come back and finish paperwork before you make next step. Otherwise USCIS will assume this marriage is fake and you will have problems on your interview.

I never inteded to take next step with improper documents (I don't think I have mentioned like that.) But thanks for your advice. I don't think waiting for him coming back helps me though. We'll see what we can do.

[Darnell 8,478]

so, if he's out of town, not face to face,

what is preventing him using the telephone,

to add you to the accounts (all except the bank account)

???

apologies if i focus on this, but

tempus fugit will kill you.

[Ktone 14]

so, if he's out of town, not face to face,

what is preventing him using the telephone,

to add you to the accounts (all except the bank account)

???

apologies if i focus on this, but

tempus fugit will kill you.

He hates talking over the phone. That's it. He's not even willing to talk to me over the phone.

[CowBoE 429]

Ktone...

Start with Darnell's advice...I know you have many reasons(excuses),

but USCIS do not care about them, and filing with skimpy evidence will likely

trigger RFEs, and if sufficient evidence can't be provided, denial is likely.

So you don't have much choice...

Also, your husband not openly disclosing marriage...minimally to close family and friends

is a bigger issue than your OPT expiration. This is matter of whether your hubby is

committed to this marriage at all.

Do you think somehow he agreed to get married on impulsive judgement

and he is either regretting or not fully committed to the marriage?

I think you should really confront this issue and do not let him dodge out of this.

If he refuses to clarify this situation, you announce this to his family and close friends

and see what happens. Obviously, he is hiding or holding something back,

and its not a good sign...

Also, explain the critical nature of immediately building the bona fide relationship

evidence now ... in order to file for GC ASAP...upon explanation, if he's still stuck on

"don't want to talk on the phone" attitude...I think you have unworthy or immature husband

and you need to give a serious thought on whether this is a man you want to be with forever.

If he isn't sure simply due to lack of knowledge...have to come visit VJ site directly to find out for himself...

You deserve to live a happier life with a supportive husband.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

In addition to Darnell's advice...here are couple more things to consider...

1) Are you added to his health insurance?

2) Has he added you as the primary beneficiary to life insurance, 401K, IRA, and other financial assets?

[Ktone 14]

Ktone...

Start with Darnell's advice...I know you have many reasons(excuses),

but USCIS do not care about them, and filing with skimpy evidence will likely

trigger RFEs, and if sufficient evidence can't be provided, denial is likely.

So you don't have much choice...

Also, your husband not openly disclosing marriage...minimally to close family and friends

is a bigger issue than your OPT expiration. This is matter of whether your hubby is

committed to this marriage at all.

Do you think somehow he agreed to get married on impulsive judgement

and he is either regretting or not fully committed to the marriage?

I think you should really confront this issue and do not let him dodge out of this.

If he refuses to clarify this situation, you announce this to his family and close friends

and see what happens. Obviously, he is hiding or holding something back,

and its not a good sign...

Also, explain the critical nature of immediately building the bona fide relationship

evidence now ... in order to file for GC ASAP...upon explanation, if he's still stuck on

"don't want to talk on the phone" attitude...I think you have unworthy or immature husband

and you need to give a serious thought on whether this is a man you want to be with forever.

If he isn't sure simply due to lack of knowledge...have to come visit VJ site directly to find out for himself...

You deserve to live a happier life with a supportive husband.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

In addition to Darnell's advice...here are couple more things to consider...

1) Are you added to his health insurance?

2) Has he added you as the primary beneficiary to life insurance, 401K, IRA, and other financial assets?

No insurance added. He doesn't have life insurance, 401K, IRA and other things as far as I know.

I don't think he proposed me impulsively and even if he had done so, he had so much time to rethink about it before we really getting married. I don't believe he has something to hide or hold back because many of his friends know me as a girlfriend. However, I agree with you. This is a bigger issue than not having the process go through. I guess he's not mature enough to know being married requires some commitment.

Thank you everyone for your advice. I'll try to talk to him once again. It's draining though, after trying to talk to him for a week.

[CowBoE 429]

No insurance added. He doesn't have life insurance, 401K, IRA and other things as far as I know.

I don't think he proposed me impulsively and even if he had done so, he had so much time to rethink about it before we really getting married. I don't believe he has something to hide or hold back because many of his friends know me as a girlfriend. However, I agree with you. This is a bigger issue than not having the process go through. I guess he's not mature enough to know being married requires some commitment.

Thank you everyone for your advice. I'll try to talk to him once again. It's draining though, after trying to talk to him for a week.

Yup...I can see that being very emotionally draining...if he's unwilling to talk.

But you really have to think about...

1) Is this the type of man you've waited all your life for?

2) Can you live with such a irresponsible and uncaring husband rest of your life?

Perhaps, you might not be whatever the problem he's going through,

so if it's that challenging to have a sincere conversation with him

why don't you organize all your thoughts and questions and write to him...

and tell him that it's a really important and that he needs to read and respond

to it at his earliest convenience.

Without his cooperation it will be impossible to prepare documents to file for GC

and he has to understand this clearly...