standalone i 130, must we file concurently?

[marylandlover 1]

2 minutes ago, geowrian said:

Correct. You need to submit a copy of the physical NOA1. I don't think they would take an electronic notification. That said, even the electronic notification will probably take the better part of a month.

Thank you. As the situation progresses I will update you but I do hope the I130 will not be denied because we didnt file concurrently?

[marylandlover 1]

17 minutes ago, f f said:

how did you get back in the us if you had an f1 visa overstay already?

I never left..... she went home to see my parents alone.... came back with pictures and a letter from them. That was why we decided against filling after we got married till we could save and afford her trip home...

[geowrian 22,336]

8 minutes ago, marylandlover said:

Thank you. As the situation progresses I will update you but I do hope the I130 will not be denied because we didnt file concurrently?

No, it won't be rejected or denied for that reason.

[marylandlover 1]

1 minute ago, geowrian said:

No, it won't be rejected or denied for that reason.

Also we could not include joint bank statements or lease (the apartment was originally rented by her mother) as supporting evidence, rather we included visa, pictures and entry and exit stamps from her trip to africa, will that suffice as evidence of a bonafide marriage?

[geowrian 22,336]

1 minute ago, marylandlover said:

Also we could not include joint bank statements or lease (the apartment was originally rented by her mother) as supporting evidence, rather we included visa, pictures and entry and exit stamps from her trip to africa, will that suffice as evidence of a bonafide marriage?

It's fine to include those, but I'm doubtful those will be sufficient evidence for a bona fide marriage. They will look at how long you've been together and how long you've been married to help them make that determination. You can include a signed affidavit from a landlord or neighbors that know you lived there since <xyz>. You can also include other evidence that you both lived there together. I have seen others questioned pretty heavily as to why the beneficiary was not added to the lease, but I've also seen it not be an issue given other evidence presented. The lack of joint accounts may also be an issue. They want to see financial commingling...do you have other bills or commitments in both your names that you can include?

 

If your profile information is correct, you came from Nigeria, right? That's considered a very high fraud country, so normally they want to see a lot of face time and evidence to overcome that. It's not as bad as having to interview at the Nigerian embassy (which is extremely hard to get through), but I wouldn't be surprised if they want to see a lot of evidence.

[marylandlover 1]

3 minutes ago, geowrian said:

It's fine to include those, but I'm doubtful those will be sufficient evidence for a bona fide marriage. They will look at how long you've been together and how long you've been married to help them make that determination. You can include a signed affidavit from a landlord or neighbors that know you lived there since <xyz>. You can also include other evidence that you both lived there together. I have seen others questioned pretty heavily as to why the beneficiary was not added to the lease, but I've also seen it not be an issue given other evidence presented. The lack of joint accounts may also be an issue. They want to see financial commingling...do you have other bills or commitments in both your names that you can include?

 

If your profile information is correct, you came from Nigeria, right? That's considered a very high fraud country, so normally they want to see a lot of face time and evidence to overcome that. It's not as bad as having to interview at the Nigerian embassy (which is extremely hard to get through), but I wouldn't be surprised if they want to see a lot of evidence.

That is the singular reason my wife and I decided to move our process along slowly, by the time we have approval for the I 130 we should be in our 9th month of marriage at least. After which we file for adjustment plus we intend to move within 60 days so we just assumed we can be patient till we have enough supporting evidence. We are both of african descent but she is the US citizen.

[A'n'L 735]

Did you ONLY submit the i130 form? No supporting docs or evidence at all? 

 

If so, the application is most likely to be rejected as it is incomplete. Not because you did not file i130 and i485 concurrently, but because there are plenty of documentation requirements with the i130.

Edited April 13, 2017 by A'n'L

[inloveVEN 46]

I am not sure if answers are related to your questions.

 

If you are married to an USC and both are in the USA, then you should fill it concurrently it is also cheaper. additionally you can file for a work authorization and advance of parole to travel abroad in case it is necessary. But os is ok to send it alone but in this way is more expensive and more time consuming. 

 

If you sent alone the i130 with no evidence  probably it wont be rejected they only will send you and request for evidence. and you need to send all this evidences. Of course it will add more waiting time to the process

 

now i dont know if after you sent the I130 you can send the AOS

Edited April 14, 2017 by inloveVEN
need to add more words

[marylandlover 1]

On Thu Apr 13 2017 at 3:40 AM, A'n'L said:

Did you ONLY submit the i130 form? No supporting docs or evidence at all? 

 

If so, the application is most likely to be rejected as it is incomplete. Not because you did not file i130 and i485 concurrently, but because there are plenty of documentation requirements with the i130.

We submitted passport photos, a cover letter, copy of her ssn and DL, visa copy she used to travel and entry and exit stamps with dates and pictures with my parents in native attire in my country, copy of our marriage cert. Pictures in our wedding day, i think thats all but yes I thought this would be enough because i couldnt opena joint bank statement, bank wouldnt accept my expired passport and Ii could not be added to her lease as its still in her mothers name, we do plane to change address in 2 months though. If they need anything more I think they can simply ask us for more info rather than deny outrightly, plus can i apply for work authorization before getting the AOS package swjt in ir I have to sent the AOS togther with the I 765 after my I130 is approved?