I 864 Evidence for AOS

[harvardiv 5]

Hello folks:

 

I have a question about the evidence of cohabitation for AOS.  What sort of evidence do i submit to show my wife lives with me?  She doesn't have her ssn yet so it makes it hard for getting a bank account and utility bill together.

 

Thanks!

 

 

 

 

Edited August 23, 2017 by harvardiv

[WandY 430]

She can get a SSN on Day 1 of being in the USA. Why the wait? To answer your question, what would you look for? How could someone convince you that they live together?

 

Maybe doing things such as purchasing things together. Credit cards with both names. Both names on mail (it doesn't take long to get junk mail with your names showing the same address.). It doesn't take much to get both names on a variety of accounts, but getting a SSN is essential. And then a driver's license, when applicable. 

 

 

[Georgia16 2,858]

From your timeline she should be a K-1 so the only evidence of marriage you need would be the marriage certificate to send with the AOS package.

[harvardiv 5]

27 minutes ago, Georgia16 said:

From your timeline she should be a K-1 so the only evidence of marriage you need would be the marriage certificate to send with the AOS package.

Hello Wendy:

 

Thanks for your quick response.  The instructions for the I-864 state as follows:

 

"Proof of their residency in your household and relationship to you if they are not intending immigrants or are not listed as dependents on your Federal Tax return for the most recent tax year"

 

So as a K-1 non-immigrant my wife was not listed as a dependent during my most recent tax year.  Any thoughts?

 

Thanks! 

Edited August 23, 2017 by harvardiv

[Fr8dog 504]

Unless I'm reading it wrong, she is the intending immigrant therefor it does not apply to this situation.

[Lemonslice 5,335]

7 hours ago, harvardiv said:

Hello Wendy:

 

Thanks for your quick response.  The instructions for the I-864 state as follows:

 

"Proof of their residency in your household and relationship to you if they are not intending immigrants or are not listed as dependents on your Federal Tax return for the most recent tax year"

 

So as a K-1 non-immigrant my wife was not listed as a dependent during my most recent tax year.  Any thoughts?

 

Thanks! 

She's the intending immigrant.

[Georgia16 2,858]

8 hours ago, harvardiv said:

Hello Wendy:

 

Thanks for your quick response.  The instructions for the I-864 state as follows:

 

"Proof of their residency in your household and relationship to you if they are not intending immigrants or are not listed as dependents on your Federal Tax return for the most recent tax year"

 

So as a K-1 non-immigrant my wife was not listed as a dependent during my most recent tax year.  Any thoughts?

 

Thanks! 

So for the AOS package all you have to prove are you are married therefore the marriage certificate.

 

For the I-864 you have to prove you can support her with income over the poverty guideline. You will put in evidence of income. Tax returns, pay stub and so on.

 

That's it on more is needed. 

[Ksenia_O 696]

11 hours ago, harvardiv said:

Hello Wendy:

 

Thanks for your quick response.  The instructions for the I-864 state as follows:

 

"Proof of their residency in your household and relationship to you if they are not intending immigrants or are not listed as dependents on your Federal Tax return for the most recent tax year"

 

So as a K-1 non-immigrant my wife was not listed as a dependent during my most recent tax year.  Any thoughts?

 

Thanks! 

There is no way you would've listed her as a dependent on your tax return - you can clime your spouse's exemption if you file married separate return and a spouse has no gross income.. Or  - an exemption for  Married Joint Return.

But  you cannot claim  a spouse  as a dependent on your tax return. The IRS makes this very clear.

 

Alos, as  Georgia16 mentioned, for AOS you need include your Marriage Certificate. That's it.  I-864 - all about you, if you are able to support an immigrant.

 

Edited August 23, 2017 by Ksenia_O

[Stevephoto 230]

On 8/22/2017 at 4:40 PM, WandY said:

She can get a SSN on Day 1 of being in the USA. Why the wait? To answer your question, what would you look for? How could someone convince you that they live together?

 

Maybe doing things such as purchasing things together. Credit cards with both names. Both names on mail (it doesn't take long to get junk mail with your names showing the same address.). It doesn't take much to get both names on a variety of accounts, but getting a SSN is essential. And then a driver's license, when applicable. 

 

 

Unless the I-91 has expired...then she has to wait for EAD or GC.

 

OP, follow the rest of the suggestions here. USCIS knows that you have limited evidence at this stage, but start planning now for ROC and bring whatever preliminary ROC evidence you have. Our AOS commented that we had begun to gather good evidence for ROC and our AOS was not even complete yet!