J-1 AOS Questions and Concerns

[Ty_Cath 0]

Hello All,

 

Posting on here for the first time after lurking here for a bit to prepare for what is to come!

 

Currently, I am a US Citizen that will be marrying my Filipina fiance on a J-1 visa that ends in late May. Our marriage date is set for May 4th and I was wondering about a few things!

 

In terms filing the correct forms I am not sure which ones we absolutely need to fill out. She is already here on a J-1, we are getting married in Virginia, she wants to work ASAP, we would like to go to the Philippines by Christmas. In terms of travel, not sure  if the I-131 could be approved by USCIS in some sort of "fast lane" processing or how long it usually takes. 

 

Do we need the following?:

 

I-130

I-130A

I-485

I-864

G-325A

I-765

I-131

G-1145

 

I am having trouble discerning the difference between the I-130 vs. the I-485. Do we need both or just one over the other given the situation? 

 

In terms of preparation, I have read that lots of proof really helps. We are not the most social media obsessed couple so we think about living in the moment first, pictures second. We have a good handful of photos but, we are not stopping every minute to "capture" a moment. We try to but, we are rather absent-minded towards it. We recently got a dog together (we LOVE him so much,) I am adding her to my apartment lease this week, added her as an authorized user to three of my Credit Cards, panning to add her to one of my bank accounts after the wedding day, we are heavily invested in each others social lives and have many friends who can vouch for the legitimacy of our relationship. We have loads of text messages but copying ALL of those and printing them sounds like a daunting task to say the least. I also have spoke with her mother, friends, and sisters via video chat while I was with the fiance too so even they know we are serious. I even have the message I sent to her mother asking for her blessing of the marriage and she STRONGLY approved and wished is the best. Am I missing anything? Input towards our situation would greatly help!

 

Thanks for taking the time to read my post and I will answer any and all questions and respond to any inquires while I can!

 

 

 

[geowrian 22,335]

Guide: https://www.visajourney.com/content/i130guide2

The G-325A in your list hasn't been used in a couple years.

 

First step is to confirm that her J-1 does not have a 2 year home residency requirement. If so, that either needs to be waited out abroad OR she can apply for a waiver and hope for approval.

 

ETA for work permit (EAD) and travel permit (AP) is ~4-7 months right now. Who knows what that will be in ~May. Don't make any firm plans until they are in hand. Leaving the US without AP abandons the AOS process.

 

There is no "fast lane". The process is neither easy, cheap, nor fast. Buckle up for the long ride.

Keep in mind ROC in 2 years after getting the green card.

Then (optionally) naturalization afterwards.

[Ty_Cath 0]

17 minutes ago, geowrian said:

Guide: https://www.visajourney.com/content/i130guide2

The G-325A in your list hasn't been used in a couple years.

 

First step is to confirm that her J-1 does not have a 2 year home residency requirement. If so, that either needs to be waited out abroad OR she can apply for a waiver and hope for approval.

 

ETA for work permit (EAD) and travel permit (AP) is ~4-7 months right now. Who knows what that will be in ~May. Don't make any firm plans until they are in hand. Leaving the US without AP abandons the AOS process.

 

There is no "fast lane". The process is neither easy, cheap, nor fast. Buckle up for the long ride.

Keep in mind ROC in 2 years after getting the green card.

Then (optionally) naturalization afterwards.

So you're saying I have to do both I-130 and I-495? I was just having trouble with differences between them. 

 

She does not have the 2 year rule. Really early on in our relationship we discussed that so it is of no concern thankfully. 

 

I understand that the EAD takes around 60-90 days from what I read. We plan to get an AP, not wishing to get abandon anything, I am aware of that. 

 

I wasn't looking for a fast lane for the whole process per se. More so, fast-tracking the AP to travel outside the country during AOS. Had a colleague of mine mention that you can get one rather quick if my fiance stated there was a family emergency requiring her to go back home ASAP during the AOS process. Not saying I would prefer that method but was just told you could do that?

 

Totally understand the long process afterwards and the plan for us is to have her naturalized as well, in due time of course.  

[geowrian 22,335]

14 minutes ago, Ty_Cath said:

So you're saying I have to do both I-130 and I-495? I was just having trouble with differences between them. 

Yes. The I-130 packet is a petition to establish the legal relationship between petitioner and beneficiary for the purposes of being eligible for an immigrant visa.

The I-485 is the application to adjust status to permanent resident within the US. This requires an underlying immigrant visa petition.

They are separate packets, although you qualify to file them together as the US citizen spouse. It is possible for only the I-130 to be approved and I-485 denied (i.e. if the beneficiary leaves the US without AP). Then the I-130 proceeds normally and consular processing abroad for an immigrant visa would continue instead of doing AOS within the US.

 

14 minutes ago, Ty_Cath said:

I understand that the EAD takes around 60-90 days from what I read. We plan to get an AP, not wishing to get abandon anything, I am aware of that. 

Those are timelines from well over a year or 2 ago. Expect 4-7 months now.

 

14 minutes ago, Ty_Cath said:

I wasn't looking for a fast lane for the whole process per se. More so, fast-tracking the AP to travel outside the country during AOS. Had a colleague of mine mention that you can get one rather quick if my fiance stated there was a family emergency requiring her to go back home ASAP during the AOS process. Not saying I would prefer that method but was just told you could do that?

Expedites and emergency AP are available, but they are only granted on a case by case basis for emergencies. It is absolutely not something to rely on, and requires considerable supporting evidence. People have been denied this to attend funerals for close family members.

[eckoin 211]

1 hour ago, Ty_Cath said:

Hello All,

 

Posting on here for the first time after lurking here for a bit to prepare for what is to come!

@geowrian got you all the info you need on the forms and what to do with them (and the J1 residency concern), so I'll address your "proof of bona fide marriage" questions. 

1 hour ago, Ty_Cath said:

 

 

1 hour ago, Ty_Cath said:

In terms of preparation, I have read that lots of proof really helps. We are not the most social media obsessed couple so we think about living in the moment first, pictures second. We have a good handful of photos but, we are not stopping every minute to "capture" a moment. We try to but, we are rather absent-minded towards it. 

That's fine, not everyone likes to take pictures. We're not photo people either, and we submitted none. I was worried at the time, but keep in mind--pictures are secondary evidence. They can be faked, anyone can smile in photos. They're not the best kind of evidence to have, it's secondary evidence. 

 

1 hour ago, Ty_Cath said:

We recently got a dog together (we LOVE him so much,) 

I recommend pet insurance (I was thankful when my dog got diagnosed with bladder stones. Things will go awry when they get older.) I included pet insurance records with both of us listed as owners. Secondary evidence, yes, did not hurt one bit to include. 

 

1 hour ago, Ty_Cath said:

I am adding her to my apartment lease this week, added her as an authorized user to three of my Credit Cards, panning to add her to one of my bank accounts after the wedding day,

Good things to do. Probably the best things to do, really. Consider adding her to your auto insurance, renters/home insurance, and medical/dental insurance. 

 

1 hour ago, Ty_Cath said:

we are heavily invested in each others social lives and have many friends who can vouch for the legitimacy of our relationship.

People will say that affidavits are secondary evidence, and they are--and so are pictures. Include 2-3 affidavits, won't hurt. The affidavit from my husband's (USC) parents was one of the two things that the IO actually read during our interview. Doesn't hurt. 

 

1 hour ago, Ty_Cath said:

We have loads of text messages but copying ALL of those and printing them sounds like a daunting task to say the least.

Aim for 5-7 pieces of the same evidence max. No one will read hundreds of pages of text messages. Put yourself in their shoes, would you? Print a few, ranging in dates, if you want to include that. 

1 hour ago, Ty_Cath said:

I also have spoke with her mother, friends, and sisters via video chat while I was with the fiance too so even they know we are serious. I even have the message I sent to her mother asking for her blessing of the marriage and she STRONGLY approved and wished is the best. Am I missing anything? Input towards our situation would greatly help!

 

Thanks for taking the time to read my post and I will answer any and all questions and respond to any inquires while I can!

Try for a 2018 tax return filed jointly, assuming you were married in 2018. Add her to your utility bills, even if she doesn't financially contribute. Consider a family cell phone plan. Any joint memberships you have, library or Costco or museums, won't hurt. But the best proof is financial, so insurance, joint accounts, joint bills, joint taxes. 

[eckoin 211]

Apologies, I realized that you're not yet married, so don't worry about the joint taxes thing. But for 2019, if your interview date rolls over into mid 2020, try to file "married, filing jointly". Will also be useful when submitting ROC forms. Everything else I stand by!

Edited April 5, 2019 by eckoin

[Ty_Cath 0]

2 hours ago, geowrian said:

Yes. The I-130 packet is a petition to establish the legal relationship between petitioner and beneficiary for the purposes of being eligible for an immigrant visa.

The I-485 is the application to adjust status to permanent resident within the US. This requires an underlying immigrant visa petition.

They are separate packets, although you qualify to file them together as the US citizen spouse. It is possible for only the I-130 to be approved and I-485 denied (i.e. if the beneficiary leaves the US without AP). Then the I-130 proceeds normally and consular processing abroad for an immigrant visa would continue instead of doing AOS within the US.

 

Those are timelines from well over a year or 2 ago. Expect 4-7 months now.

 

Expedites and emergency AP are available, but they are only granted on a case by case basis for emergencies. It is absolutely not something to rely on, and requires considerable supporting evidence. People have been denied this to attend funerals for close family members.

 

Ah gotcha, then we shall file for both, now that we have a better understanding what each means. There are no plans of leaving the country without an AP so things should move along as normal!

 

Ah man, that wait time is gonna be killer for her, don't think she can wait that long. Gotta explore options I suppose.

 

If that's the case, we will just wait for when it is actually processed. Just wanted to clarify on the information that was provided to me. 

[Ty_Cath 0]

1 hour ago, eckoin said:

@geowrian got you all the info you need on the forms and what to do with them (and the J1 residency concern), so I'll address your "proof of bona fide marriage" questions. 

 

That's fine, not everyone likes to take pictures. We're not photo people either, and we submitted none. I was worried at the time, but keep in mind--pictures are secondary evidence. They can be faked, anyone can smile in photos. They're not the best kind of evidence to have, it's secondary evidence. 

 

I recommend pet insurance (I was thankful when my dog got diagnosed with bladder stones. Things will go awry when they get older.) I included pet insurance records with both of us listed as owners. Secondary evidence, yes, did not hurt one bit to include. 

 

Good things to do. Probably the best things to do, really. Consider adding her to your auto insurance, renters/home insurance, and medical/dental insurance. 

 

People will say that affidavits are secondary evidence, and they are--and so are pictures. Include 2-3 affidavits, won't hurt. The affidavit from my husband's (USC) parents was one of the two things that the IO actually read during our interview. Doesn't hurt. 

 

Aim for 5-7 pieces of the same evidence max. No one will read hundreds of pages of text messages. Put yourself in their shoes, would you? Print a few, ranging in dates, if you want to include that. 

Try for a 2018 tax return filed jointly, assuming you were married in 2018. Add her to your utility bills, even if she doesn't financially contribute. Consider a family cell phone plan. Any joint memberships you have, library or Costco or museums, won't hurt. But the best proof is financial, so insurance, joint accounts, joint bills, joint taxes. 

 

That's a relief knowing that pictures aren't the one all be all solution. She has two Filipina friends she has met since coming here last year and they were both J-1's and they were all about the photo and text message galore in terms of proof. We have some of course we have plenty with friends in group photos and the like. Pictures with my parents as well to provide which will help.

 

Our pup is only 2 and he is very healthy and we have had him for three weeks now. We are exploring options on which Vet in the area to service him with in terms of plans but once we do, she will be on the plan of course.

 

Definitely gonna add her to all of those once we get married. Just waiting for when her last name changes to make it all the more "legitimate" in the USCIS' eyes. She never did drive in the Philippines and I am actively teaching her to drive. Still sticking to parking lots but shes is getting better every day. Dunno how we are going to get her a permit/license any time soon with how soon her Visa expires and the state of Virginia seems to be only accept an unexpired I-94 as proof or an EAD. Do you have any experience in this or recommendations?

 

I'll definitely have my parents, her mom, and a friend or two to write an affidavit to support the case then!

 

We files separately for 2018 of course, saw your corrected post! But for 2019, we definitely will file joint! She is also on a Sprint phone plan I have under my name so her number is in the "bubble" of things we are invested within each other. I'll add her to Gas and electric as well, the more the better!

 

This was all really good information and it makes the process feel a little less overwhelming to be sure! I just wish I had a template on how to file to make it all nice and neat for whoever reads it. We aren't the most organized people but we just want to appeal to the government as much as possible to make things easier than harder.

[eckoin 211]

22 minutes ago, Ty_Cath said:

 

That's a relief knowing that pictures aren't the one all be all solution. She has two Filipina friends she has met since coming here last year and they were both J-1's and they were all about the photo and text message galore in terms of proof. We have some of course we have plenty with friends in group photos and the like. Pictures with my parents as well to provide which will help.

People do add hundreds of photos to the application. I'm not saying it will hurt your case, I'm just saying--pretend you're an immigration officer. You have a case in front of you. You have 10-15 minutes to review it. Will you look at 500 photographs? Or will you look at the first 10 and file the rest away? There's no point to overdo it. It's kind of like quantity_variety >= quality_variety > quantity_all. Variety of proof is best, then the quality of that proof (joint accounts vs affidavit from a friend, for example), then the actual amount of each. 

 

Quote

Our pup is only 2 and he is very healthy and we have had him for three weeks now. We are exploring options on which Vet in the area to service him with in terms of plans but once we do, she will be on the plan of course.

This isn't immigration related at all, purely personal. We have two dogs, one adopted and one insured since she was 2 months old. When your vet tells you they should really operate and it'll cost you $3.5k, you'll be really glad to have insurance rather than consider if $3.5k is "worth it." The earlier you get insurance, the cheaper the premiums. Again, personal opinion only. 

 

Quote

Definitely gonna add her to all of those once we get married. Just waiting for when her last name changes to make it all the more "legitimate" in the USCIS' eyes.

Eh. You can always change it later (name itself, or just on the documents). I opted to keep my last name for this reason, but you can always call up your utilities company and tell them of the name change. I'd say USCIS proof is more important than X County Electric having the most updated name on file.

Quote

She never did drive in the Philippines and I am actively teaching her to drive. Still sticking to parking lots but shes is getting better every day. Dunno how we are going to get her a permit/license any time soon with how soon her Visa expires and the state of Virginia seems to be only accept an unexpired I-94 as proof or an EAD. Do you have any experience in this or recommendations?

Yeah, it's a pain. You're correct for required proof. As mentioned, there are ways to expedite the EAD. Once the biometrics are completed, about a month after you submit the application, she can start applying for jobs. If she gets a job offer, she can request an expedite. Approval is not guaranteed, but you don't lose anything by asking. The requirement is a job offer and a letter explaining why not accepting it will be a financial loss. If you can't prove any financial loss at all, then it is unlikely to work. Depends largely on your financial situation as a family and the career field vs her education background. On the latter, I'm referring to "this is an excellent career opportunity for my field and not accepting it will be detrimental to my overall career growth."

 

In the meantime, add her to your home/renters insurance. Add her to your medical/dental insurance as well, unless it's financially silly. You do NOT need a current SSN to add a spouse to your health insurance, despite some companies insisting on it. Call. 

Quote

I'll definitely have my parents, her mom, and a friend or two to write an affidavit to support the case then!

 

We files separately for 2018 of course, saw your corrected post! But for 2019, we definitely will file joint! She is also on a Sprint phone plan I have under my name so her number is in the "bubble" of things we are invested within each other. I'll add her to Gas and electric as well, the more the better!

 

This was all really good information and it makes the process feel a little less overwhelming to be sure! I just wish I had a template on how to file to make it all nice and neat for whoever reads it. We aren't the most organized people but we just want to appeal to the government as much as possible to make things easier than harder.

Post your cover letter for the package here. It should outline everything you're including for each form. People will be able to spot gaps if you have any, but at the very least, it'll force you to organize. Good luck! 

Edited April 5, 2019 by eckoin

[Ty_Cath 0]

41 minutes ago, eckoin said:

People do add hundreds of photos to the application. I'm not saying it will hurt your case, I'm just saying--pretend you're an immigration officer. You have a case in front of you. You have 10-15 minutes to review it. Will you look at 500 photographs? Or will you look at the first 10 and file the rest away? There's no point to overdo it. It's kind of like quantity_variety >= quality_variety > quantity_all. Variety of proof is best, then the quality of that proof (joint accounts vs affidavit from a friend, for example), then the actual amount of each. 

 

This isn't immigration related at all, purely personal. We have two dogs, one adopted and one insured since she was 2 months old. When your vet tells you they should really operate and it'll cost you $3.5k, you'll be really glad to have insurance rather than consider if $3.5k is "worth it." The earlier you get insurance, the cheaper the premiums. Again, personal opinion only. 

 

Eh. You can always change it later (name itself, or just on the documents). I opted to keep my last name for this reason, but you can always call up your utilities company and tell them of the name change. I'd say USCIS proof is more important than X County Electric having the most updated name on file.

Yeah, it's a pain. You're correct for required proof. As mentioned, there are ways to expedite the EAD. Once the biometrics are completed, about a month after you submit the application, she can start applying for jobs. If she gets a job offer, she can request an expedite. Approval is not guaranteed, but you don't lose anything by asking. The requirement is a job offer and a letter explaining why not accepting it will be a financial loss. If you can't prove any financial loss at all, then it is unlikely to work. Depends largely on your financial situation as a family and the career field vs her education background. On the latter, I'm referring to "this is an excellent career opportunity for my field and not accepting it will be detrimental to my overall career growth."

 

In the meantime, add her to your home/renters insurance. Add her to your medical/dental insurance as well, unless it's financially silly. You do NOT need a current SSN to add a spouse to your health insurance, despite some companies insisting on it. Call. 

Post your cover letter for the package here. It should outline everything you're including for each form. People will be able to spot gaps if you have any, but at the very least, it'll force you to organize. Good luck! 

I get what you're saying! So just choose some really good ones that show togetherness and legitimate love for one another. I got a few ideas of what pictures to use. Also wedding pictures with friends and family of all variety will greatly help I'm sure. 

 

Yeah I gotcha! This is our first dog as well so some "off-topic" advice that can prove a bona fide marriage is a definite plus either way. 

 

Ah so whether it is her maiden name or my name, it'll work either way. I just wanted to cover my bases and make sure that there would not be any complications if she did not have my last name at first. If what you're saying is that she can apply for a job back at where she is currently working and it would be a "better position," we could essentially squeeze her through the EAD faster? I mean, I can provide for us both but, her income can definitely supplement what we are used to now while she is working currently. Would the excuse of providing for her family back home be a good explanation?

 

I'll go ahead and add her to renters insurance this weekend so she is also covered by the policy. Medical and dental I can only change with my company if there is a "major" event, marriage being one of them. She does have an SSN because of her J-1 program so it's a plus to already have that in the bag moving forward which I'm sure, can be of some use for other things in the future in terms of finances and proof of identity and such. I'll be sure to come back here to the forums with any questions and i'll go ahead and dig around too! Posting the cover lever won't hurt and seeming how posting here is making me stress is a little less, i'll definitely and hopefully stick around through the process!

 

Again, I really appreciate your consistency with all my concerns!

 

 

[eckoin 211]

2 minutes ago, Ty_Cath said:

I get what you're saying! So just choose some really good ones that show togetherness and legitimate love for one another. I got a few ideas of what pictures to use. Also wedding pictures with friends and family of all variety will greatly help I'm sure. 

Yep, that's the best route to go. Choose 5-10 good ones in variety of situations--wedding, you two on vacation, you two with friends, you two with family. Bonus for different dates on those, as in, they're over several years and not over several months. But not a big deal. 

 

2 minutes ago, Ty_Cath said:

Yeah I gotcha! This is our first dog as well so some "off-topic" advice that can prove a bona fide marriage is a definite plus either way. 

Just glad to contribute to doggy welfare! We're with trupanion, excellent results so far with our claims that (unfortunately) we had to submit. Paid for everything. 

2 minutes ago, Ty_Cath said:

Ah so whether it is her maiden name or my name, it'll work either way. I just wanted to cover my bases and make sure that there would not be any complications if she did not have my last name at first.

I mean, she doesn't have to change her name at all, so if you have X with the old name and Y with the new name, you're fine. If you're 100% on changing her name, then just take into consideration the giant pain of changing her name on important documents, like passports, green cards, things like that. Changing her name for Verizon is a quick call. USCIS will not discriminate on what her last name is on the marriage documentation you submit, so worry about the Verizons and County Electrics later. 

 

2 minutes ago, Ty_Cath said:

If what you're saying is that she can apply for a job back at where she is currently working and it would be a "better position," we could essentially squeeze her through the EAD faster? I mean, I can provide for us both but, her income can definitely supplement what we are used to now while she is working currently. Would the excuse of providing for her family back home be a good explanation?

Not sure. I used my (immigrant) income for our application, so I went with that for my EAD expedite. I know some VJ members who got generic, minimum wage jobs, and got expedites approved. I think it goes back to people's explanations, therefore--if you're struggling with bills, then a job at 7/11 is totally fine, a job is a job. If you're not struggling for bills, then why are you experiencing financial loss? Is it because you're a X educated in X and this is an amazing opportunity you should not pass up? 

 

Or are you in the middle, where your job will provide for the bills, but you want to move to a new apartment and it will cost more? 

 

The reason is yours. She still needs a job offer either way, just keep this in mind. 

 

2 minutes ago, Ty_Cath said:

I'll go ahead and add her to renters insurance this weekend so she is also covered by the policy. Medical and dental I can only change with my company if there is a "major" event, marriage being one of them. 

Yep. As soon as you marry, do it. You know how US healthcare is, better insured than sorry. 

2 minutes ago, Ty_Cath said:

She does have an SSN because of her J-1 program so it's a plus to already have that in the bag moving forward which I'm sure, can be of some use for other things in the future in terms of finances and proof of identity and such. I'll be sure to come back here to the forums with any questions and i'll go ahead and dig around too! Posting the cover lever won't hurt and seeming how posting here is making me stress is a little less, i'll definitely and hopefully stick around through the process!

 

Again, I really appreciate your consistency with all my concerns!

 

 

Come back whenever you have questions, or even a sanity check. I sure have. Just paying it forward

[geowrian 22,335]

Re: EAD expedite

I'll second what was stated above. If there is a "severe financial hardship", then that makes a stronger case. Note that it would be sort of contradictory to state that any job is needed to provide for the family and that you can support the immigrant so they won't become a public charge (re: I-864). In order for that to ultimately be successful, generally one would expect a joint sponsor being used.

If the job has significance in their career path, that can make a strong case too.

Every expedite request is discretionary. Currently those are fairly backlogged as well for an EAD, but it is an option that has worked for others to get an EAD sooner.

Good luck.

Edited April 5, 2019 by geowrian

[eckoin 211]

31 minutes ago, geowrian said:

Re: EAD expedite

I'll second what was stated above. If there is a "severe financial hardship", then that makes a stronger case. Note that it would be sort of contradictory to state that any job is needed to provide for the family and that you can support the immigrant so they won't become a public charge (re: I-864). In order for that to ultimately be successful, generally one would expect a joint sponsor being used.

If the job has significance in their career path, that can make a strong case too.

Every expedite request is discretionary. Currently those are fairly backlogged as well for an EAD, but it is an option that has worked for others to get an EAD sooner.

Good luck.

Yeah, I agree with the whole "any job will help!" being a bit wonky, but I know some of the people here have succeeded recently. If you think about it, $21.5k is not that much, especially if you live in any sort of a city. You meet the requirements, but with that, you're barely affording rent, let alone groceries, let alone going to get a dinner once every two months. 

 

I know my situation was pretty drastically different, being basically the bread winner and the immigrant, but I get how this could play out for others very differently. No harm in trying! Just make sure to start it off right.

Edited April 5, 2019 by eckoin

[geowrian 22,335]

16 minutes ago, eckoin said:

Yeah, I agree with the whole "any job will help!" being a bit wonky, but I know some of the people here have succeeded recently. If you think about it, $21.5k is not that much, especially if you live in any sort of a city. You meet the requirements, but with that, you're barely affording rent, let alone groceries, let alone going to get a dinner once every two months. 

 

I know my situation was pretty drastically different, being basically the bread winner and the immigrant, but I get how this could play out for others very differently. No harm in trying! Just make sure to start it off right.

Yup, I've seen it too. I've seen more refused on that track, but it's not a 0% chance.