Sent here from Reddit. This is my post from r/legaladvice

[JeanneAdil 6,202]

1 minute ago, designguy said:

As another poster had said, immigrant intent can be reevaluated at the time of the AOS interview. OP still hasn't answered my questions:

1) Did the wife maintain a residence abroad or did she give it up when she came on her visit

2) Did she discuss moving to the US with her children prior to arriving?

 

plus being able to work remotely 

[Georgia16 2,858]

2 minutes ago, JeanneAdil said:

but he needs to be aware of the costs for 3 to AOS and the problems he has already made as her name on bank account and lease after only 2 weeks of marriage

and bringing divorce papers to show kids can move out of her country and their birth certificates to enrol them in school

major issues

I was on my husbands accounts right after we got married also that is pretty common when you marry.

He said he was wrong and other family members brought it over with them per her request when she figured out she was staying. 

I get what you are saying but at the same time it really won't be big issues when AOS. I'm personally against that it is even legal to AOS here on any visa but the rules are rules and they can do it. 

 

Also my son is enrolled in school and I have never given them his birth certificates for that. They also have seen his passport.

[payxibka 10,044]

1 minute ago, JeanneAdil said:

but he needs to be aware of the costs for 3 to AOS and the problems he has already made as her name on bank account and lease after only 2 weeks of marriage

and bringing divorce papers to show kids can move out of her country and their birth certificates to enrol them in school

major issues

Never said his facts were clean.  We don't know the questions asked at the border to allow them in.  Since intent is determined at the border that may or may not play.   Still doesn't change my opinion about putting the kids in school while the applications navigate 

[designguy 1,179]

4 minutes ago, Georgia16 said:

I was on my husbands accounts right after we got married also that is pretty common when you marry.

He said he was wrong and other family members brought it over with them per her request when she figured out she was staying. 

I get what you are saying but at the same time it really won't be big issues when AOS. I'm personally against that it is even legal to AOS here on any visa but the rules are rules and they can do it. 

 

Also my son is enrolled in school and I have never given them his birth certificates for that. They also have seen his passport.

Seems your case was done in 2016? I would say that USCIS, under new leadership, has a different directive when adjudicating petitions today than they did back then

[Georgia16 2,858]

2 minutes ago, designguy said:

Seems your case was done in 2016? I would say that USCIS, under new leadership, has a different directive when adjudicating petitions today than they did back then

OMG don't start up this Trump sh*t. That has nothing to do with anything.

 

And I also didn't do AOS from a tourist visa so you can even compare mine with his.

[beloved_dingo 1,932]

31 minutes ago, JeanneAdil said:

I just keep wondering how he added here to bank account and lease with no SS #  or taxpayer ID and no credit history

He is saying the bank broke federal banking laws?

 

and he intends to use that for proof of relationship to immigration?  A ton of issues here

lawyer needed

I was able to add my husband to my bank account even though he has no SSN. My understanding is that it was allowed because it is not an interest-bearing account, therefore no tax ramifications. We are also moving into an apartment together on Friday with the lease in both of our names, even though he has no SSN and no credit history, etc. These things are not impossible, just greatly depend on the bank and where you live. I've lived in my apartment complex for 4 years, so the leasing manager was happy to work with us despite my husband's unusual circumstances. She got copies of all of his documentation (Biographical passport page, copy of K1 visa, copy of I-94, and copy of NOA1 for his green card application). 

[JeanneAdil 6,202]

3 minutes ago, beloved_dingo said:

I was able to add my husband to my bank account even though he has no SSN. My understanding is that it was allowed because it is not an interest-bearing account, therefore no tax ramifications. We are also moving into an apartment together on Friday with the lease in both of our names, even though he has no SSN and no credit history, etc. These things are not impossible, just greatly depend on the bank and where you live. I've lived in my apartment complex for 4 years, so the leasing manager was happy to work with us despite my husband's unusual circumstances. She got copies of all of his documentation (Biographical passport page, copy of K1 visa, copy of I-94, and copy of NOA1 for his green card application). 

direct from  the federal banking laws (not rules)

 

)  For a U.S. person, a taxpayer identification number; or

(ii)  For a non-U.S. person, one or more of the following: A taxpayer identification number; passport number and country of issuance; alien identification card number; or number and country of issuance of any other government-issued document evidencing nationality or residence and bearing a photograph or similar safeguard.

so,  you had alien ID card 

 

but the bank is still suppose to have Taxpayer ID number to keep in accordance with anti laundering laws

 

and the OP"s wife did not have alien number or proper Visa to allow her on bank account

[Georgia16 2,858]

6 minutes ago, JeanneAdil said:

direct from  the federal banking laws (not rules)

 

)  For a U.S. person, a taxpayer identification number; or

(ii)  For a non-U.S. person, one or more of the following: A taxpayer identification number; passport number and country of issuance; alien identification card number; or number and country of issuance of any other government-issued document evidencing nationality or residence and bearing a photograph or similar safeguard.

so,  you had alien ID card 

 

but the bank is still suppose to have Taxpayer ID number to keep in accordance with anti laundering laws

 

and the OP"s wife did not have alien number or proper Visa to allow her on bank account

I had a bank account in the US from before I even met my husband and that was with just my passport nothing else. I have seen it happen here a lot that people get their spouse added before they even come to the country.

[designguy 1,179]

17 minutes ago, Georgia16 said:

And I also didn't do AOS from a tourist visa so you can even compare mine with his.

Yes you had a more solid case

[JeanneAdil 6,202]

1 minute ago, Georgia16 said:

I had a bank account in the US from before I even met my husband and that was with just my passport nothing else. I have seen it happen here a lot that people get their spouse added before they even come to the country.

many have accounts here with ITIN or EIN (for working here)

but we have read and seen many here on K1 visas having difficulties getting on bank accounts 

and read the federal banking laws (she does not have an alien number and although she has ID , most banks would not let her open or be added to account just as they need to avoid their own fines

I added my husband 5 years before he came with ITIN 

[beloved_dingo 1,932]

15 minutes ago, JeanneAdil said:

direct from  the federal banking laws (not rules)

 

)  For a U.S. person, a taxpayer identification number; or

(ii)  For a non-U.S. person, one or more of the following: A taxpayer identification number; passport number and country of issuance; alien identification card number; or number and country of issuance of any other government-issued document evidencing nationality or residence and bearing a photograph or similar safeguard.

so,  you had alien ID card 

 

but the bank is still suppose to have Taxpayer ID number to keep in accordance with anti laundering laws

 

and the OP"s wife did not have alien number or proper Visa to allow her on bank account

It says "one or more of the following" and includes "passport number and country of issuance". I don't see the issue? People who are going the CR-1 route often have a joint bank account even though their spouse is in a different country. Some banks are more strict than others of course, so it is still an issue for people regardless (but not impossible and not illegal).

Edited August 27, 2019 by beloved_dingo

[Georgia16 2,858]

1 minute ago, JeanneAdil said:

many have accounts here with ITIN or EIN (for working here)

but we have read and seen many here on K1 visas having difficulties getting on bank accounts 

and read the federal banking laws (she does not have an alien number and although she has ID , most banks would not let her open or be added to account just as they need to avoid their own fines

I added my husband 5 years before he came with ITIN 

Some banks still do it. It's not his fault or any other peoples fault that some banks allow it. 

[Zoeeeeeee 795]

41 minutes ago, Georgia16 said:

What complicated case?

 

YOU (and others) are stating they came here with intent. He clearly states that was not the case. I can clearly state that I’m a 6 ft 3, Polynesian, bearded man...doesn’t change the fact that I’m actually a 5ft 5, English, not especially furry, woman. The OP may state that - and he may be telling the truth - but he also needs to be prepared for how he may be questioned on it - and how many of the red flags/bits not adding up may cause a problem. That’s not to say they shouldn’t do the interview, but it’s something to mull over.

She working now? Yeah but that won't be a huge issue and he said he will ask her to resign. I’ve never worked illegally, so have no experience - but my understanding is that it can cause problems, even if she’s resigned - as @designguy said above, she’ll have to answer yes re violating the t&cs of her non-immigrant status - surely that may have an impact? Or if she says no and lies, that could have an even bigger one...

Kids in school? Won't be an issue. 

 

That’s not me saying these aren’t all things that can’t be overcome (I mean, I assume they can) - but I’d definitely say the OP needs to research and understand what they are and aren’t allowed to do, as that understanding doesn’t seem to be there at present - and avoid making any further mistakes. 

[Mollie09 1,543]

6 hours ago, Fluxed88 said:

My wife and I married 2 weeks ago. She is here on a tourist visa. We met 5 years ago when she was visiting her sister (my best friends wife).

My wife is from Macedonia. She has 2 boys u18. She got here on April 4th on a tourist visa (good until October 4) we had talked about getting married before, but it wasn’t a for sure thing. She is divorced from her ex husband who lives back in Macedonia, he gave up all rights of the boys to her. We have a joint bank account, are on a lease together, and have plenty of pictures of our wedding and from the past. The only thing we don’t have is old messages because she was married to a crazy person for 14 years. She is still working her Macedonian job remotely and has a nice chunk of money saved to where she doesn’t have to work for a while. The children are enrolled in school. 

My question is - we filled out the paperwork for I-130 and will send it in tomorrow. She can be here while that paperwork is processing correct?. We would love to not have to hire an attorney, because they want 6k and we are a legitimate married couple. 

Any tips or pieces of advice? I hope this is allowed here. Reading other pieces of advice on the internet is scary sometimes.

 

Enroll the kids in school - it will be fine

Apply for AOS for all three of them (all the documents listed previously, also available on the guides) - they will be fine

She shouldn't be working, no, but overstay and working are forgiven for spouses of USC - she'll be fine

Intent is determined at the border. As long as she didn't lie when entering the US you'll be fine.

[Georgia16 2,858]

9 minutes ago, Zoeeeeeee said:

That’s not me saying these aren’t all things that can’t be overcome (I mean, I assume they can) - but I’d definitely say the OP needs to research and understand what they are and aren’t allowed to do, as that understanding doesn’t seem to be there at present - and avoid making any further mistakes. 

They will look past the work when she is married to him so that will not be an issue. 

There is a clear difference between getting the OP prepared for the process and what comes with that and then directly doing whatever to scare the OP off which in my opinion of what the person i quoted is trying to do.