Proof of Relationship

[naha1975 0]

Hi, my cousin married an M 1 visa student. I know for him to stay in the us she has to file I 130, I 485 .... He lives in Texas where he is completing his education and she is back home in Michigan finishing her education. What kind of proof does she need to show other than her marriage certificate for him to stay in the US? They both have bank accounts together but will it be possible to file while they are in different states? When she files, which address should she use hers or his? He doesn't work nor does she. His mother lives abroad and supports him for his education and living expenses in the US. She is currently living with her parents because she needs to finish her education in Michigan then move to Texas to be with him. Her father will be his sponsor. She is worried that they will not approve them because he is in Texas and she is in Michigan.  Meantime they see each other and talk on the phone as much as they can. Should they start filing right away or wait until she moves in with him?

[USC4SPOUSE 506]

17 hours ago, naha1975 said:

Hi, my cousin married an M 1 visa student. I know for him to stay in the us she has to file I 130, I 485 .... He lives in Texas where he is completing his education and she is back home in Michigan finishing her education. What kind of proof does she need to show other than her marriage certificate for him to stay in the US? They both have bank accounts together but will it be possible to file while they are in different states? When she files, which address should she use hers or his? He doesn't work nor does she. His mother lives abroad and supports him for his education and living expenses in the US. She is currently living with her parents because she needs to finish her education in Michigan then move to Texas to be with him. Her father will be his sponsor. She is worried that they will not approve them because he is in Texas and she is in Michigan.  Meantime they see each other and talk on the phone as much as they can. Should they start filing right away or wait until she moves in with him?

@naha1975, they need to show proof that they entered the marriage in good faith and that they plan on building a life together. If they are planning on living in Texas, then I would say it would be best to use his address to file. Remember, that they will need to live together. Of course, there are couples who live in different states. It happens. But of course, you just have to put more effort into showing that your lives are intertwined. 

 

Search for "evidence of bona fide marriage" on the AOS forum and you will find plenty of examples of such evidence. They should submit evidence since the time they started dating. That shows longevity and continuity. 

 

By the way, he should check if his M-1 visa requires him to return to his country. And if that is the case, he should find out if he needs to file a waiver or what he needs to do.