AOS from ESTA / abandoned K1

[LibertyBears 22]

Hi all,

 

My husband and I got married over the weekend whilst I was here in the US visiting him and I am currently filing for AOS whilst in the US instead of continuing with the K1 process.

 

I have the following questions regarding the fact that the I-130 requires evidence of bonafide marriage:

 

1. We are currently living with his parents still, would it be beneficial to get them to draw up a lease to show that we have common residency?

 

2. My husband has health, life, dental and vision insurance all included with his state job but in order for me to be added they require me to have a Social Security Number.
I won't be able to include the insurance evidence of him adding me as his spouse until after EAD is approved and I get a SSN, will this be an issue?

 

3. What other evidence can we provide that doesn't require SSN?
 

 

Our evidence so far :

 

1. Marriage Certificate and Marriage Licence

 

2. Bank Account
We plan to open up a bank account together, going to Chase later today as we heard that they do not require SSN to open a joint account.

 

3. Affidavits

Husband's mother and father 

My mother

 

4. Photos

From the ceremony, plus a few photos of us together during our relationship

 

5. K1 packet

Received the NOA2 approval whilst I was here in the US, would it be wise to include this in our evidence and AOS packet? (+explain our circumstances to why we changed our plans to get married whilst I was here visiting?)

 

We had a RFE requesting for proof of bonafide intent to marry during K1 process which we sent back 

For the RFE we compiled a ton of bonafide relationship proof information, would it be beneficial to resubmit parts of this with the i-130 ?

For those interested in the RFE and what was submitted, please see above^
 

6. Other 

I feel like the following may not weigh as strongly as "evidence" in the USCIS eyes but we would still like to include:

- wedding vows

- wedding rings

 

 

From what I understand the fastest way for me to get SSN is after EAD approval which has an estimated timeline of 5-10months.. is this correct?

[LibertyBears 22]

Also apologies to the mods, I may be in the wrong forum category.

I think I was supposed to put this in Adjustment of Status from Work, Student, & Tourist Visas but unsure how to change it now

[Timona 4,207]

1. No need 
2. Marriage is life changing. As such, most jobs allow spouses to immediately add their partners without waiting for the annual enrollment date. Ask him to ask his job.
3. If you don't have good evidence, then you can use this.
4. Sure.
5. I think that ship is gone. Let it be. Proceed with AOS.
6. Bank of America can be a good stop. Last I checked, they allow you to open account easily

[mushroomspore 3,044]

51 minutes ago, LibertyBears said:

Hi all,

 

My husband and I got married over the weekend whilst I was here in the US visiting him and I am currently filing for AOS whilst in the US instead of continuing with the K1 process.

 

I have the following questions regarding the fact that the I-130 requires evidence of bonafide marriage:

 

1. We are currently living with his parents still, would it be beneficial to get them to draw up a lease to show that we have common residency?

 

2. My husband has health, life, dental and vision insurance all included with his state job but in order for me to be added they require me to have a Social Security Number.
I won't be able to include the insurance evidence of him adding me as his spouse until after EAD is approved and I get a SSN, will this be an issue?

 

3. What other evidence can we provide that doesn't require SSN?
 

 

Our evidence so far :

 

1. Marriage Certificate and Marriage Licence

 

2. Bank Account
We plan to open up a bank account together, going to Chase later today as we heard that they do not require SSN to open a joint account.

 

3. Affidavits

Husband's mother and father 

My mother

 

4. Photos

From the ceremony, plus a few photos of us together during our relationship

 

5. K1 packet

Received the NOA2 approval whilst I was here in the US, would it be wise to include this in our evidence and AOS packet? (+explain our circumstances to why we changed our plans to get married whilst I was here visiting?)

 

We had a RFE requesting for proof of bonafide intent to marry during K1 process which we sent back 

For the RFE we compiled a ton of bonafide relationship proof information, would it be beneficial to resubmit parts of this with the i-130 ?

For those interested in the RFE and what was submitted, please see above^
 

6. Other 

I feel like the following may not weigh as strongly as "evidence" in the USCIS eyes but we would still like to include:

- wedding vows

- wedding rings

 

 

From what I understand the fastest way for me to get SSN is after EAD approval which has an estimated timeline of 5-10months.. is this correct?

1. Yes, anything that explains and proves co-habitation is helpful.

 

2. You'll have to wait for the EAD to get SSN, but he should still confirm with his work if he can add you on insurance policies or not. Insurance considers marriage to be a "life event", so they should technically allow employees to add spouses, even if said spouse is not American or does not have an SSN.

 

3. Any credit cards you guys can add each other to? Any joint membership things like Netflix, Amazon, gym, etc (these kinds of things, you can easily add/combine each other's accounts)? What about vehicle insurance (I don't even have an American license but I was still added to my husband's car insurance)?

 

No need to include K1 packet for AOS, but be prepared to answer at least 1-2 questions about the K1. But overall, they're unlikely to make a big deal out of it. A good number of people have gone through this exact pathway and I don't think I've seen a case so far that was an issue.

 

[LibertyBears 22]

 

9 minutes ago, Timona said:

Marriage is life changing. As such, most jobs allow spouses to immediately add their partners without waiting for the annual enrollment date. Ask him to ask his job.

He asked his job and the personnel office told him that it would not be possible to add me to his insurance without a SSN number.

They told him that if we went ahead and filed insurance application without my SSN, they the application will not be accepted. 

If I had the SSN number they told him that he had to add my name within 28 days of the marriage, if he applied after that there is a 52 day waiting time. 

Unsure if this is specific to his job.

 

9 minutes ago, Timona said:

If you don't have good evidence, then you can use this.

Sorry I am unsure which part you are referring to here.

 

9 minutes ago, Timona said:

I think that ship is gone. Let it be. Proceed with AOS.

I was advised by someone else who abandoned their K1 and did the same path as me to include it in AOS application to show genuine marriage.

Do you think it's better to not mention K1 at all?

 

9 minutes ago, Timona said:

Bank of America can be a good stop. Last I checked, they allow you to open account easily

Thank you! will also check Bank of America too if Chase does not allow us 

[LibertyBears 22]

5 minutes ago, mushroomspore said:

 

2. You'll have to wait for the EAD to get SSN, but he should still confirm with his work if he can add you on insurance policies or not. Insurance considers marriage to be a "life event", so they should technically allow employees to add spouses, even if said spouse is not American or does not have an SSN

I will tell him to ask again and see. We have the forms emailed to him. 

 

15 minutes ago, mushroomspore said:

 

3. Any credit cards you guys can add each other to? Any joint membership things like Netflix, Amazon, gym, etc (these kinds of things, you can easily add/combine each other's accounts)? What about vehicle insurance (I don't even have an American license but I was still added to my husband's car insurance)?

He has credit card that I think he can add me to, will call up/visit the bank to ask.

 

I didn't realise that things like Netflix or Amazon was seen as evidence!

We share Netflix and amazon accounts however unsure what is meant by combining them exactly..will definitely look this up

Will also ask him to add me to his gym membership!

 

Vehicle insurance, I do not have a drivers licence at all in any country. Will look up if it's possible to add me.

 

Thank you so much for your suggestions!

 

 

19 minutes ago, mushroomspore said:

No need to include K1 packet for AOS, but be prepared to answer at least 1-2 questions about the K1. But overall, they're unlikely to make a big deal out of it. A good number of people have gone through this exact pathway and I don't think I've seen a case so far that was an issue

Understood.. this means to not mention previously filing for K1 at all? 😕 

Our plan was to include a letter briefly explaining the K1 and reasons for change of plan.. we just don't want them to think that we are hiding it from them !

 

Thank you again!

[Timona 4,207]

20 minutes ago, LibertyBears said:

 

He asked his job and the personnel office told him that it would not be possible to add me to his insurance without a SSN number. He needs to talk to someone else who knows what is required. I was only asked for the marriage certificate. 

They told him that if we went ahead and filed insurance application without my SSN, they the application will not be accepted. 

If I had the SSN number they told him that he had to add my name within 28 days of the marriage, if he applied after that there is a 52 day waiting time. 

Unsure if this is specific to his job. From what I know, it has to be 30 or 60 days after a life changing event of which marriage is one. Basically, he has to add you within the 30 or 60 days or else you miss the bus. Again, it has nothing to do with SSN. He just needs to add you within 30 or 60 days after marriage. All he needs to give HR is the marriage certificate

 

Sorry I am unsure which part you are referring to here. Affidavits. If you do not have strong evidence, then you can submit affidavits

 

I was advised by someone else who abandoned their K1 and did the same path as me to include it in AOS application to show genuine marriage. Genuine marriage is not hinged on K-1 packet. I would forget about that. Let it expire at the embassy. Proceed with AOS. 

Do you think it's better to not mention K1 at all? I will not even mention it. Save your breathe. 

 

Thank you! will also check Bank of America too if Chase does not allow us . Good luck

 

You can also go to the local DMV and get ID. This can help show you stay at the same location

 

Edited June 22, 2021 by Timona

[yuna628 9,680]

By law, yes by law, an SSN is not required or a lack of one is not a bar to obtaining health insurance. Despite that, there are many that remain ignorant of this fact and will attempt to deny coverage. One must be prepared to fight about this. The IRS explains clearly, that a health insurer may ask for such a number, but it is up to the individual to agree to share it, and if they don't want to, they don't have to. It may be given to the IRS directly, if there is a need to request.

 

Americans and immigrants alike have always found there are plenty of people eager to ask for such a private and personal number as an SSN, and may at times attempt to illegally refuse services contrary to law. Simply put, you can't give what you don't have, and you don't have to give it anyway. Most insurers will have regulations and instructions showing how to put in a placeholder number or date of birth, and that they may make several attempts to ask for this info, but it is not a blackmailing demand.

 

Since you have chosen this path to stay in the USA, and you haven't got the normal method of obtaining an SSN more quickly (a K1 can obtain before the EAD), you may encounter more barriers while waiting. I've seen some banks refuse individuals, and while this info is more helpful to a bank, there too, it is not a strict requirement. Banks can and do use other identifiers available, it just requires the supervisor to know what to do. If a bank won't serve you, go elsewhere to someone who will.

[mushroomspore 3,044]

Just now, LibertyBears said:

I will tell him to ask again and see. We have the forms emailed to him. 

 

He has credit card that I think he can add me to, will call up/visit the bank to ask.

 

I didn't realise that things like Netflix or Amazon was seen as evidence!

We share Netflix and amazon accounts however unsure what is meant by combining them exactly..will definitely look this up

Will also ask him to add me to his gym membership!

 

Vehicle insurance, I do not have a drivers licence at all in any country. Will look up if it's possible to add me.

 

Thank you so much for your suggestions!

 

 

Understood.. this means to not mention previously filing for K1 at all? 😕 

Our plan was to include a letter briefly explaining the K1 and reasons for change of plan.. we just don't want them to think that we are hiding it from them !

 

Thank you again!

Yes, find out for SURE about the insurance stuff and the credit cards.

 

As for Netflix/Amazon, it's not really considered the "best" kind of evidence, but it's evidence nonetheless. It does prove on some level that you guys have some kind of relationship etc.

 

Call to ask about adding you to the vehicle insurance.

 

And with USCIS/legal things in general, the best strategy is really to let the inquirer (in this case, your future interviewer) bring it up. If it is not brought up, it's a non-issue. If it IS brought up, be honest about the changes in your circumstances that led to the AOS decision. But overall, it's really not a big deal. A lot of people make the mistake of trying to over-explain and that can lead to foot-in-mouth moments. Let the interviewer lead the interview when you guys get to that. It's their call what to bring up with you guys or not.

[USC4SPOUSE 506]

@LibertyBears, HR may need to call the insurance company. Sometimes they use a "placeholder/generic" SSN to add folks who do not have an SSN. If the final answer is no (for now), I would request that answer in writing and add it to your evidence pile. 

 

Remember that for the I-130, they want to see evidence that you entered the marriage in good faith. Therefore, I would strongly encourage you to include evidence since the time you met. There may be some overlap between what you submit now and what you submitted before for your K-1. That is fine. 

 

Most banks will allow you to add someone without a SSN to a bank account. The trick is to do it in person. Most banks will not do it online. 

 

I would sign up for USPS informed delivery. That is actually good evidence of living together. At least, it shows that you two receive mail at the same address and that you have access to each other's mail. We created two USPS informed deliver accounts and submitted print outs from both with the initial AOS petition and brought more to the interview. 

 

Regarding the lease, your parents may draw up a lease or submit a notarized affidavit stating that you both live there, etc. 

 

Best wishes.  

 

 

[LibertyBears 22]

13 minutes ago, yuna628 said:

By law, yes by law, an SSN is not required or a lack of one is not a bar to obtaining health insurance. Despite that, there are many that remain ignorant of this fact and will attempt to deny coverage. One must be prepared to fight about this. The IRS explains clearly, that a health insurer may ask for such a number, but it is up to the individual to agree to share it, and if they don't want to, they don't have to. It may be given to the IRS directly, if there is a need to request.

 

Americans and immigrants alike have always found there are plenty of people eager to ask for such a private and personal number as an SSN, and may at times attempt to illegally refuse services contrary to law. Simply put, you can't give what you don't have, and you don't have to give it anyway. Most insurers will have regulations and instructions showing how to put in a placeholder number or date of birth, and that they may make several attempts to ask for this info, but it is not a blackmailing demand.

 

Since you have chosen this path to stay in the USA, and you haven't got the normal method of obtaining an SSN more quickly (a K1 can obtain before the EAD), you may encounter more barriers while waiting. I've seen some banks refuse individuals, and while this info is more helpful to a bank, there too, it is not a strict requirement. Banks can and do use other identifiers available, it just requires the supervisor to know what to do. If a bank won't serve you, go elsewhere to someone who will.

Thank you, we will try to apply more pressure, as we have the insurance forms already we will fill out the forms anyways and see how it goes... 

 

I assume this law is at a federal level and not different per state?

 

[USC4SPOUSE 506]

@LibertyBears, I would even call the insurance company and ask what HR needs to do. Honestly, the HR person may not even know that they can just call and ask. 

Alternatively, create an online account for all your insurance benefits and add your spouse as your emergency contact. That is always good evidence of bona fide marriage. 

 

Make sure that you fill out a new W-4 and update your status to married for tax purposes. If you. have an employee profile at work, add your spouse as emergency contact there, too and print that page. 

 

 

[LibertyBears 22]

3 minutes ago, USC4SPOUSE said:

@LibertyBears, HR may need to call the insurance company. Sometimes they use a "placeholder/generic" SSN to add folks who do not have an SSN. If the final answer is no (for now), I would request that answer in writing and add it to your evidence pile. 

I will tell my husband this.

He is not very good with being firm with people even if he is in the right.

If someone tells him no or that something is not possible when it is, he is very reluctant to keep pushing or asking out of fear or uncomfortability of bothering the person  😪

 

 

3 minutes ago, USC4SPOUSE said:

Remember that for the I-130, they want to see evidence that you entered the marriage in good faith. Therefore, I would strongly encourage you to include evidence since the time you met. There may be some overlap between what you submit now and what you submitted before for your K-1. That is fine. 

 

Yes thank you, we do plan to include this, Similar to the proof of relationship/"bonafide intent to marry" files that we compiled for the RFE for the K1 plus more that we have had happen since we sent that off. 

 

 

[USC4SPOUSE 506]

@LibertyBears, Another great evidence of bona fide marriage is a living will or Advance Health Directive. USCIS takes this document very seriously. You would set up two of them and you would authorize each other to make health care decisions in the event either one of you is unable to. 

This link has state specific forms.  https://www.aarp.org/caregiving/financial-legal/free-printable-advance-directives/ 

[oneoftheunderdogs 93]

For the Amazon account, your husband can add you to his "household". We included screengrabs of both of our credit cards listed under the same amazon account, delivery addresses, maybe even order history of both of you buying stuff on that account and having it shipped to the same address... As others have pointed out, it's not really strong evidence, but if you don't have a lot of other evidence to show anything helps, I think...

 

Edit: typo

Edited June 22, 2021 by oneoftheunderdogs