I-130 and I-485 Forms Assistance: "Never Lived Together", Certificate of Citizenship, Member of Organization, & Applied for Immigrant Visa, etc.

[_sam.aet 0]

(reposting to the appropriate forum)

Hi everyone! This is my first time here. I was hoping I could get some assistance from people who have knowledge regarding filling out the forms I-130 and I-485.

 

Form I-130:

1. I moved to a new city to attend school. My apartment is literally next to my husband's house. We recently got married and is technically living with me (actually ever since I moved to his neighborhood a year back), but not really lol He comes home to me (sleeps here), but all of his clothes and personal belongings are at his parents' house. It makes no sense for us to be moving all of his belongings here when he can just walk over there to do whatever. We have separate bank accounts, but we do have a joint account that's just linked to our personal bank accounts if that makes sense. Hence, we don't really have proof (in terms of bills with his name using my address and vice versa) to show that he technically lives with me. So, do I put my address?

 

Form I-485:

1. Part 2, #2: Does 245(i) only applicable if the petition is on or before April 2000? Also, what type of waiver of forgiveness form if one overstayed their visa? 245a?

2. Part 3, #1: What does "Have you ever applied for an immigrant visa to obtain permanent resident status at a U.S. Embassy or U.S. Consulate abroad?" mean? --- I mean I was petitioned under an F4 visa a few years ago, and applied for AOS, but was denied because I over-aged. But I'm confused about the whole "U.S. Embassy". Is it referring to submitting an immigrant visa in the United States or physically at the U.S. Embassy? Because then I am not sure what to put under the 'Location of the U.S. Embassy'. We submitted (mailed) it to where the processing place is.

3. Part 8, #1: "Have you EVER been a member of, involved in, or in any way associated with any organization, association, fund, foundation, party, club, society, or similar group in the United States or in any other location in the world including any military service?" --- I am currently part of an organization in school (academic related) and was part of a small cultural organization, but I am not sure if it's referring to that.

4. Part 8, #61: What's considered a public assistance? Is the pandemic check considered as one? What about tuition waiver for in-state tuition?

 

Last question: Do I include my husband's passport as proof of citizenship or is the certificate of citizenship enough?

 

I apologize if I asked a lot of questions. I've been working on these forms on and off trying to find answers until I found this forum. I appreciate anyone's input. Thank you for your time!

[millefleur 5,052]

3 minutes ago, _sam.aet said:

I was hoping I could get some assistance from people who have knowledge regarding filling out the forms I-130 and I-485.

What visa are you adjusting from?

[_sam.aet 0]

39 minutes ago, millefleur said:

What visa are you adjusting from?

I came with an H4 visa.

Edited December 27, 2021 by _sam.aet

[millefleur 5,052]

**Moved from What Visa Do I Need - Family Based Immigration to Adjustment of Status from Work, Student, & Tourist Visas**

[Coco8 1,054]

You are going to need proof of bona fide marriage. 

 

Can't he move to your apartment and leave whatever he doesn't need at his parent's house next door? 

 

Trying to explain to USCIS that you don't want to move to the same house because you already live next to each other is going to be a pain in the a** and very impractical. 

 

Quote

Hence, we don't really have proof (in terms of bills with his name using my address and vice versa) to show that he technically lives with me. So, do I put my address?

FYI Some people get surprise visits. If you put your address but he doesn't live/sleep there/has his stuff there and you get a surprise visit, they'll find all of this arrangement very strange.

Edited December 28, 2021 by Coco8

[_sam.aet 0]

5 hours ago, Coco8 said:

You are going to need proof of bona fide marriage. 

 

Can't he move to your apartment and leave whatever he doesn't need at his parent's house next door? 

 

Trying to explain to USCIS that you don't want to move to the same house because you already live next to each other is going to be a pain in the a** and very impractical. 

 

FYI Some people get surprise visits. If you put your address but he doesn't live/sleep there/has his stuff there and you get a surprise visit, they'll find all of this arrangement very strange.

I can provide other means of proof of bona fide marriage (photos + trips from the places we've been to in the last 8 years of our relationship, joint account made before marriage, expensive ring he proposed with, proof of plans of having a bigger wedding when the pandemic's over, being a beneficiary of his health insurance, and life insurance (even before he proposed to me), etc.). We are confident in terms of proving our marriage in good faith, but I just don't want to fill out that section wrong. He does come home to me like sleeps here everyday except we have different mailing address. The only reason we decided not to change our mailing address despite being married is because I temporarily live in an apartment. I'm waiting to get accepted to a grad school, which we'll eventually move out from our respective residence, and start our own. I'd rather be upfront of our situation than having to make up scenarios. Also, based on our situation, it's very practical for us. However, I get your point. I mean I can put my address because he has been sleeping at my apartment almost everyday before getting married, and everyday after we got married. And to reiterate what I just said, I can't back it by having the same mailing address.

[Coco8 1,054]

4 minutes ago, _sam.aet said:

I'm waiting to get accepted to a grad school, which we'll eventually move out from our respective residence, and start our own. I'd rather be upfront of our situation than having to make up scenarios. Also, based on our situation, it's very practical for us. However, I get your point. I mean I can put my address because he has been sleeping at my apartment almost everyday before getting married, and everyday after we got married. And to reiterate what I just said, I can't back it by having the same mailing address.

Ok, so you'll be moving together after the summer, so by the time you have your interview you'll be living together full-time. That would be better. 

 

I think that maybe you are equating living together and having the same mailing address? I don't think he needs to change all of his mailing addresses to be living there, has he? He is basically living there but getting his mail delivered next door, to his parents' house. You can write that his is living at your apartment because he is (he sleeps there very night). For the joint account, use your address as the main address. 

 

USCIS is not going to check if ALL of his mail comes to your home. If the question comes up of why some of his mail is arriving next door, he has a reason (why go through all of the trouble of changing addresses when he'll be changing address again soon). 

 

Also, he can easily change his bank account mailing address online. You want to do this the easier way for you. You don't want to have to deal with delays and RFE, because it's slower than normal already and you are looking at a 9 month wait (at least) to get your work permit (and longer for the green card).