AOS for H1B visa holder married to US citizen

[Tokki 1]

Hi everyone,

I'm US citizen and my fiancé is Canadian H1B visa holder, we plan to get marry in September and start the green card process asap. I have a few questions, hoping someone can clarify. We are currently in 2 different states due to work (CO and MN) but I will move to MN by end of this year or early next year at the latest. All these questions mostly for if we file before the move happens:

1. Do we use different addresses or should we use just the MN one? Will either scenario cause any problems later on?

2. We will file I-130, I-485, I-765 (I'm not 100% sure, but I think this is the EAD) and advance parole together. In that case, can we leave the US before getting advance parole or will we have to wait? Does filing for EAD affect his H1B status?

3. If we file immediately after getting married, does it look suspicious to USCIS?

4. When will I have to file Affidavit of Support (This is the income proof, right?), as well as other proof of our marriage? I'm worried that if we file before the year ends & have to send those at the beginning, we won't have proof of tax joint. We are currently living apart so we have very limited proof (no joint lease nor tax), mostly just health insurance and joined bank account.

Thank you in advance for your help

[OldUser 4,893]

Hi @Tokki

 

1. You need to tell the truth as of the time of filing. If you live at different addresses when you file, you need to list different addresses.

2. No, the beneficiary cannot leave the US before getting Advance Parole. If he leaves, he will abandon his AOS application. No, EAD should not affect H1B.

3. No, you should file ASAP after marrying, there's no need to wait. Immigration takes a long time.

4. For affidavit of support, US citizen income information is needed. It's ok if you haven't filed jointly at that time. If you don't make enough to sponsor your spouse, you would need to find a co-sponsor. For bonafide marriage evidence (should be a different question), you may submit marriage certificate, photos from your dating times / proposal / wedding. Any documents related to organizing the wedding (venue reservation), plane tickets with both names, messaging between both of you, receipts for presents etc. During the interview make sure you're you're ready to explain why you didn't live together initially and how you moved together etc.

Edited March 7, 2023 by OldUser

[Tokki 1]

19 minutes ago, OldUser said:

Hi @Tokki

 

1. You need to tell the truth as of the time of filing. If you live at different addresses when you file, you need to list different addresses.

2. No, the beneficiary cannot leave the US before getting Advance Parole. If he leaves, he will abandon his AOS application. No, EAD should not affect H1B.

3. No, you should file ASAP after marrying, there's no need to wait. Immigration takes a long time.

4. For affidavit of support, US citizen income information is needed. It's ok if you haven't filed jointly at that time. If you don't make enough to sponsor your spouse, you would need to find a co-sponsor. For bonafide marriage evidence (should be a different question), you may submit marriage certificate, photos from your dating times / proposal / wedding. Any documents related to organizing the wedding (venue reservation), plane tickets with both names, messaging between both of you, receipts for presents etc. During the interview make sure you're you're ready to explain why you didn't live together initially and how you moved together etc.

Thank you so much for spending time answering my questions, just to clarify:

- I will have to change job after moving, do I need to update my affidavit of support then?

- Bonafide marriage evidence: Can I bring parts of these later to the interview? We are planning no wedding, at most, just a small party with friends and family which will be next year so I won't have proof (photos, reservation...) by the time we file. 

[OldUser 4,893]

9 minutes ago, Tokki said:

- I will have to change job after moving, do I need to update my affidavit of support then?

As a sponsor, you will have to file I-865 every time you change the address. You don't need to update the affidavit, but make sure to bring the latest information to the interview. You're likely going to be asked about your employment.

 

9 minutes ago, Tokki said:

Can I bring parts of these later to the interview? We are planning no wedding, at most, just a small party with friends and family which will be next year so I won't have proof (photos, reservation...) by the time we file. 

The best strategy is to submit everything you have at the time of filing. Long time ago people used to file thin cases and bring evidence to interview. Up until recently, USCIS would expect you to give evidence, and issue RFE before interview if there was no enough evidence submitted with filing. Recently, more and more people report getting Notice Of Intent to Deny (NOID) or straight denial when submitting little evidence. It's in your best interest to submit as much as you can. Get affidavits from friends, open joint bank accounts, start combining finances and save for joint goals together. Your spouse has H1B, thus has SSN, thus can do a lot of financial stuff already, including merging finances once you get married.

 

File as much evidence as you can find, and keep collecting it. Your spouse will need it for Adjustment Of Status, Removal of Conditions and possibly for Naturalization. 

 

Edited March 7, 2023 by OldUser

[Tokki 1]

12 minutes ago, OldUser said:

As a sponsor, you will have to file I-865 every time you change the address. You don't need to update the affidavit, but make sure to bring the latest information to the interview. You're likely going to be asked about your employment.

 

The best strategy is to submit everything you have at the time of filing. Long time ago people used to file thin cases and bring evidence to interview. Up until recently, USCIS would expect you to give evidence, and issue RFE before interview if there was no enough evidence submitted with filing. Recently, more and more people report getting Notice Of Intent to Deny (NOID) or straight denial when submitting little evidence. It's in your best interest to submit as much as you can. Get affidavits from friends, open joint bank accounts, start combining finances and save for joint goals together. Your spouse has H1B, thus has SSN, thus can do a lot of financial stuff already, including merging finances once you get married.

 

File as much evidence as you can find, and keep collecting it. Your spouse will need it for Adjustment Of Status, Removal of Conditions and possibly for Naturalization. 

 

This is very informative, thank you very much for you help. We will start collecting evidence and do our joint bank account/ health insurance before filing.

[Chancy 6,233]

On 3/6/2023 at 5:55 PM, Tokki said:

can we leave the US before getting advance parole or will we have to wait? Does filing for EAD affect his H1B status?

 

As an H1B visa holder, your spouse-to-be may travel in and out of the US freely, even without AP while his AOS is pending.  What matters is that he keeps to the terms of his H1B visa, like staying at his job at the company that sponsored him.  I recommend that he NOT use his EAD/AP after they are issued, so he remains in H1B status.  Filing for EAD would have no impact on his H1B, as long as he does not use the EAD (ie, does not notify his company HR that he is switching to EAD holder status).  Still a good idea to file I-765 and I-131 anyway as backup, in case he ever decides to quit his current job while his I-485 is pending.

 

[OldUser 4,893]

16 minutes ago, Chancy said:

Still a good idea to file I-765 and I-131 anyway as backup, in case he ever decides to quit his current job while his I-485 is pending.

 

Agreed, also valuable in case of job loss.