Filling I130 and I1485

[hopefulldreamer3 0]

Good morning, 

my husband (F1 student) and I (US citizen by birth) just got married last week and we are filing the documents together. After contacting lawyers and different programs like Boundless or GreenCardHero we've realized that the forms are easy to fill if you pay attention so we've already done that, we're just waiting for the marriage certificate to arrive.

There are a couple of concerns with our application and they are:

-My husband came for the first time to the US in 2021 as an F1 student but he reentered at the beginning of January to start a new master's. By then we weren't engaged and I proposed after after that. We consulted with a lawyer and he said it's ok to get married on the 90 days since reentering if we have a good case of bonafide proof marriage. We have plenty of pictures together but we don't have any documents together besides sharing car insurance and the marriage certificate. He is basically living with me but he can't change his physical address until he moves out from his dorm, where he has to stay until June 2024. 

-His master's degree is not as great as he expected so he is planning on dropping out around May. Is it ok considering if we filled before that he will be in AOS right?

 

So our questions are: Is it ok if we fill before the 90 days to avoid the new USCIS rules or will it make a huge difference if we fill between the 90 and 120 days after his reentry?

We've asked lawyers that but it seems they're trying to sell their services more than help, they say it's ok but we would like to hear about people that have lived similar experiences as we are.

 

Thank you

 

 

[Crazy Cat 39,664]

8 minutes ago, hopefulldreamer3 said:

So our questions are: Is it ok if we fill before the 90 days to avoid the new USCIS rules or will it make a huge difference if we fill between the 90 and 120 days after his reentry?

There are no new USCIS rules.  There is no 90 day rule for USCIS.  You can file as soon as you get the marriage certificate. 

 

 

Edited March 20 by Crazy Cat

[Crazy Cat 39,664]

If you can file the I-130, I-485, I-131, and I-765 before April 1, you will avoid the (roughly) 100% fee increase.

[Dashinka 23,379]

I agree, file as soon as you get the marriage certificate, and maintain the F1 status until you receive the AOS NOA.

 

Good Luck!

[hopefulldreamer3 0]

Thank you for your answer! Should we include a cover letter explaining why we don't live together yet? 

[Crazy Cat 39,664]

1 minute ago, hopefulldreamer3 said:

Thank you for your answer! Should we include a cover letter explaining why we don't live together yet? 

Why do you not live together?

[hopefulldreamer3 0]

He stays with me almost every night but he has a lease with his dorm until June.

[Crazy Cat 39,664]

3 minutes ago, hopefulldreamer3 said:

He stays with me almost every night but he has a lease with his dorm until June.

You are living together at your address, imo.  Do not mention anything otherwise in a cover letter.

Edited March 20 by Crazy Cat

[hopefulldreamer3 0]

But his physical address is still the other one and he is not on my rent lease yet

[hopefulldreamer3 0]

3 minutes ago, Crazy Cat said:

You are living together at your address, imo.  Do not mention anything otherwise in a cover letter.

But his physical address is still the other one and he is not on my rent lease yet

[Crazy Cat 39,664]

8 minutes ago, hopefulldreamer3 said:

But his physical address is still the other one and he is not on my rent lease yet

If he is spending the night at your address, that is his new physical address.  Having a lease doesn't mean he is still living there.  He is simply finishing a lease obligation after having moved.  In this situation, do not complicate the situation. 

Edited March 20 by Crazy Cat

[hopefulldreamer3 0]

1 minute ago, Crazy Cat said:

If he is spending the night at your address, that is his physical address.  Having a lease doesn't mean he is still living there. 

Is not USCIS gonna be concerned if we don't have a joint lease?

[Crazy Cat 39,664]

14 minutes ago, hopefulldreamer3 said:

he is not on my rent lease yet

Get his name on the lease...now.

[Crazy Cat 39,664]

9 minutes ago, hopefulldreamer3 said:

Is not USCIS gonna be concerned if we don't have a joint lease?

You just married last week.  Submit a letter to your landlord and ask to add him to the lease immediately.  USE THAT AS EVIDENCE. 

Edited March 20 by Crazy Cat

[Crazy Cat 39,664]

Physical address can be defined as where you sleep. 

Street Address vs. Mailing Address (painintheenglish.com)

"Consider the U.S. Cusoms Landing Card -- it simply asks for "street address". And apparently this is exactly what they mean. They actually want the address where they can physically hunt you down. Same goes for FAA & FCC licensing. The FAA/FCC does not care where you receive mail or packages, they want to know where you sleep".

Edited March 20 by Crazy Cat