mightyheart

I am applying for a greencard for my mom. My friend would like to be joint sponsor. She made 50,000 last year and filed tax jointly with her husband.

Her husband's business didn't really bring any income last year.

So if my friend is the joint sponsor, does her husband need to file any form together? or only my friend files I864 should be fine?

A very similar older thread, worthy to read: http://www.visajourney.com/forums/topic/356053-change-joint-sponsor/ Hope it helps!

Thanks Jenkins,

That did help. But another question will be since I adjust my Mom's status as Citizen's parent, there might be no interview. Then what file should I file out? Just another I-864A? Is there any other forms? Or should I write a letter to address it?

If I filed it, would it make the whole progress longer?

I filed documents to adjust my Mom's status this January. Haven't got the greencard from USCIS yet. Fingerprints were taken by them on Feb and they let her go in to re-take it on Apr.

But I am divorcing with my husband who filed I864A for my Mom. Because I don't make enough to support my Mom. So my husband is the co-sponsor.

Here is the question, can I file to change the co-sponsor?? If I could, what should I file?

Thank you guys in advance.

What state did you get married in? In some states you can personally bring in the license to the clerk and wait for them to process it instead of mailing. Maybe you can make a trip there and tell them you want to pick it up and not let it be mailed and it might work. I would not bother sending it without the certificate, thats one of the main documents needed.

We just went to the court and picked it up!!!!!!!!!! Haha!! Thank you all!!! Thanks a lot!!!

Overstay is irrelevant/forgiven for spouses of US citizens.

This case already has some other red flags that they will have to overcome, however. They did not know eachother when she arrived and therefore had about a 2 months courtship before they got married, and they got married right before the visa was about to expire, showing that they possibly married just to avoid having to go home. Also the Op has said in other posts I believe that they came for work reasons, but then suddenly they don't have a job or quit or something. Anyway, hopefully I am wrong and they just fell in love.

But we do get married so fast for me can stay here. We don't want to be apart from each other. I don't understand if they deny two persons in love...

Overstay is irrelevant/forgiven for spouses of US citizens.

This case already has some other red flags that they will have to overcome, however. They did not know eachother when she arrived and therefore had about a 2 months courtship before they got married, and they got married right before the visa was about to expire, showing that they possibly married just to avoid having to go home. Also the Op has said in other posts I believe that they came for work reasons, but then suddenly they don't have a job or quit or something. Anyway, hopefully I am wrong and they just fell in love.

I did quit my job and start traveling around US. Because something unhappy happened between me and the company. But I didn't expect that I will meet anyone. Hope we are blessed by GOD. Thanks. It is good to know I could overstay legally!!

I wouldn't send it in without the marriage certificate. The certificate shows that you have a valid relationship to petition, and without it, I think there is a chance they will not accept your package at all. They may accept it and then send you a RFE for the marriage certificate,but there is a time window to respond. If you get a RFE and do not have the marriage certificate to send back to them by the due date, they will deny your AOS. Either way, I think it is best to wait until you have the marriage cert in hand. If you had a time constraint on your AOS, why didn't you find a faster method to get your marriage certificate? Did you ask if there was a way to get your certified marriage certificate sooner?

I'm with Harpa Timsah, don't send anything without the certificate.

I would be remiss if I didn't say that the best thing you can do is to return to your country and start the CR-1 process. I know you don't want to be apart from your spouse but at the same time, sending off the file without the formal certificate runs the risk of outright rejection that Harpa Timsah alluded to. You are also keenly aware that you will be out of status while waiting to receive the certificate. I've heard different things from different people in regards to overstay and being married to a US citizen. Since I do not know the law on that myself, I am not qualified to comment.

Thank you all!! Do you know how long is the time window for RFE?? The court said they have to take that long to get things done. A lawyer said I could overstay and then send documents out. If there is no choice, I might just wait.

Expect an RFE for the marriage certificate should you send your documents and forms without it. Once they have the complete file, they will move forward with adjudication.

So you mean I can send without a marriage certificate?? I just don't want to wait, I don't want to overstay...

First of all, I'm going to give you the benefit of the doubt and assume you did not enter with the intent to marry and then adjust status on this entry (entering on a non-immigrant visa with intent to adjust status is fraud). Another thing I did not think of earlier is that expiration date. The time of authorized stay on an entry is what is written down on the I-94.

If you don't send the certificate when you file, you will receive an RFE for it. Sending in a copy of the license is pointless, all a license allows you to do is obtain a certificate.

I met him here after almost three months I came here. After 2 months we met we decided to get married. I don't have the intent to stay or get married when I came to USA. The expired date is Apr 20 2011.

So we could send without the marriage certificate first. Will it affect me to get the Greencard??

Congratulations on the wedding!

You need the formal marriage certificate to file for AOS. What kind of visa did you enter on? If you entered on a K1 and married within 90 days of arrival, then don't worry about the expiration date. If you are trying to adjust status from another type of visa, then I don't know how the expiration date will affect you if at all.

Thanks!!

I entered in with B1 Visa. Can we send the copy license first? Then maybe they will ask us the some more documents. Then we could send together.

No, you need the one that is issued after the marriage is recorded.

Could we send the copy first? Then when they ask for supplements. We could send the formal one together. At that time, we should already get it.

We get married a week ago. Now we want to send all the documents out tomorrow. We don't have formal Marriage Certificate. The court will send us in 4-6 weeks.from the day we got married. My visa will expire in 10 days. So we want to send all the docs now. But we got a copy Marriage License. Can we use it instead of the formal Marriage Certificate???