RussianAmerican

I appreciate all of your advices and opinions. Honestly, i'm in the mode of slow panic I see how the red flags keep rising more and more. I didn't realize that having both names on leasing papers is this crucial.

As of right now, as a proof of bona-fide marriage i only have few pictures (including picture with my mom), power bill with both names, joint bank account and we'll pay the fees with a check with both our names on it, also i have few magazine subscriptions with my name on it coming to our home and he has few letters with his name on it. I want to add two affidavits from our mutual friends who'd describe how long they know us and that they're aware of our marriage and living conditions.

But that's it.... and i'm starting to feel desperate

And as a self employed person he will need to show his last three years taxes, not just the most current year.

It will be up to the AO if they decide to disregard the previous years of low earnings.

How accurate is this statement? The form does say that three-year taxes are optional and the requirement is just one year? May I send one year taxes in the initial package and i guess if it's an issue they'll return it for RFE, correct?

Moving so you can be on a lease to establish co-mingling of assets is a bit extreme IMO.

Mom who is paying the bills not knowing? Way. Bigger. Issue.

I can recall our AO asking for photos. We had our wedding album. He wanted to know who put the album together. He wanted to know who the people were in the photos. He smiled at the pictures of my grandmother.

OP, fix your family situation. Otherwise, your marriage smells a little like marriage for hire.

His mother is not paying the bills, he pays his bills. It's slightly more complicated.

I understand how it looks like an issue, but it's not evident on any papers or forms unless they ask, right?

Knowing about his family and knowing his family are two different things. People who commit marriage fraud can know 'about' things by rehearsal.

I really believe that is your biggest red flag - that and the fact that as a result of his mommy situation you are going to have a hard time getting any evidence built up.

Yes, I understand. You have a valid point. Thank you for it. But may I ask a question, how do you think it may come to their attention? It doesn't shows up in a first/main package that we send, right? I understand they may ask during the interview, i'd just say that i met them, they are aware and it is what it is. No we don't have no pictures together (as of right now) from thanksgivings and christmas, but we don't really have pictures like that period.. we don't necessarily into the big outings etc. He stays in the gym a lot, i study online. How much deeper they can go into situation on spot?

Don't get me wrong, i'm not trying to lie about situation. I just don't think i should talk about it unless they ask.

Also, when it comes to evidence.. yes it's hard for us to put my name on the lease right now, but this is optional right? If i show joint bank account, bills, pictures... it may work too right? In the guides, it says show the proof of Bona Fide Marriage: .... OR .... OR .... OR... etc. I hope other papers that i include would satisfy them.

In regards to intent, you said you had no plans on immigrating here during your visit. Were you ever put into secondary screening upon arrival?, and if you did what did they ask? (this is where they will get you on intent). If you were not put into secondary screening, then you should be fine. Best of luck.

I'm not 100% sure what secondary screening is so I hope that means that i never been put through one. Last time I entered USA in Atlanta, officer on a regular customs check point asked me if i'm aware of the fact that i can only stay not more than 6 months out of a year in USA and that i already been in states for 2.5 months in 2011. And I said I know. I was just going to jamaica through the USA and intended to stay maybe couple weeks after Jamaica just to visit friends etc. So he put a stamp for 6 months on my i-94 again (they always did that,e every time i came but of course i never stayed the full 6 months). And after i came back to Atl from Jamaica i absolutely had no problems with customs, they left the same i-94 and didn't ask any questions.

My wife and I got married at a courthouse, and only my side of the family were able to attend the ceremony. During the interview, the officer looked through our pictures and asked who everyone was on the photos at the ceremony (we also included photos of misc trip/events throughout our relationship). He did ask about my wife's parents, and I had to tell him that they had both passed away. It was in my wife's file, so he was probably testing me. Don't be surprise if they ask about your husband's family, especially when you show your wedding photos. IO are very curious and thorough folks. I wish you a smooth process.

Thank you for sharing your experience! I'm glad everything worked out great for you.

The courthouse wedding for us was more like a legal procedure, while when it comes to actual wedding with all the formalities, we still want to have one.. actually two but it is not possible until we get through the paper process. I think it's understandable and officer would accept it. And also, if any questions asked, I do know a lot about his family. We talk a lot. Especially at the beginning of our relationship, we used to talk all night long so i'm aware of many things from his past etc..

Get on his bank accounts and do other "comingling" things that a couple would do. When ou get your EAD (make sure you file for it), go and get your SSN and get your drivers licence (if your state allows it) or at least state ID, this shows a joint address. Get affidavits from friends family.

I don't see many red flags at all. Print evidence of talking before you came to the US to establish a relationship.

My only concern would be intent. They can't ask about intent but if you have anything (emails or job contract or something) that would help show lack of intent I'd have it "just in case".

This whole "intent" situation is such a gray shady area to me. Honestly i'd never expect to come here and get married. I traveled a lot, never overstayed my visas, never got denied a visa, have good family/education in Russia, i'm not running from poverty or bad life in pursuit of american dream. It's really hard to show any other proof other than that... I hope that on interview we would make a good impression as a couple. We literally were born two days apart, we are like twins and soul mates. We clash of course, and not everything is perfect all the time, but i hope we won't be "suspect" as a couple.

I am scared that they may question the fact that before coming in May, i also been in USA in January-February. It was a long vacation. I traveled. Been in ATL and LA. I just finished working for Cirque Du Soleil in Moscow, Russia, in December so I had no other obligation etc and i went to USA to visit friends etc.. at that time we had no romace or anything with my future husband. Then I came back in May to go to Jamaica. I was 10 days in Jamaica on vacation. I didn't mean to stay this long after it though.. but that's when i got head over heels with my future husband. So in the big picture, it looks bad that i spent so much time in USA last year... but it just happened like that. I do travel a lot, so it wasn't some outrageous activity for me. You guys think it would be a huge red flag?

Lease - ok, if its not possible, not end of world.

Bank - co-mingling of financial resources is very good evidence. so make sure you have statements reflecting that. do you have bank cards that reflect that (maybe have same account number on them or something?)

power bill - it helps and do send a copy. but the bank stuff trumps it.

magazines - if you really want to send it, do so, but its pretty weak evidence

being self-employed im not sure what his/your health insurance would look like. are you on his insurance and can show that maybe?

regarding his mom not knowing about your wedding. its not a knock-out criteria but expect a question about it and having a good answer.

its about bona fide character of your marriage and his mom not knowing about it raises questions.

does she know about you in general? have you met? who attended your wedding?

you may expect those questions from the officer in an interview.

best of luck

Thank you for your opinion on my matter!

Lets see... bank.. we have a joint account, it's just a checking account that we use to pay bills etc.. we made it so I could have a debit card (since without credit history in usa and ssn i can't have credit cards). Both our names are on account and on checks. I'll get a letter of reference from the bank that covers current balance and deposit history and send it with the package.

When it comes to his mom.. I know it sounds strange, but it's the situation. She's a wonderful woman, but she's divorced, lives by herself and he's her pride and joy. He just worry that she won't accept the marriage news to easy. I know I said it here on this forum cause i practically have nothing to hide, but I don't see how it may come up as an issue if i don't showcase it anyhow on the papers. Only if they ask at interview.. but that would be many months from now. Until then i hope we'll figure this thing out or at least be ready with a good answer.

And we got married in a city hall, my mom was there. Since i'm currently out of status and can't travel etc, we decided to wait till I go through the paperwork process and then have two ceremonies - in USA and in Russia. For both sides of the family. Just a family/friends celebration, you know. If everything goes smooth and USCIS accept the application and set the interview date, we probably would set the date for our "weddings" and send save-the-date cards.

Cover letter about education levels, career potential, etc. is meaningless. It won't get you any "points" toward meeting the I-864 affidavit of support requirements. As self employed person, he needs to have an income on line 22 of his most recent form 1040 tax return (2011) that meets the income requirement. If not, he will need a joint sponsor. These I-864 FAQ's may be helpful to you >>> http://travel.state.gov/visa/immigrants/info/info_3183.html

Ok, I understand. Thank you so much. I read those FAQs before, and yes the amount in Line 22 is enough to cover 125% poverty. Slightly more than that actually. I hope it'll be enough. My main faith is in showing our bank accounts and the history of deposits etc.. cause since he's self employed and work for cash there's no paystubs or other ways to show the money come n go.

Thank you again!

I don't see any issues that can't be overcome.

Overstay is overlooked for the spouse of a us citizen.

Your intent very likely will not be questioned, especially given how long you waited to get married.

The basketball thing has no bearing. If he made enough last year that is all that matters...providing he is still working and making enough, of course.

All he needs from the other years is to have filed, the amount doesn't matter.

I would strongly advise you to not get into writing a cover letter that outlines our story. It's just not necessary. Do not provide things that aren't asked for.

As far as evidence, you can continue to build that up until your interview - you don't need to provide all of it right away, just what is outlined in the instructions for the form i-130.

Get your name added to his lease...the fact you have an apartment in your name shouldn't be an issue - it's not even something that needs to be brought up. The important thing is that you can show you are living together by having your name on his lease.

Again...I just want to emphasize how much I think the cover letter idea is not necessary. Just follow the instructions and you should be just fine.

And this is a slight problem he can't add me to the lease. First of all, the complex where we live have eccentric regulations. If you want to add somebody, they charge you for extra background checks (even though they already did it on me when i signed my lease), they add some extra fees and raise the rent. All of that just sounds like extra headache. And also the second factor... which is not too good, and I know.... his mom doesn't know that we are married. I know it's weird and wrong, but it's a tough family situation with too many details to name, so i'd love just to keep it off the case. But she kinda have access to his rent bills etc.. they have joint life insuarance.. we honestly, just waiting for the right moment and don't want to rovk the boat that don't need to be rocked yet. That's why i though i could send copy of power bill and maybe copy of some mail that comes on my name. And also out joint bank account has his address on it.

Any chance you have been working to pay for your apartment? Just thinking ahead for other red flags.

No, I was not working. I think even if I tried, i wouldn't succeed. They are pretty strict with laws here in Atl and i don't want to get in any trouble. Thank you for pointing it out though, I understand how it may be a question. I only paid for my apartment till October. And my dad been sending me money through Western Union. My dad has a good job and we also have a family business (charitable medical fund) that I'm still helping my mom with without being present in Russia (translate some papers for her in English, contact people, etc). So they send me money "for" that too. It looks like just parents sending money to a daughter. I don't claim it as job. Lol. Looks like TMI, but i just want to show that i'm not sitting on my parents shoulders

And I do have a very good education (mathematics/programming), I was thinking about adding the translated copy of my diploma etc.. don't know if it's necessary though. I just want to show that I can't wait to get my papers straight and apply for job. I think when both of us will be working it'd look even better.

Hello everybody!

First of all let me start off by saying how incredibly amazing this forum is and how generous the members are when it comes to sharing information and help each other. This forum is the reason that I finally decided to proceed with my AOS without lawyer. And i hope and I pray it will go well.

I'm from Russia, 26, have a good education, family, traveled a lot. I've been coming to USA every year during summer time for vacations and shopping. Last year, 2011, I entered USA on B2 in May. At that time I was already talking to my future husband through social networks, emails, skype and phone. I intended to stay only a month or so. But once our romance got serious, separating, especially in summer time, seemed impossible:) He helped me to rent an apt in Atlanta. It was a good area and complex, so just a month later he moved in to the same complex as well. But different apt because it was too early to live together. My i-94 let me stay till Nov 5th. In october he proposed and we moved in together. I didn't break my lease to avoid fees and just let a friend stay in my apt and pay for it while it's still on my name.

Now the red flags.....

We only got married in January. Because at the time he was waiting for the response from the team that he might've played for (he plays basketball) and it was kinda uncertain situation. And also i wanted my mom to be present on my wedding. She came to visit right before New Years and left after marriage.

Now it's May. I know I waited too long to start the process. But his uncertain career situation and also financially we were collecting funds for the fees etc.. all of that kinda kept us from filing.

More red flags:

- i overstayed. Clearly.

- i entered on B2... but i absolutely had no intend of even staying this long. I got my visa in 2009 for 2 years, so my intentions were pure when I applied for it etc... And even when I came here, i didn't know it'll turn into life-changing experience.

- he is an athlete who's trying to get a job overseas. He's my age, 26, (we actually born 2 days apart:), and before moving in his own place he lived with his mom, studied and played basketball. While working on his skills and talking to teams, he is self-employed as a basketball trainer. He trains kids and gets paid pretty good for it. He filed his taxes for 2011 as self-employed (no 1099s though).. he filed previous years but the amounts are very low because at that time his main goal was to play basketball and he lived with his mom. In 2011 he made enough to meet the minimum of 125% poverty line.

It's hard for us to find a sponsor, so we hope his tax return papers, and bank accounts balance and deposit history would be enough to prove the income. We have one joint account too. Also i wanted to add a cover letter explaining what exactly is he doing and how both of us have great education and how he has corporate job potential but at this moment just chasing his dream. And still makes enough to support me, but as self-employed.

- we live together in his apt, but my other apt is still on my name. Is it much of a red flag? I do have some mail with my name on it coming to "his" apt though. And a few magazine subscriptions. Also both our names are on power bill. Will it be enough?

This is really getting long and i don't want to abuse much of y'all time. I'm in the process of filling papers right now and hopefully will send it to USCIS in the matter of a few weeks. If you guys would be so kind, can you please look at my situation and advise me of what to pay more attention to and what potentially can be a definite red flag? I'm scared, to be honest. I know we procrastinated a lil too long. But life is like that sometimes.

I'll have more questions as I proceed with this papers and would greatly appreciate any advices. Thank you so much. And hope this thread would be helpful to other couples who are in a similar situation.

Hello everybody!

I'm currently in US on tourist visa and my i94 expires on Nov 10. I plan to go home around Nov 1.

At the same time my mom is about to apply for a tourist visa (her last visa expired in june, so now she's eligible for non-interviewed renewal of the visa). She and her friend just came from Europe trip. Now they want to go to NYC, solely for travel purposes for a week or so around Nov 17th (her friends birthday, so it's like a girls shopping trip:).

Question! Filling up DS 160 there's a question about immediate relatives in US. I guess I am an immediate relative (daughter:).. but i'm here on B2 as well and will be back home by the time she plans to come here. What's the right way to approach this situation. Put NO or YES?

And as i said again, it wouldn't be a question on interview cause my mom don't have to go through interview. So at the same time if she puts YES and it'll be a red flag she won't be able to explain it cause there's no interview.

And my mom has a good history of traveling abroad, never was denied and never broke no immigration laws. Have business, live with my dad, etc etc.

I would appreciate any advice/opinion etc! Thank you!

Thank you for the reply.

Frankly I thought it's rather a common practice. How else people get married in USA with their non-USA bf/gf ( besides obvious fiancé visa)? And I got my tourist visa two years ago so I was not lying when I applied for it since my intention was to travel.

Hello!

I'm so happy I found this site, it seems everybody here are very generous when it comes to spreading knowledge and share the experience:)

I'm currently in Atlanta, GA, on my tourist visa. I've been coming to USA back and forth for 5 yrs, never was denied a visa, never overstayed. My boyfriend, American citizen, just proposed to me and we're very excited to get married.

Originally I'm from Russia, but I would love to stay in USA with my future husband. So I guess after we get married I'll have to apply for Adjustment Of Status, right? And that's as much as I know about the process:)

Can anybody who's been through the same situation, explain me the steps I should take now and appox time frames?

And I entered USA on may 6th, stamp in my passport says I can stay till nov 5th. We want to get married late June-early July. And I'd need to go back to Russia before the end of 2011 to re-new my passport.

Thank you in advance!!