AOS filing package

[jillianshea]

Ok.. so like where it says submit an affidavit sworn to by a third party having knowledge of a marriage... would like my husband and I and one of our family/friend go to a notary and swear it in front of them?

 

[evcalyptos]

Ok... I was going by this**************

Note: Evidence of a Bonifide Marriage

Lana and i disagree about this one. I've seen several "RFEs" Requests for Further Evidence come back when people do not include some of this proof with the I-130 submission.
While Lana IS an immigration lawyer and I am not and she has the authority to say if something is 'necessary' or not, I still disagree with her on this one because of first-hand accounts I've read. Both our opinions are valid, and this is part of the do-it-yourself package--YOU have to study, read up etc and decide for yourselves how to interpret some of the forms, questions and information you'll get.

All that said, many newlyweds find that the personal affidavits are all they can scrape up. You've already identified many other things you can use as well. Due to your ages, it wouldn't hurt to have a note from the families saying that they know about and support (if they do) your marriage.
No evidence stands alone. Everything knits together to make a picture of your lives, so don't get over-focused on just one thing.

Again, I recommend this document checklist: http://www.familybasedimmigration.com/forum/adjustment-of-status.php

 

[evcalyptos]

Ok.. so like where it says submit an affidavit sworn to by a third party having knowledge of a marriage... would like my husband and I and one of our family/friend go to a notary and swear it in front of them?

"A third party" means someone other than your husband or yourself, who writes a statement about their first-hand knowledge of your marriage and its bonafide (genuine) nature. That person would sign their document in front of a Notary Public (try the bank) who would endorse the document.
You and husband don't have to attend.

The requirement that this is satisfying is that your marriage not be entered into for the SOLE purpose of the immigration benefit. Your case does have some red flags in that arena, so it would not hurt you to have a private consultation with an immigration attorney to make sure you get things right the first time around.

 

[jillianshea]

What red flags does our marriage show?

 

[evcalyptos]

What red flags does our marriage show?

Marriage to a US citizen is generally the only cure for the immigration problems you have, and it's quite unusual for US teens to get married.
Sorry to look at it with a cynical eye, but you need to be thinking like an immigration officer, not a gal in love.

 

[ImmigAttyLana]

I never submit any supporting documentation of the proof of marriage since none of it is adjudicated before the actual interview anyway and it is all requested at the time of the interview. I have been doing this for more than 10 years and it has never been a situation where any such documentation was requested in a RFE. The RFEs are sent for things that MUST be submitted with the application/petition and which are not.

Much of the documentation can only start to be gathered after the petition is filed and when the EAD is obtained because that is when the SS# can be obtained and many things set up in the name of the foreign national spouse.

 

[jillianshea]

Thanks you Lana for clearing that up for me! And you're absolutely right, my husband can't work or anything right now so there is not much we can get in both our names anyway. I believe the processing time for the Atlanta District office is 6 months for AOS. I believe that most all the offices have close to the same time frame anyway. So if we file at the end of this month, we can expect his EAD around April, and expect our AOS interview around approximately July/August? So that gives him 3-5 months of work before our interview.....

 

[jillianshea]

Someone told me a red flag would go up on us becuase it's uncommon for 18/19 year olds to get married... I just want to prepare and not be denied..
At the time of the interview if we take stuff like joint checking accounts, savings bonds together, simple cards together like blockbuster/Sams Club,etc, we won't have filed taxes by then because we would only have been married 7-8 months by then, no joint ownership, no joint leases, etc, except for a letter from my parents saying we live with them**************and of course pictures and cards,etc galore!
Will this be sufficient at the time of the interview? I'm trying to figure out whether to file NOW or wait 3 YEARS until I graduate college and we can get our own place, and I really don't want to wait that long for him to be able to work!!!! (he graduates in 2 years)

 

[evcalyptos]

Once your boyfriend turned 18, he began accumulating time out of status. Legalizing his status sooner than later is to his benefit (and yours) since he is removable at any time. A minor traffic stop could turn into a huge problem.

 

[jillianshea]

Is it true that he could get in trouble for attendimg community college sice he is currently overstayed? And someone also told me that US having a joint bank account is bad since he doesn't work?

 

[evcalyptos]

That's up to the policy of the school he is attending (most do not make an issue of it). He can't get in any more immigration trouble for attending school unless he claimed to be a US citizen.

I've never heard anything like that about bank accounts. One does not need to be a US citizen or legal resident to have a bank account.

If he is using documents (for school or banking) that are forged or are not his, that can add to his issues.

 

[jillianshea]

No forged documents at all, everything is real. His records from high school is what went towards college. When we went to set up a bank account they copied his passport his visa my license and a print out of his college information that showed his tax identification # that the community college assigned to him, that's all so we're good with that... thanks for clearing that up.

So when we send in the AOS packet with the I-130 included, what all should we send documentation wise? Like what do we send in about our joint bank account? a statement or a copy of our check cards or checks or what? Any real good reccomendations about what to make sure to send and any personal experiences of yours that I could benefit from?

 

[evcalyptos]

Proceed as if 'normal' then. I gave the link in post #17; all personal experience and that of successful friends folded into that one, along with official links.