Our situation - general advice please - getting married next month

D

dog8food

Registered Users (C)
I am a US citizen. My fiancee is a Chinese citizen here on a tourist visa. We are both single/never married (30 and 28 yrs old). We met over 1 year ago while she worked temporarily in the US. After she went back to China I visited her and we both came back to the US WITHOUT the intention of marrying (hence her tourist visa). She had a 6 month tourist stamp here which expires March 13th. Our wedding is February 22nd. We've spent these months in America staying with my family in a few different states. I've only worked temporarily and seasonally (though I am currently looking for a more stable job) and we have been staying at my aunt's house for the past 3 months.

What areas should we be focusing on as we are preparing our paperwork to be sent out right after marriage? What evidence is helpful to gather since now (like evidence of honeymoon documents, etc?) I'm trying to find all the evidence I can to show our legitimate relationship, but because I don't own a house, there are no utility bills. Can I get some official letter from my aunt? Since I have a state sponsored health insurance (for lower income individuals) I don't really want to add her to my insurance and use it as evidence, it probably doesn't look good. We can begin joining our bank accounts, add her to my car insurance, get affidavits from people who know us, etc.

But, correct me if I'm wrong--all this evidence shouldn't be sent with the initial application, right? What evidence should be used for the application and which evidence should be saved for the interview? Also, any tips or advice is Greatly appreciated.

Thank you SOOOO much!
 
Last edited by a moderator:
Also, it doesn't make sense that we merge our accounts (like bank account) before marriage right? Wouldn't that look suspicious? How long after we get married should we wait to mail the forms? We get married on Feb 22nd and her tourist visa expires March 13.
 
Assuming that the marriage is in good faith, 45 days before her visa expires file Form I-539 for its extension. After wedding and after getting marriage certificate and other documents (pictures with family,car insurance, joint bank account etc are only required during interview) ready you can file for her GC using Form I-485,adjustment of status and Form I-130 concurrently. Though while AOS is pending there won't be problem, in case she cannot continue to stay in US you could apply for a spouse visa later and bring her to US.For Affidavit of Support you might need help from family while filing for her GC. You could also use consular processing for GC.
 
dog8food said:
Thanks for your response.
Is there a possibility that her I-539 gets rejected? Would that cause more problems?
Click to expand...

Even if she overstays her status, it shouldn't be a problem as the spouse of a citizen.
 
Last edited by a moderator:
Don't waste time applying for a the I-539. Tourist status extensions usually get rejected anyway, and applying for it for the purpose of staying to immigrate is fraud.

All you have to do is make sure the I-485 and supporting paperwork are filed before her status expires, and there will be no need for an extension application because the I-485 itself will keep her in the US legally until the case is decided. Make the appointment for the medical right now, as it can take a few of weeks to attend both appointments and get the results. Then send that and the I-130, I-485 and supporting documents and forms before March 13, and she won't be out of status.
 
Jackolantern said:
Don't waste time applying for a the I-539. Tourist status extensions usually get rejected anyway, and applying for it for the purpose of staying to immigrate is fraud.

All you have to do is make sure the I-485 and supporting paperwork are filed before her status expires, and there will be no need for an extension application because the I-485 itself will keep her in the US legally until the case is decided. Make the appointment for the medical right now, as it can take a few of weeks to attend both appointments and get the results. Then send that and the I-130, I-485 and supporting documents and forms before March 13, and she won't be out of status.
Click to expand...

Thanks so much!

As far as the I-864A form, I'm going to have my brother (who lives in the same household over the poverty line) be a joint-supporter. There is an option of submitting the prior tax return from the previous year, or submitting the tax return for the previous 3 years. What is the difference? Is it to a greater advantage to submit my brother's 3 previous tax returns, or just the last one (the year in which he made the most money)?
 
Tax returns

dog8food said:
Thanks so much!

As far as the I-864A form, I'm going to have my brother (who lives in the same household over the poverty line) be a joint-supporter. There is an option of submitting the prior tax return from the previous year, or submitting the tax return for the previous 3 years. What is the difference? Is it to a greater advantage to submit my brother's 3 previous tax returns, or just the last one (the year in which he made the most money)?
Click to expand...

In terms of tax returns, you are only required to submit a photocopy or an Internal Revenue Service-issued transcript of a photocopy or an Internal Revenue Service-issued transcript of your complete Federal income tax return for your most recent tax year, or an explanation if it is not submitted. You may also, at your option, submit a photocopy or an Internal Revenue Service-issued transcript of your complete Federal income tax returns for your second and third most recent tax years if you believe these additional tax returns may help you establish the ability to maintain your household income at the governing threshold set forth in Form I-864P, Poverty Guidelines.
 
You must log in or register to reply here.
Top