how to file.

J

jaipas25ans

Registered Users (C)
Hello all,
I was wondering
if I file I-130 concurrent with I-485, do I need to prove that our marriage is bona fide?
we recently just wed, we need to file before the filling fee increase because of financial reason, we hardly had ends-meet.
My hubby just got discharge from military and we always wanted to get married after he finish the military BT even if he got discharge.
I don't have any financial resource, my mom is a GC holder and in 2006 filed a petition for me(should be useless now). But since she is senior, and only work for several hours she cannot help us.
Is there any way I could file for a waiver for myself? for the forms (I-485, and EAD?) I really wanted to help my hubby because he's still not feeling well enough and I wanted to find a place for the both of us to live.
 
Yes you need to provide some initial evidence of a bona fide marriage as per I-130 instructions, regardless if you file concurrent or I-130 by itself; however, your evidence will be more heavily scrutinized during the interview, when you presumably had a couple of months to work on your shared life.

I don't understand your question about the waiver... what exactly do you need waived?
 
I understand that the green card process and interview may take a while(several months) and I guess during that time my hubby's probably well enough to buy us a place to live to, currently we shared house with my parents.
I'm asking for my fee waiver(for adjustment of status I485 or Getting a work permit to be able to get a job while waiting for my actual green card)
if I could have a fee waiver because I do not have the $$ to for these.

the filling of I-485? can I waive the fee or no?

so far for the bona fide marriage,
I have about three to four evidence of our marriage,
photos during our wedding, some photos of him, but we really go to a lot of places together and we don't take a lot of pictures because my camera is too big and we usually just go to movies, let's just say that we don't really like to be photograph that much, like some sort of tourists...
then there's some letters he sent me while at BT
making joint bank account which I hope I could because I don't have SSN
buying insurance of which I am the beneficiary
phone calls(the bills showing our conversation as gf/bf)
 
Oh, a filing fee waiver, I don't know the answer to that but have never heard of it (usually the USCIS wants you to pay for your immigration benefit). If the situation is that bad, I'd also be concerned about the I-864 (affidavit of support). Your sponsor (usu. your husband but can be someone else) needs to prove you have income and/or assets to stay at some level above the povery line, so you don't become a "public charge."

Maybe someone can comment on the fee waiver, especially in light of OP being a military spouse or former military spouse?

I know USCIS does have a category for EAD for hardship cases, unrelated to I-485, my former roommate had such a hardship EAD while he was on F-1 many years ago.

Looks like you got some initial evidence to get started. Lack of SSN does make it more difficult, otherwise I could have suggested a gazillion low cost financial things such as a joint US savings bond (starting at $25), joint credit cards (authorized user perhaps, easy to add)... how about a joint lease contract? Authorized user on credit card should be possible w/o SSN I believe. All you need to provide there usually is the name.
 
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in the USCIS website there are two affidavit of support form, I believe it's I-134 and I 864. I wonder which one to use?
I have sponsor to not "become a public charge."
 
I got another question, what medical certificate do I need to send them?
and when will I need to send the medical certificate? is it with the I-485 form?
what happens if they ask me for more evidence(like other things I forgot to put inside the form like medical certificate or something) will my case be delayed very much?
 
It's good that you have a sponsor, but check on the implications of this for the waiver you seek. I wouldn't understand how you can prove, on the one hand, you have such sponsorship, and on the other hand, can't afford the filing fees/need hardship EAD. But maybe there's a specific rule for this I don't know about.

By the way, you need I-864.

The medical goes with I-485, yes, as per I-485 instructions. Specifically, they are I-693 and I-693 vaccination supplement. If they ask for more evidence and you respond quickly, your case should usually be minimally delayed. Please do try to include all "initial required evidence" at time of filing because a new USCIS rule now could simply deny your application if the evidence is missing (such as medical exam).
 
I just applied for my wife, as far as evidence (requested in the 130) we just sent the car insurance application, and also a copy of a blank check with both of our names on it. We just recently wed and we don't have that much evidence. Also, we share house with my parents as we are just saving to buy a bigger place. As far as the wedding is concerned we plan to have ONE big party when we wed thru church (that we plan doing it out of the states in our native country), so we don't even have pictures of a wedding.

I have nothing to worry about because my marriage is bona fide, therefore I think that as long as your marriage is real, send any evidence that you currently have.
 
The point here is not whether your marriage is bona fide or not. The point is whethere you can PROVE IT or not... and certainly the Immigration Officer wants to see physical proof of that, more than 1 bill, 1 picture and 1 checking account.
 
I agree, the more evidence you have, the better. By interview date you will sure have lots of evidence, pictures, etc.

I had no idea USCIS would deny a case if the evidence you first send in is unconvincing. A friend of mine sent 0 evidence, they got approve and her green card in the mail within 4 months. (This was last year April 06)
 
The rule that was mentioned is not about denying the petition because of unconvincing evidence. Rather, because of the lack thereof, of the initial evidence required by USCIS.

Example, if you submit I-485 without a copy of your passport, birth certificate, I-94, this petition will return to you as DENIED for lack of Initial Evidence.

They will no longer send you an RFI (Request for Initial Evidence). Saving them time.

I wonder if this happens, will they cash your check though? :eek: probably so, just like Visa applications... once you apply and pay the fee, if it is denied you are not reimbursed :p
 
austriacus said:
It's good that you have a sponsor, but check on the implications of this for the waiver you seek. I wouldn't understand how you can prove, on the one hand, you have such sponsorship, and on the other hand, can't afford the filing fees/need hardship EAD. But maybe there's a specific rule for this I don't know about.

By the way, you need I-864.

The medical goes with I-485, yes, as per I-485 instructions. Specifically, they are I-693 and I-693 vaccination supplement. If they ask for more evidence and you respond quickly, your case should usually be minimally delayed. Please do try to include all "initial required evidence" at time of filing because a new USCIS rule now could simply deny your application if the evidence is missing (such as medical exam).
Click to expand...

I'm following another thread in here I found.
I hope she'd reply though.
http://boards.immigration.com/showthread.php?t=205456

Yes to all of you guys that replied to my thread, Our Marriage is Bona Fide, we have evidence that it's not a fix marriage.
We have been through a lot and so far luck is not really on our side financially, still even if the situation is worse we still have one another, and so we finally got married.



we currently don't have any utility bills because we live in my parents house(matrilocal) and we wanted to neolocal but we don't have any $$ yet to find a place, but I"m hoping that within a few months we'd be able to get on our own feet.

I have sponsor, and following the thread
http://boards.immigration.com/showthread.php?t=205456

it looks like that the sponsor is not responsible for my fee just an affidavit to say that I won't be a burden to the Government.

:)
 
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