Husband keeps finding excuse not to start filing Greencard

[Caramel Swirl]

December 30 yesterday was my first wedding anniversary and I have been in the US for the past 3 months on visitor visa. My husband seem not to understand that my time is limited. I can't go back home because I gave up everything to be here with him. Now he is not sure he wants to do the filing. What can I do to ensure I am not in this country illegally come March 2013. Can I do the filing myself. I need all the help and advise out there. Thanks


Filing not started
NH

 

[dhlunar]

First, is your husband a US Citizen or currently a US Permanent Resident? The answer to that question determines when you can file certain forms.

You can't apply without your husband's support. You would need your husband to "petition" you by filing I-130 and he would also need to be present at the interview for the Green Card. If he is a US Citizen then you can file the I-485 and all forms that go along with it at the same time as the I-130. However, if he is a permanent resident then you would be required to wait till your priority date (date I-130 was filed) to become current for an immigrant visa which could take a couple of years.

 

[Jackolantern]

Now he is not sure he wants to do the filing.

Because he wants to end the marriage, or because he wants to leave the US with you?

Can I do the filing myself.

You can file the I-485, I-765, I-131, and I-693 without his direct input, but other accompanying papers such as I-130 (which has to be filed with or before the others) and I-864 have to be filed by him. There is also the G-325A -- one copy of it filed by you, one by him.

However, everything can be filled out by you and/or a lawyer, and then you give them to him to sign. You might have to take that approach. He could be procrastinating because he's confused by all the paperwork, but if you fill out everything and hand him the particular papers that need to be signed by him, he may be willing to sign.

But as dhlunar just mentioned, if he's not a US citizen, that reduces what can be filed at this time, and you'll have to leave the US by March 13 and wait abroad during the processing unless he becomes a US citizen before then.

 

[ananga73]

The key question is what is the true reason WHY he does not want to file it? It is probably one of a few things, he has no confidence in the viability of the marriage, he is confused by all the paperwork, he does not have the funds, he is a slacker, does not realize how dire the consequences of not filing can be, etc.

Except for the first reason, all the other reasons can be addressed if you take the proactive step of filling out the forms etc and only asking him for his signature.

If it is the first reason which I hope it is not, you need to have a marriage counselor on speed dial pronto. I can offer my services pro bono.

Which is it?

December 30 yesterday was my first wedding anniversary and I have been in the US for the past 3 months on visitor visa. My husband seem not to understand that my time is limited. I can't go back home because I gave up everything to be here with him. Now he is not sure he wants to do the filing. What can I do to ensure I am not in this country illegally come March 2013. Can I do the filing myself. I need all the help and advise out there. Thanks


Filing not started
NH

 

[Caramel Swirl]

He is a US citizen and we finally spoke about the delays, one of the thing is money, so I will have to come up with the funds as I believe it's my butt plus a good investment in myself. I will certainly fill out the forms, I currently have I-130, I-485, G-325A, I-864, I-765, I-693 anything else? What do I need the I-131 for. He's trying to do his taxes because he says he has not submitted any since 2010. When do you suggest I do a medical and how long before it expires.

Also another worry for me is evidence/supporting documents apart from marriage certificate. Well earlier in the relationship we were communicating via phone and there were no photos as we didnot forsee we would have gotten this far. Certainly we have wedding pics...what else would we use as compelling evidence? Thanks you all.

 

[Jackolantern]

I-131 for Advance Parole, which would allow you to travel abroad and reenter the US while the adjustment of status process is pending. If you leave the US before green card approval and without an approved Advance Parole, your I-485 will be denied and you may be unable to reenter the US.

When do you suggest I do a medical and how long before it expires.

Right now. It remains valid for 12 months, and it doesn't expire once you file it with the I-485 within those 12 months.

Well earlier in the relationship we were communicating via phone and there were no photos as we didnot forsee we would have gotten this far. Certainly we have wedding pics...what else would we use as compelling evidence?

Establish a joint bank account if you haven't done that already. Have him add you to his life and/or health insurance policy. Get a cellphone in your name and have the bills going to the address where both of you live.

Some of those things may be difficult because you probably don't have an SSN yet. However, once you file the paperwork you'll have an SSN in 2-3 months, and you can then use that to get a driver's license, establish accounts etc. while waiting for the interview, then bring the accumulated evidence to the interview.

 

[Caramel Swirl]

Thanks all for your help so far, please be patient with me as I may ask loads of questions, while searching USCIS. I'm trying now to get my immunization record, so that it may lower the shots I may have to get.

Not able to open or get added to anything right now as they are all requesting SSN

Would the wedding photos and marriage cert. be enough for now to include in the package and then accumulate others in time for the interview?

 

[ananga73]

Yes although I belong to the school of thought that says hit them hard with overwhelming evidence in your initial submission so that if you get an officer who reviewed your file before the interview, the interview will be a breeze. At least that was the case in my situation.

Cheers.

Would the wedding photos and marriage cert. be enough for now to include in the package and then accumulate others in time for the interview?

 

[dhlunar]

Thanks all for your help so far, please be patient with me as I may ask loads of questions, while searching USCIS. I'm trying now to get my immunization record, so that it may lower the shots I may have to get.

Not able to open or get added to anything right now as they are all requesting SSN

Would the wedding photos and marriage cert. be enough for now to include in the package and then accumulate others in time for the interview?

I agree with ananga73 regarding overwhelming them with the evidence. However, if all that you have at this time is the initial evidence then that is the minimum that you need to send in. In reality your file will be reviewed at the National Benefits Center by an officer to see if the initial evidence and all required forms are in the file before they can approve it and send it off to your local field office for interview scheduling. If something missing from the initial evidence then a RFE (Request for Evidence) will be sent to you and you will have to answer it before your application could move forward.

 

[Caramel Swirl]

Thanks guys...we will see what we can do to overwhelm them

I'm almost done with my medical, hopefully I will get a sealed envelope today.

On my marriage certificate I opted to change to my husbands name. Would it be ok to file my documents using an hyphenated name maiden-married? Or should I use my maiden name, since all my passport, visa etc are in that name. I'm not sure if I'm allowed to hyphenate my names whenever I wish to do so. Someone told me to use my maiden name, as when USCIS etc are doing background checks they would not find anything under my married name. What do you guys know/think? I know on one of the forms it says other name used, but somehow the name to be used through the process, as a woman, is still a grey area in my mind.

 

[Jackolantern]

Thanks guys...we will see what we can do to overwhelm them

I'm almost done with my medical, hopefully I will get a sealed envelope today.

On my marriage certificate I opted to change to my husbands name. Would it be ok to file my documents using an hyphenated name maiden-married? Or should I use my maiden name, since all my passport, visa etc are in that name. I'm not sure if I'm allowed to hyphenate my names whenever I wish to do so. Someone told me to use my maiden name, as when USCIS etc are doing background checks they would not find anything under my married name. What do you guys know/think? I know on one of the forms it says other name used, but somehow the name to be used through the process, as a woman, is still a grey area in my mind.

You can use the hyphenated name or your husband's last name alone, but you'll have to make sure you're consistent with using whatever you choose from this point forward (except where they specifically ask for maiden name). However, if the marriage certificate explicitly states that you're changing to a particular name, use what the marriage certificate specified, hyphenated or not.

There is a question on one or more of the forms that asks for your maiden name or other names used. So both your new name and maiden name will be in the paperwork somewhere, and they'll run background checks against both.