I-485 filing right after marriage - F1 overstay

D

dexter2005

Registered Users (C)
All,

I'm getting married to a USC girl soon. We've met not too long ago (about 3 months) through mutual friends. I have a college degree in Comp. Sci., but no real-world job experience. I have been working in a restaurant as a server for quite a few years. My wife-to-be is working at the local Walmart store for several years and works part-time at a restaurant also. Her income does meet the I-864 minimum requirements, but needless to say we are both not rich. From all the posts I have read, it seems most of you have one spouse that a good income. Since I'm an F1 overstay, I'd like to apply for I-485 right away and get my EAD since I'd like to try to find a professional job to better our lives.

My question is will it raise a flag that we are getting married so quickly and filing I-485 right away? We consulted with a lawyer about our situation and she told us that it should be ok.

Furthermore, what I'm afraid of is that we do not have many pictures to present as evidence because we haven't really done anything big. Since we work so much, we hardly get to do anything interesting other than playing slot machines at the casino every now and then or going out to eat once a week. We usually do getogether at our mutual friend's house for BBQ/drink and that's it. So how am I going to produce an album full of pictures - I mean who takes pictures when u go out to the restaurant to eat unless you are there with bunch of friends to celebrate some occasion or for that matter go to the mall? We'd like to go on vacation, but money is tight and can't afford to take one .. we both have one full day off and that's it. Even for marriage, I just want to go to the court and get married - no big wedding at all. As it is, the fees for filing is going to be almost $2k and then the lawyer says her fees to represent us is going to be $2k.

So should I start taking pictures just to produce it as evidence? Wouldn't it seem obvious that we are trying too hard? We do live together but we rent a basement of a house from a couple. So there you go - no utility bills together. The owners have said that they'll give us a rental agreement with both our names on it. So what is best for us in our situation? What other kinds of evidences can we provide to prove that the marriage is bona fide?

Pls suggest ... getting frustrated just thinking about it .. mad even more about increased filing fees.:(
 
First of all if this marriage to be is bona fide, you should not worry that much...
It will raise a flag to immigration officer that you are marrying after such a short time of knowing each other and that you are an overstay. It will be up to you two to prove that marriage is bona fide. Rental agreement will be good, open a checking account together AND use it, get some affidavits from friends and her family, take pictures at those BBQ's with friends, show that you are authorized users on credit cards. Stuff like that.
Why do you need a lawyer? You are on this forum so you can get all the info on how to fill out the forms. That will save you money. The filing fees are 355.00 for I-130 and 1010.00 for I-485 ( no additional fee is required for I-765 and I-131) + medical exam fee.
How long have you overstayed? If you accumulated more than 180 days of illegal presence, do not file for I-131 because you SHOULD NOT leave the US before you have green card approved.
 
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Ninyte - Thanks.

Marriage is bona fide. No Doubt. The only thing that scares me is how to prove it to the interviewing officer. I do plan on opening a checking account with her. One more thing is that her parents divorced when she was little. She does have limited contact with her dad but not with her mom since she's remarried and moved on. I'm going to add her as an additional driver to my account. As for the car, it is in her dad's name including insurance due to bad credit. She makes a payment to her dad every month. We are going to let it remain that way.

Because I work at restaurant, I usually get tips in cash and use cash whenever I can. Therefore, I don't have much receipts and stuff. My car is paid off. She has a high school degree and some college. She dropped out as she was unable to make ends meet. Both of us - never been married before and no children. Same age 28.

The reason I'm using a lawyer is because of overstay ... I've been overstay for more than 3 years now and I'm afraid of doing it myself. I tried to get a job after graduation and at that time - getting H1-B was tough. So I just started working full time at the restaurant. Do you think I can do this myself without lawyer?
 
Well, you have another 4 to 6 months to prepare evidence of your marriage (by the time you get married and file everything, then till they schedule your interview). Adding her to your car incurance is good.
Cash is good but that does not show the usage of your account. Put cash in the account (that you will open) and make payments from there. Like making payments for your living place and for the car - make them in checks from the account to show to the officer.
Since she has some contact with her dad - try to make him be there for your wedding. Even though it is not necessary, this will look more convincing to the IO that her family knows about and supports the marriage. Or at least try to get a statement from her dad.
About the lawyer - I am an overstay of 7 years and I am doing everything myself. If you need help, I will try to help you as much as I can. If you do not feel confident about going to the interview without a lawyer, ask him/her how much it's gonna cost just for him/her to go to the interview. Usually if the lawyer goes to a lot of interviews they know all the IO's and that makes it more informal if the lawyer is present.
 
One more thing is that her parents divorced when she was little. She does have limited contact with her dad but not with her mom since she's remarried and moved on.
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how is that relevant to your case?
it's not.

you don't need a lawyer.

get everything joint - accounts, AAA, credit cards, insurance, lease, utilities, live together, get to know each other, etc.
 
dexter2005 said:
Ninyte - Thanks.

Marriage is bona fide. No Doubt. The only thing that scares me is how to prove it to the interviewing officer. I do plan on opening a checking account with her. One more thing is that her parents divorced when she was little. She does have limited contact with her dad but not with her mom since she's remarried and moved on. I'm going to add her as an additional driver to my account. As for the car, it is in her dad's name including insurance due to bad credit. She makes a payment to her dad every month. We are going to let it remain that way.

Because I work at restaurant, I usually get tips in cash and use cash whenever I can. Therefore, I don't have much receipts and stuff. My car is paid off. She has a high school degree and some college. She dropped out as she was unable to make ends meet. Both of us - never been married before and no children. Same age 28.

The reason I'm using a lawyer is because of overstay ... I've been overstay for more than 3 years now and I'm afraid of doing it myself. I tried to get a job after graduation and at that time - getting H1-B was tough. So I just started working full time at the restaurant. Do you think I can do this myself without lawyer?
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One thing that really help you is ask the bank to transfer the title of the car name from her dad to yours....It will help your credits if you do that..or else her dad will get it all..
 
Not sure if we can do the title transfer to my name even if he agrees - the loan is in her dad's name. It might be too much hassle. Anyways .. I think I'll just take it a little slow so that I can build up the history as you guys suggest ... if I could only apply for EAD first and then file for adjustment of status later, I could wait for years and may be even make some babies as proof :)

I have few questions
1. When I write down where I worked till now (cash+check), would that cause trouble for my employer?

2. Is having a college degree a plus point for my case?

3. Reading everybody's interview experience, it seems like I have to know the birth date of my in-laws by heart - I mean really how many couples know that? Is there something that the IO is trying to prove by asking you the in-laws birth dates - I mean what is the connection between this and the validity of marriage?
 
1. When I write down where I worked till now (cash+check), would that cause trouble for my employer?
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it might, but chances are small and for your own sake, you cannot lie on your application.

2. Is having a college degree a plus point for my case?
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it really makes no difference.
3. Reading everybody's interview experience, it seems like I have to know the birth date of my in-laws by heart - I mean really how many couples know that?
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I know my mother-in-law's b-date, since we celebrate it every year. I have never seen my husband's father and I only know his name. Not a problem. However, we have been married for over two years at the time of the interview.

Is there something that the IO is trying to prove by asking you the in-laws birth dates - I mean what is the connection between this and the validity of marriage?
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in a way. Knowing your wife's family - or explaining legibly why you don't. It's better to know, though.
 
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