Just some general advice needed.

[havenoidea]

Hi all,

I'm very new to all this immigration stuff (as the title suggests lol), and I’ve been trying to read as much over the last 3 days concerning GCs and marriage. But I’m just feeling very lost, even after thoroughly reading the FAQ section and other posts as well as the USCIS website. So I’m terribly sorry if these questions are extremely redundant. Anyway here's my story:
I'm 23, Dutch, and have been in the US since August 2000, I met my fiancé '04. Anyway, fast forward 2 yrs, graduated in Dec 2005. Got my OPT/EAD immediately (2 days after grad). However, till now I haven't been able real work. Jobs that are attractive to me won't sponsor because they’re mostly IC positions, and those that will sponsor are not worth me staying. So about a month ago, I decided I wanted to go back to Europe where I can work freely, and I know people within my industry very well. But now my fiancé who’s still finishing her MBA doesn't want to transfer schools (she will if she absolutely must) so she wants to get married so that I can stay and work freely here, and we can stay together.
Problem is that we are pretty young, and don't have any assets. I'm sure that I can get a good enough job to meet any financial requirements to get a GC. My fiancé makes about 28K/yr working part-time, but I essentially have no work history here in the US. I’ve pretty much just worked as an IC for a company back home. But we don't have bills or anything under both of our names, with the exception of our lease.

So my question are:
Given my situation are there any obvious problems all you experienced folks can see?
Is it absolutely necessary to hire an immigration lawyer in this situation?
What is the general timeline like trying to get a GC through marriage? (i'm in san diego, ca)
What if any steps should I take to make this process go smoothly, e.g. joint accounts, insurance etc.?
Will there be any doubt as to the sincerity of our marriage? (Obviously this isn’t the way I wanted to marry her, so rushed an all, but we don’t really see any other option. Love is definitely not the issue, but rather the timing in our lives.)
Any links to specific posts / websites I should look at?



Thank for all the advice,

Mike.


p.s. I will pass on whatever knowledge you guys give me in the future.

 

[a_usc]

You shouldn't have named your id like that [havenoidea] 'cuz very soon you are gonna have some idea and then you'd need to change it Just kidding. Its alright to feel confused and lost - many people do at the begining of the process. At least that's how it was with me and my spouse when we started it all (not much long back).

Before I answer your questions - I am presuming that your fiancé is a US Citizen. The process itself and the timeline is very different if she is just an LPR (GC Holder).

1. I don't see any obvious problems but USCIS has been known for throwing surprises at the applicants (as I've learned from my experience on this forum). You said that you are 23... it will be good if your fiance is 21 yrs of age. Not a requirement - but couples too young can raise a red flag.

2. It is not necessary to hire an immigration lawyer - a lot of people on this forum have gone without a lawyer. The paper work is not so difficult and there's a lot of help available at this forum... but if you can afford one and it will increase your comfort level - then you might as well get a lawyer. Its your call.

3. Provided your spouse-to-be is a USC, and you don't end up getting stuck in the infamous FBI Namecheck, it could take you around 6-8 months to get the GC. Check out this thread to see the timelines of peoples in San Diego DO.

4. You should plan about having as much evidence as you can to prove that your marriage is bonafide - this includes joint bank accounts, property, joint insurance, car title, etc. A lot of people also keep evidence of relationship (dating period) before marriage... then ofcourse your wedding pics... pics of you both with each other's families etc. There's a whole lot of stuff that you can collect over a period of time, but you are gonna need it only at the time of the interview - which is the last step of getting your GC (assuming that your FBI Namecheck is cleared by the time of your interview). Don't worry, you'd have a lot of time to collect all this and also to read about what all you may take as joint evidence.

5. Uhmmm I am not quite sure why you'd ask that (doubt about the sincerity of your marriage). As I said, if either of the bride or groom is too young or if there is a big age difference between the two or if they are related prior to marriage (some cultures allow marriage between second cousin, etc) - that could cause suspicion or more.

6. Read the link that I gave you in [3]... it has links to lot of other useful posts... also, if you have any specific question - you can use the search feature... and if you still don't find the ans you're looking for, you may post your question in a new thread.

Good luck.

 

[havenoidea]

Before I answer your questions - I am presuming that your fiancé is a US Citizen. The process itself and the timeline is very different if she is just an LPR (GC Holder).

Provided your spouse-to-be is a USC, and you don't end up getting stuck in the infamous FBI Namecheck, it could take you around 6-8 months to get the GC. Check out this thread to see the timelines of peoples in San Diego DO.

Uhmmm I am not quite sure why you'd ask that (doubt about the sincerity of your marriage). As I said, if either of the bride or groom is too young or if there is a big age difference between the two or if they are related prior to marriage (some cultures allow marriage between second cousin, etc) - that could cause suspicion or more.
Good luck.

First of all, thanks for all the info. I'm starting to grasp the procedures a little better after your post and much more reading. I obviously forgot to mention that my fiance is indeed a USC. And the reason I asked about sincerity issues is because I figured going from OPT F1 to GC might look a little suspicious to the USCIS? But from your response I gather they aren't too suspicious.

As for FBI name check, from what I've read I'm not too concerned about it. I'm a Dutch Diplomatic Passport holder through my father (although it is expired and I will have new one by the time GC processing starts), have no criminal record, one traffic violation (seatbelt) and some parking tickets all of which have been paid. So I doubt I should be worried.

A CIA check might bring up my name as I spent some time in Pakistan and Afghanistan working for a consultancy but I assume that wouldn't hurt too much especially since we were assisting US troops.


I do have one more question : It is an issue if a "real" wedding ceremony doesn't take place. Rather we are planning for a court house wedding, and to do an official ceremony in a year or so when we are ready.

 

[cherr1980]

To have a "black tie" wedding is not an issue neither a must, many people proceed to marry in a court since sometimes the wedding will be plan months after in another place or you don't have enough money or who cares. So don't worry about it.

You must put in one of the forms where you have been and what you was doing so (I think in your biographical data G-325a if I remembered) you will have time to include all that info.

I don't see any problem in your data, the only thing that you must check out if her income even can looks low right now is enough for the Affidavit of Support, form I-864, check out the poverty lines. If she don't meet it, then you guys will need a joint-sponsor or put assets. The form I-864 is a must.

It is understandable that you don't have things in both names, you need it for your interview not to file the papers.

I wouldn't worry about name checks since does not matter who you are, where you have been or what type of passport you carry is not really only about you is about other people that could used your name and you don't know or have your name as well and you would never know, but specially in many other factors that nobody don't know. There were people here that thought they were going to get stuck because their name were common and nothing happened, they were clear out, others that their name was not common, did get stuck and others without nothing, has nothing to do with traffic tickets, got stuck. So is a blind roulette.

Check out the thread of "AOS Interview Experience" first page. At USCIS website you can download the forms and read them all and you will see all the supportive documents that you need to start the filing.

Remember, that if you pretend to leave the country even for a short trip and you already file your AOS, check out if your type of visa is valid (I think you are a student?) is authorize to travel while on AOS. Most of the visas are not valid (Except if they are dual intent like H1B) and then you must have an Advance Parole before travel to be able to re-enter to the US. You can check out the instructions on the form I-131.

And you will need time to make your medical examination as well. Form I-693.

Your interview timeline will depends on your DO (district office).

Good luck,

 

[havenoidea]

Thanks for the additional info Cherr,

As far as the Affidavit of Support is concerned, while it look like my fiance is well above the 125% poverty line, does my income from overseas come into play at all. Because all this time i've been working as a IC for a consultancy in the Netherlands but my taxes are claimed there, thus there is no official record here in the US. Should this be mentioned in any paperwork or not?

 

[a_usc]

Your spouse will need to file I-864 when you apply for AOS (by filing I-485). If her income qualifies the min income requirement by USCIS (ie 125% of the poverty line), you won't need to show your income.

 

[havenoidea]

I was just reading the thread by mroels concerning the Affidavit of Support. My fiance only started her job after tax season before which she didn't work as she was a dependent of her parents and myself(although not me legally). As with mroels' case my fiance is selfemployed and makes about $2000/month and won't be filing her expected earning until June 15th. Support from her family is out of the question as she doesn't have good relationship with her parents. She has no assets other than a car worth about $14000 (completely paid for).

I guess my question is that as soon if I file a I-864a do both our incomes have to meet the poverty guidelines as set forth by USCIS or is there a different standard? Can the I-864 be updated e.g. if I file for AOS and then get a job shortly after that? What if by the interview we will be able to prove meeting poverty guidelines, or will they simply refuse an interview based on failure to meet the poverty standards? If so, will showing current pay-stubs do rather than W2s.


As far as a joint sponsor is concerned can this be anyone? (I'm assuming its only USCs) Because I have plenty of good friends who'd fill out an Affidavit of Support for me.