Missing evidence?

A

aussie81

Registered Users (C)
I know I'm asking a lot of questions but my husband and I are filing our application on Thursday and I'm getting a little stressed!
If I file my AOS and I-130 without my medical and my husbands tax returns can I send them to USCIS when we get them? It's taking a lot longer than we thought it would to get all our paperwork in order as my husband is in the army and can't get time off easily and I don't have a DL so I'm pretty much relying on him for everything that cant be found on the internet! It's very frustrating :rolleyes: but he is doing everything he can.
 
If your husband is a US citizen and you will file I-485 and I-130 concurrently, then you have to file with your medical and the affidavit of support.
You can slide by without submitting your medical until your appointment, but the affidavit of support is a BIG MUST.
If you rush your filing without it, the following two scenarios might happen with your case:
1) they reject your I-485 application, sent a whole package back requesting to complete and resubmit with all missing papers. Or
2) they sent you REF (request for additional evidence) asking you to submit your medical and affidavit.


P.S. the information you looking for is right there, on the USSIC website. Click here and do some research: http://uscis.gov/graphics/howdoi/spouselive.htm
 
Thanks for your advice.
My husband has completed the affidavit of support and has evidence of his employment stating his employer, type of work and salary but we are still waiting to recieve his tax returns.
We are trying to get it filed on thursday because that's when my visitor status ends and we don't want my status to raise issues with USCIS. We are already going to have to prove a lot because we got married in the US while I was here on the visa waiver program.
So if we can file our forms and send the medical and tax returns later it doesn't bother me, but I want to make sure we can do this.
 
aussie, is not that if bothers you or not to file later, is what USCIS needs. They need that you send all the information medical and affidavit in the package, remember whatever RFE slow down your process. Get your medical done, because they will ask for it. For everything check out at www.uscis.gov
If you have a doubt about something you can call the 800 number (in the menu is the last option I think) to be sure you get all that you need.

Good luck,
 
I guess what I'm trying to figure out is what will affect the outcome of my case the least, being out of status by a couple of days when it's filed or having to send the tax returns and medical paperwork later.
My husband spoke to a lawyer who suggested that my husband should go to USCIS by himself to file our application just in case, because we have an appointment on the last day of my visitor status being valid. I don't understand why, what would they do if I was there?
 
Okay, remember that you will be out of status after your visa expires. By law if you are the immediate relative of a USC they forgive that issue, but since you think that being in the visa waiver program can make a negative point against you then I know that you want to file before your expiration date. What makes your stay legal is if you have a "pending" I-485 or adjustment of status application with USCIS.
You can be out of status and wait until you gather all the information that you need (tax returns and medical) and then file for AOS.
If you send your package without some information can occur what Jane Green explained in points 1 and 2.
If the lawyer told your husband to file at the District Office (with Infopass), what he told you about the information that you still don't have?
Good luck,
 
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