USC Just married

B

babyian

Registered Users (C)
I recently married my alien husband, we've been together for 2yrs and we're expecting a son. He came to the U.S 4 yrs ago on a B1/B2 visa according to his passport. However his passport was damaged by water I-94 got lost in the process. The visa page is visible and in good as well as the stamped paged showing entry into u.s at JFK.

Now here lies my problem, we've been living together for about a year, after looking at the I-130 it shows that we must show provide supporting evidence to prove marriage is bona fide. Proof of financial mingling (we can't have joint accounts since he doesn't have an ssn.)He doesn't have any bills in his name or both our names. Birth certificate of our son wont do he won't be born till april or may. Although we could get a letter from the doctor. The point is I'd like to know what other form of proof could we show. Affidavits sworn by third parties, how would one go about doing this.

Would it be wise to file I-102 with I-130, I-102 on its own followed by I-130,I-485,I-485A,I-864,I-864A or just do all together, with copies of I-102 sent wit I-130 and I-485.
 
babyian said:
I recently married my alien husband, we've been together for 2yrs and we're expecting a son. He came to the U.S 4 yrs ago on a B1/B2 visa according to his passport. However his passport was damaged by water I-94 got lost in the process. The visa page is visible and in good as well as the stamped paged showing entry into u.s at JFK.

Now here lies my problem, we've been living together for about a year, after looking at the I-130 it shows that we must show provide supporting evidence to prove marriage is bona fide. Proof of financial mingling (we can't have joint accounts since he doesn't have an ssn.)He doesn't have any bills in his name or both our names. Birth certificate of our son wont do he won't be born till april or may. Although we could get a letter from the doctor. The point is I'd like to know what other form of proof could we show. Affidavits sworn by third parties, how would one go about doing this.

Would it be wise to file I-102 with I-130, I-102 on its own followed by I-130,I-485,I-485A,I-864,I-864A or just do all together, with copies of I-102 sent wit I-130 and I-485.
Click to expand...

What country did he come from and/or what country is he a citizen of? Because he's overstayed his visitor visa for more tyhan a year if he leaves he's subject to a ten year ban!!! under no circumstances must he leave the country if you want this to go without issue.

If the passport is damaged so badly that it's unreadable/unacceptable you guys have to figure out how to get a new one. I don't have experience in that area, so I can't recommend how to go about that - but maybe somebody else on this forum can... same goes for the I-94. My wife is from Canada and never got one of those for her visit...

I was able to go to a Washington Mutual Bank (WaMu) and add my wife to my bank account (joint account) without her having an SSN. They didn't even hassle us about it in anyway. Put him on some bills. For example, if you rent - put his name on lease. If you get get cable, electric, water, gas, etcc.. type bills - add him to as many as possible... I added my wife to my gym, insurance, lease and bank account... Bring the birth certificate to your immigration interview. Just provide the above - don't try and skirt around it. If you read the instructions on the form I-130, I-485, I-864 it will explicitly list documents to provide. I would *HIGHLY* suggest you go with that list.

I don't know about the I-102 and don't have time right now to look through the doc. But, I don't know why you are trying to make this harder than it has to be. Just follow the instructions on each required form.

If you need help, check out the URL for the book I have listed below in my signature - it will help explain things very clearly. It was written by immigration attorneys and is pretty good. (I am in no way affiliated with the making of that book or any profits from it... i just used it myself). Then, once you read up - post any specific questions you may have here on this forum!!!

Or if you just feel overwhelmed by this whole process, I would recommned you get an attorney. I enlisted/retained the services of one a couple of times just to clear some questions I had. Ususally they'll give an over the phone consultation (1/2 hour or an hour) for a reasonable price. I think I paid $125 for a 1/2 hour. Make sure you thoroughly understand the adjustment of status process though so you aren't lost when s/he starts speaking to you. Post back if you need any more help!
 
I think a letter from a doctor that you're pregnant would be almost as good a proof as birth of a child. Anyway, his interview is probably right around April/May time frame anyway if you send the application now, either your belly will be proof at that point or you can already present your newborn "evidence" at the interview (or at least a birth certificate if you don't want to traumatize the newborn evidence).

For proof of financial co-mingling you could get savings bonds and add him as co-owner (I don't remember if they required SSN for the co-owner but don't think so). You could add him as an authorized user to your credit cards. How about joint car insurance, or beneficiary on life insurance or retirement account?

I would get the I-94 replacement first before you file the rest just to be sure you have an I-94 form him in hand, but maybe others can advise you on that (because since he's overstayed it may also be best to apply for AOS ASAP).
 
Last edited by a moderator:
My wife and I got pregnant after we submitted our AoS - and I think we also brought a Dr's note stating that was the case... This is definitely good to bring. But, you should still provide more...
 
bbqchickenrobot said:
What country did he come from and/or what country is he a citizen of? Because he's overstayed his visitor visa for more tyhan a year if he leaves he's subject to a ten year ban!!! under no circumstances must he leave the country if you want this to go without issue.

If the passport is damaged so badly that it's unreadable/unacceptable you guys have to figure out how to get a new one. I don't have experience in that area, so I can't recommend how to go about that - but maybe somebody else on this forum can... same goes for the I-94. My wife is from Canada and never got one of those for her visit...

I was able to go to a Washington Mutual Bank (WaMu) and add my wife to my bank account (joint account) without her having an SSN. They didn't even hassle us about it in anyway. Put him on some bills. For example, if you rent - put his name on lease. If you get get cable, electric, water, gas, etcc.. type bills - add him to as many as possible... I added my wife to my gym, insurance, lease and bank account... Bring the birth certificate to your immigration interview. Just provide the above - don't try and skirt around it. If you read the instructions on the form I-130, I-485, I-864 it will explicitly list documents to provide. I would *HIGHLY* suggest you go with that list.

I don't know about the I-102 and don't have time right now to look through the doc. But, I don't know why you are trying to make this harder than it has to be. Just follow the instructions on each required form.

If you need help, check out the URL for the book I have listed below in my signature - it will help explain things very clearly. It was written by immigration attorneys and is pretty good. (I am in no way affiliated with the making of that book or any profits from it... i just used it myself). Then, once you read up - post any specific questions you may have here on this forum!!!

Or if you just feel overwhelmed by this whole process, I would recommned you get an attorney. I enlisted/retained the services of one a couple of times just to clear some questions I had. Ususally they'll give an over the phone consultation (1/2 hour or an hour) for a reasonable price. I think I paid $125 for a 1/2 hour. Make sure you thoroughly understand the adjustment of status process though so you aren't lost when s/he starts speaking to you. Post back if you need any more help!
Click to expand...

He doesn't need a passport for the AOS. As long as the IO can see the stamp from the damaged passport he should be ok. I didn't have a passport for my AOS, IO just gave me an I-94 with the I-551 stamp and a picture of me on it( I had two passport photos with me just in case). If I were him I would go down to walgreens or cvs and get two passport photos to bring to AOS interview.
 
We're not there yet, no papers have been sent in. Just stuck because of the I-94 and the supporting evidence. We went to my bank the most they could do was make him beneficiary upon death,I can also get the letter from the doctor. From posts I read on here it says that requesting an I-94(form I-102) might put him up on the radar, another claimed that it should be requested and I-130,I-485 etc should be filed with a copy of the form I-102. So much conflicting information or probable options
 
Change you bank to Washington Mutual. If you REALLY want him on...

Anyhow - if you file your AoS - he is no longer out of status and USCIS overlooks overstays if you are married to a USC. However, he must have been inspected on his way in and you're cool. If you are worried about triggering anything (in regards to the I-94) then you should just go ahead and file the I-130, I-485, I-765 and I-864 now. If they require anymore evidence they will send you and RFE... while the application is processing they (ICE) can't remove him/her.
 
You must log in or register to reply here.
Top