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Immigration Forum / USA Marriage Base / May 2006Newlyweds
Hello everyone! I have been redeang posts in this group and found them very informtive since I am not an American citizen. I do, however, hope to go throught the process sucessfully and obtain citizenship sometime in the near future. My husband and I recenty married (yey!) and have not filed any paperwork yet. Honestly, we do not have the money right now to spend on all the necessary fees. Also, I am already anxious about the AOS interview. My question is this - is it ok if we wait a little before we file our papers? There are a coupd of issues I need to make sure I ahve addressed before we file. 1) I think we need an affidavid of support. We are both in school - my parents are supporting me somewhat and I have the rest on credit cards for now and my husband is doing the student loan deal and is not working. So, we are tight on money. 2) We do not have much paperwork to show that we have lived together - We need to start saving things fro a while and have those for the AOS interview. We have a joint checking accouint but we have decided to keep our finances separatelu because I have debt on my credit cards and he has his student loans, so until we start working and pay the school off - we've decided to have that separate. What sgould we collect for the interview besides pictures of us with friends and stuff 3)Also, I have a ticket to go home for a couple of weekes this summer - is it ok? If we do not file and my F1 visa is still good, can I go? My visa is valid until Dec 2007 and I still havea year to go in school. Your help will be much appreciated, Thank you > Hello everyone! I have been redeang posts in this group and found them > very informtive since I am not an American citizen. I do, however, [quoted text clipped - 33 lines] > > Thank you Yes, you can file anytime after you are married. Is your husband a USC? He will need to fill in the I-864, and you are right, if he doesn't qualify financially, you'll need a joint sponsor. Someone who is a UCS or PR, living in the USA. You have plenty of time to collect your evidence. Depending on where you live, the AOS interview can come anywhere between a few months to a year or more after you file. You don't have to comingle your finances, many people don't. Maybe open one joint banking account. Other items can be joint utility bills, car insurance, health insurance, memberships to clubs or gyms, mail address to both of you at your address, even junk mail, joint name on apartment lease, etc. As far as I know, if you're student status is still valid, and you are allowed to travel on that, I don't see any problem here. Best Wishes, Rene > Yes, you can file anytime after you are married. Is your husband a > USC? He will need to fill in the I-864, and you are right, if he [quoted text clipped - 14 lines] > Best Wishes, > Rene I just thought I'd point out that it seems you are anxious for US citizenship "in the near future". Be aware that the process is a bit lengthy...and by delaying filing for AOS, you are delaying the date you can apply for citizenship as well. First you must file AOS, obtain your green card (which as I said could take up to a year or more), then you can apply for citizenship 3 years after you receive your green card, if you are still married to the same USC husband. Then it could take up to a year until you get an oath ceremony. Rough example: you apply for AOS in 2006, become a PR in 2007, apply for citizenship in 2010, and get your oath ceremony in 2011. Not exactly in the "near future". :) Rene > Hello everyone! I have been redeang posts in this group and found them > very informtive since I am not an American citizen. I do, however, [quoted text clipped - 33 lines] > > Thank you I would check this out with an attorney before leaving the US. You are probably fine to file for AOS at this point, but if you left the US without filing, you would be re-entering on a non-immigrant visa even though you are now married to a USC and might be considered an intending immigrant. I would just check that out before you left the country, in case it impacts your ability to return or your ability to adjust status later on. > I would check this out with an attorney before leaving the US. You > are probably fine to file for AOS at this point, but if you left the [quoted text clipped - 3 lines] > country, in case it impacts your ability to return or your ability to > adjust status later on. But if she files before travelling, she would have to apply for Advance Parole, which currently seems to take at least 3 months to get - sometimes even longer... Plus it's another fee (not sure how much - check the USCIS site for current fees). > But if she files before travelling, she would have to apply for > Advance Parole, which currently seems to take at least 3 months to get > - sometimes even longer... Plus it's another fee (not sure how much - > check the USCIS site for current fees). The answer might be that she should not leave the US until she has filed for AOS and has AP in hand. Something for her to check out IMO, before exiting the US for any reason. > I would check this out with an attorney before leaving the US. You > are probably fine to file for AOS at this point, but if you left the [quoted text clipped - 3 lines] > country, in case it impacts your ability to return or your ability to > adjust status later on. "Might"? There is a presumption in the law that comes into play here. On top of the presumption, add the US spouse and the fact she's here now and wants to file for AOS into the equation. well, I hae an year open ticket becasue you cannot purchase a one way ticket to the US if you are not a green card holder or a us citizen. therefore, I have always had a 1 year open ticket. I do not have the time nor the money to file now and wait for the AP documents - I hope this is ok that I am going home. I dont think I can consulta lawyer at this point - I think it will cost ven to ask a simple question. If anyone has a similar experience please let me know if it is safe to go. > well, I hae an year open ticket becasue you cannot purchase a > one way [quoted text clipped - 10 lines] > anyone has a similar experience please let me know if it is > safe to go. I hope so, too, for your sake! If I were you, I would definitely research it and find out for sure! Ask your foreign student advisor at school, ask a free immigration service like Catholic Charities, take out a loan or borrow $100 and pay an attorney a 1-time consultation....you would hate to be separated from your husband because you didn't know whether it was safe to travel or not. Rene > well, I hae an year open ticket becasue you cannot purchase a > one way [quoted text clipped - 10 lines] > anyone has a similar experience please let me know if it is > safe to go. If you do not consult an attorney, I would err on the side of not leaving the US again until you have filed for AOS and have your AP in your hands. > well, I hae an year open ticket becasue you cannot purchase a > one way [quoted text clipped - 10 lines] > anyone has a similar experience please let me know if it is > safe to go. There is absolutely no problem whatsoever with you going home... after all, you're not a prisoner here. However, you may not be allowed back into the US. It's entirely your choice, so good luck to you. Ian > well, I hae an year open ticket becasue you cannot purchase a > one way [quoted text clipped - 10 lines] > anyone has a similar experience please let me know if it is > safe to go. Just because you assume the "question" is simple, don't assume the "answer" will be. Good luck. > well, I hae an year open ticket becasue you cannot purchase a > one way [quoted text clipped - 10 lines] > anyone has a similar experience please let me know if it is > safe to go. Hi: From you intial description, your situation is NOT "simple." I have often seen clients ask what they consider a "simple question" and it is what I call "deceptively simple" -- one that simply inspires more questions and then the answers will be complicated. There ARE sources of competent immigration advice out there that is either free or extremely low cost. We've listed some of them. I recommend you look into it. Your unused ticket may be incredibly expensive if you use it.  SignatureCertified Specialist Immigration & Nat. Law Cal. Bar Board of Legal Specialization > Hi: > [quoted text clipped - 8 lines] > > Your unused ticket may be incredibly expensive if you use it. And often "non-clients" will call or write seeking a "quick" answer to what they consider to be a simple question. What I assume they sometimes fail to realize is that anybody willing to give an answer will first have to spend a bit of time getting the background story and situation and look for factors that might influence the analysis (that might not be apparent to the caller) "before" giving an answer (a common flaw I see in some who give answers on news groups). If its an attorney (giving the answer), couple that with the potential liability when giving answers (whether or not the attorney is paid to do so), the danger of letting someone pressure the attorney into giving a "quick" answer (without asking the proper questions first), and the requirement that one keep records of this interaction with the consultation "client". The time required, the liability exposure and record keeping requirements might be why some attorneys actually charge a fee to perform this service. well, I hae an year open ticket becasue you cannot purchase a one way ticket to the US if you are not a green card holder or a us citizen. therefore, I have always had a 1 year open ticket. I do not have the time nor the money to file now and wait for the AP documents - I hope this is ok that I am going home. I dont think I can consulta lawyer at this point - I think it will cost ven to ask a simple question. If anyone has a similar experience please let me know if it is safe to go. > "Might"? > > There is a presumption in the law that comes into play here. > > On top of the presumption, add the US spouse and the fact she's here > now and wants to file for AOS into the equation. OK, fine. "Will" until proven otherwise :) > Hello everyone! I have been redeang posts in this group and found them > very informtive since I am not an American citizen. I do, however, [quoted text clipped - 33 lines] > > Thank you Hi: Contact your foreign student advisor on campus and see if she has a referral for you to a low-cost immigration attorney, or perhaps "Travelers Aid", Catholic Charities, or some other no cost/low cost immigration advisors. Do note that the FSA will most likely NOT be able to advise you directly -- but they tend to know the sources. Your case DOES present "issues" but whether they are solvable or not depends upon a lot of facts. SignatureCertified Specialist Immigration & Nat. Law Cal. Bar Board of Legal Specialization |
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