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AOS for an H-4 as dependent
Hi all,
I have been an active reader/comment maker of this forum for a while but reading multiple questions from many of you have made me nervous and concerned about the following question, which I have never thought about:
I am adjusting my status from H1B based on an approved EB2-NIW. So, this is an employment-based AOS. My wife is a dependent beneficiary whom I have adjusted hers under the same approved EB2-NIW of mine and she is on a H-4 visa. We married about 3 years ago in our home country and I have submitted our certified translation of the marriage certificate when filing her I-485. We are still waiting to hear about her I-485, I-765, and I-131 (RD of Feb 08). No news rather than notice of receiving the filing so far. Since I do not have my AOS approved yet, I did not need to file an I-130. My question is that since my wife is on H-4 already and on her visa my name has been mentioned (acknowledgment of our marriage and relationship), have been us supposed to provide them with other proofs such as joint account, photos, medical insurance, whole-sale club mutual card, ...? My understanding was that since she is on an H-4 through my employment, our marriage is already crystal clear and we do not need to send this type of things.
Also, as I said we have been married from when we were outside the country and our marriage has not been in a US court. It is formal and documented (official and certified translated submitted to the USCIS when filing her I-485) but no documents from a US court. Is that OK or we have to register our marriage in a US court, too?
Many thanks for helping me with this! I am super concerned now and have lost my concentration now that I am at work :(
I have been an active reader/comment maker of this forum for a while but reading multiple questions from many of you have made me nervous and concerned about the following question, which I have never thought about:
I am adjusting my status from H1B based on an approved EB2-NIW. So, this is an employment-based AOS. My wife is a dependent beneficiary whom I have adjusted hers under the same approved EB2-NIW of mine and she is on a H-4 visa. We married about 3 years ago in our home country and I have submitted our certified translation of the marriage certificate when filing her I-485. We are still waiting to hear about her I-485, I-765, and I-131 (RD of Feb 08). No news rather than notice of receiving the filing so far. Since I do not have my AOS approved yet, I did not need to file an I-130. My question is that since my wife is on H-4 already and on her visa my name has been mentioned (acknowledgment of our marriage and relationship), have been us supposed to provide them with other proofs such as joint account, photos, medical insurance, whole-sale club mutual card, ...? My understanding was that since she is on an H-4 through my employment, our marriage is already crystal clear and we do not need to send this type of things.
Also, as I said we have been married from when we were outside the country and our marriage has not been in a US court. It is formal and documented (official and certified translated submitted to the USCIS when filing her I-485) but no documents from a US court. Is that OK or we have to register our marriage in a US court, too?
Many thanks for helping me with this! I am super concerned now and have lost my concentration now that I am at work :(
All Replies (2)
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