Wait for adjustment of status or leave the country?

[barranquiman]

Hi,
I came to the US under an F1 visa, I met my wife and started a relationship 2 years ago. After 18 months, we decided to move together and 3 months we got married We have 6 months living together but my OPT time is almost done and we are confused about what to do. We filled in the I130 form and don't know what is the best path considering we don't have a lot of evidence. We do have bank statements, life insurance from my work, the health insurance will start in January, we share car insurance, cell phone bill, my driver license has her address. We don't have a lease agreement or mortgage because she already has a house and cars. The utilities are under her name and we think it is not necessary to change them just because I moved there.
Our wedding ceremony was very simple, only two witnesses my best friend and her best friend, but 3 months later we had a big party (I paid for it, have the bills) and invited my father (I paid for air tickets), my friends and her friends. Her son and daughters are not very happy with our marriage because she is older than me, 20 years more, they think I am behind her money...but that's another story.
We are really happy together and we don't want to be away from each other, however considering I'm gonna be out of status in one month, my EAD and driver license expires in January and I don't want to be here as an illegal alien, without driving or working. Additionally, I feel we don't have the evidence most of the people have (I have read most of the threads here) considering I work out of home and when I am at home we don't do anything special, we always go to the karaoke on Thursdays and some Sundays. I do have proof I work traveling from Monday to Thursday.

My question is, in my case what's my best option... Staying in the US or leave and wait for my GC in my country?

[Enub4]

I think many people have less evidence than yours. You mentioned filling I-130 but how about I-485 (and the rest of the forms)?
You won't be in illegal status if you file I-485 complete package.
Anyway, married to USC you can have some illegal time and non-authorized work and still get the GC.

Most people try to find a way to travel to the USA to do AOS. Depending on the country the consular processing is a long and more expensive path.

[manhattanite]

I agree with the above poster. You actually have more evidence than most. Is she a US citizen? If so, I think you should file the I-130 with I-130A, I-485, and I-864 all at the same time. I would also include the I-131 and I-765 as well, but they’re optional (free to file though). The moment the USCIS receives your application, you will be allowed to stay without accruing unlawful presence until a decision is made on your case.

[balo101]

when you file initial package you do not have to send all those documents. Just fill out all the paper work such as i-485, i-130, (i-765 and i-131 if you need), medical report, her birth certificate, your birth certificate stuff like that. once they receive your package and process the case, you have time to collect all the documents before the interview.

[denithedreamers]

when you file initial package you do not have to send all those documents. Just fill out all the paper work such as i-485, i-130, (i-765 and i-131 if you need), medical report, her birth certificate, your birth certificate stuff like that. once they receive your package and process the case, you have time to collect all the documents before the interview.

I disagree with this statement. I think you should file all the evidence that you can get at this point, and bring more evidence during the interview. As other posters said, the evidence that you have now (been together for 2 years, living together for few months, utility bills, etc.) is more than many other legitimate cases out there. Also, it is true that once you file an I-485 you would not be out of status even though your OPT expires.

[balo101]

I disagree with this statement. I think you should file all the evidence that you can get at this point, and bring more evidence during the interview. As other posters said, the evidence that you have now (been together for 2 years, living together for few months, utility bills, etc.) is more than many other legitimate cases out there. Also, it is true that once you file an I-485 you would not be out of status even though your OPT expires.

I do not think it is a good idea to send all the evidence such as (utility, insurance, bank statements etc) initially. You take all the documents when you are called for interview.

[denithedreamers]

I do not think it is a good idea to send all the evidence such as (utility, insurance, bank statements etc) initially. You take all the documents when you are called for interview.

It is part of the evidence of bona fide marriage. I don't see why it wouldn't be a good idea. In fact, USCIS's own website lists them under their checklist.

[balo101]

It is part of the evidence of bona fide marriage. I don't see why it wouldn't be a good idea. In fact, USCIS's own website lists them under their checklist.

This is how i sent mine and my lawyer advise that to me.

[JaydenDad]

No matter what you do.....DO NOT LEAVE THE US. File for AOS and you will be legal as soon as you file

[Hotaru-Grace]

I do not think it is a good idea to send all the evidence such as (utility, insurance, bank statements etc) initially. You take all the documents when you are called for interview.

Evidence is required with the initial application. That is both stated and implied on the instructions for the I485 and I130, I130A. It will do no harm but help to substantiate your request. We sent in a bit of evidence with the initial application and reserved the mega-load proof of bonafide marriage for the actual interview. We have not received any RFE at all throughout the process. We are now at the stage of removing conditions.

[Hotaru-Grace]

Hi,
I came to the US under an F1 visa, I met my wife and started a relationship 2 years ago. After 18 months, we decided to move together and 3 months we got married We have 6 months living together but my OPT time is almost done and we are confused about what to do. We filled in the I130 form and don't know what is the best path considering we don't have a lot of evidence. We do have bank statements, life insurance from my work, the health insurance will start in January, we share car insurance, cell phone bill, my driver license has her address. We don't have a lease agreement or mortgage because she already has a house and cars. The utilities are under her name and we think it is not necessary to change them just because I moved there.
Our wedding ceremony was very simple, only two witnesses my best friend and her best friend, but 3 months later we had a big party (I paid for it, have the bills) and invited my father (I paid for air tickets), my friends and her friends. Her son and daughters are not very happy with our marriage because she is older than me, 20 years more, they think I am behind her money...but that's another story.
We are really happy together and we don't want to be away from each other, however considering I'm gonna be out of status in one month, my EAD and driver license expires in January and I don't want to be here as an illegal alien, without driving or working. Additionally, I feel we don't have the evidence most of the people have (I have read most of the threads here) considering I work out of home and when I am at home we don't do anything special, we always go to the karaoke on Thursdays and some Sundays. I do have proof I work traveling from Monday to Thursday.

My question is, in my case what's my best option... Staying in the US or leave and wait for my GC in my country?

Hello,

I agree with the other posts. DO NOT LEAVE the US. Apply for the AOS I485 before the date of the expiration of the EAD in January the on time submission will keep you in the system in legal stance. Also apply for a renewal of the EAD, it usually arrives weeks or months before your I485 (Green Card) which is determined after and interview. Here are the forms that should accompany your I485 application: I130, I130A, I131, G1145, G325A, I485, I693, I864, I765. Also, please consider and make an effort to submit a few copies of pictures of you both together and the shared bills with both names and shared address with your application.

Best of luck.

[newacct]

Driver's license requirements vary by state. What state are you in? Depending on your state, you may be able to get a version of a driver's license that doesn't need legal presence documents.

[Hotaru-Grace]

This is how i sent mine and my lawyer advise that to me.

Hello,

Lawyers, have a reason for anything and that is more money. If they can chop a simple one-step process into a million, they will. The longer your case is with USCIS, the longer it might be for you to retain lawyers, and the more money they might receive in payment from you in the end. Also, the more documents that they 'handle' which might be sifting and sorting through the evidence of bonafide marriage at a later date is the more reason they have to say they had a lot of paperwork to do hence why they will charge more. Essentially, a lot of lawyers rely on an RFE from USCIS to begin to 'gather evidence' most proactive self-applicants avoid getting an RFE.

[denithedreamers]

Hello,

Lawyers, have a reason for anything and that is more money. If they can chop a simple one-step process into a million, they will. The longer your case is with USCIS, the longer it might be for you to retain lawyers, and the more money they might receive in payment from you in the end. Also, the more documents that they 'handle' which might be sifting and sorting through the evidence of bonafide marriage at a later date is the more reason they have to say they had a lot of paperwork to do hence why they will charge more. Essentially, a lot of lawyers rely on an RFE from USCIS to begin to 'gather evidence' most proactive self-applicants avoid getting an RFE.

That's not how lawyers operate tho. Lawyers are obligated to act in the best interest of their clients. Those who consistently do not will risk of getting disbarred and losing their license to practice.

[barranquiman]

Hi,
thanks to all. I decided to stay here in the US, and will send some evidence as they mention in the instructions. Then I will continue getting more evidence to show at the interview.
Im in RI.
I have another question. My wife has her bank accounts and we agreed before getting married to leave as is, I mean we will not take her properties and money she already has before the wedding. Is that an issue?

Do you recommend us to get a lease, like a new car?