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question about when to file I-130

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Old Jun 18th 2008, 12:22 pm
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Question question about when to file I-130

hi there

first time poster here!

My boyfriend (the USC) and I (here on F1; just started 12 months of OPT) are planning on getting married this year, the only question is when. We both work in theatre, and it's so rare that we're both between contracts at the same time, which is the current situation. So we'd like to get married in the next month or so before our next contracts start (neither of us want a big wedding so it shouldn't be too hard to plan), but the only problem is we're currently subletting.

I'd like to wait to file until we move apartments and are no longer subletting, so that we have a lease with both our names on it for our paperwork. But that might not be until around November. I realize that we could wait to get married in/after November but by then one of us might be on tour, or about to open a show, etc. etc. (the joys of relationships in theatre!) so the timing might be off.

So, my question: If we got married now (June/July) but didn't file until November, would that cause any problems and/or concerns?

Like I said, I am on OPT (Optional Practical Training) so I already have my Employment Authorization card and it's valid until June 2009.

Any advice would be great! thanks

Last edited by columbiagrads; Jun 18th 2008 at 12:56 pm. Reason: typo
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Old Jun 18th 2008, 2:09 pm
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Default Re: question about when to file I-130

It's OK to get married now and file your AOS paperwork later, as long as you have a legal way of staying in the USA until then.

Rene
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Old Jun 18th 2008, 2:14 pm
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Default Re: question about when to file I-130

Originally Posted by Noorah101
It's OK to get married now and file your AOS paperwork later, as long as you have a legal way of staying in the USA until then.

Rene
Thank you Rene! That's what we thought.

From reading other posts (we've been lurking ) it seems that it's unusual to not have to file straight away, so we thought we'd check.

Thanks again! And thanks to everyone for all the wealth of knowledge on here!
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Old Jun 18th 2008, 3:00 pm
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Default Re: question about when to file I-130

Originally Posted by columbiagrads
hi there

first time poster here!

My boyfriend (the USC) and I (here on F1; just started 12 months of OPT) are planning on getting married this year, the only question is when. We both work in theatre, and it's so rare that we're both between contracts at the same time, which is the current situation. So we'd like to get married in the next month or so before our next contracts start (neither of us want a big wedding so it shouldn't be too hard to plan), but the only problem is we're currently subletting.

I'd like to wait to file until we move apartments and are no longer subletting, so that we have a lease with both our names on it for our paperwork. But that might not be until around November. I realize that we could wait to get married in/after November but by then one of us might be on tour, or about to open a show, etc. etc. (the joys of relationships in theatre!) so the timing might be off.

So, my question: If we got married now (June/July) but didn't file until November, would that cause any problems and/or concerns?

Like I said, I am on OPT (Optional Practical Training) so I already have my Employment Authorization card and it's valid until June 2009.

Any advice would be great! thanks
Hi:

Can you get a permanent MAILING address somewhere. Also, you don't the joint lease at time of filing. BTW, you can file the I-130/485/765/131 as soon as you can.

As for the address -- when you move -- put in the forwarding order with the Post Office AND do an on-line AR-11 noting the pending applications. Between those two, you should be getting notices.

I really see no reason to delay.
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Old Jun 18th 2008, 3:58 pm
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Default Re: question about when to file I-130

Originally Posted by Folinskyinla
Hi:

Can you get a permanent MAILING address somewhere. Also, you don't the joint lease at time of filing. BTW, you can file the I-130/485/765/131 as soon as you can.

As for the address -- when you move -- put in the forwarding order with the Post Office AND do an on-line AR-11 noting the pending applications. Between those two, you should be getting notices.

I really see no reason to delay.
We already have a PO Box.... but we thought we needed the joint lease when we file?

We thought of updating the address after we file (the AR-11 I assume? we're still getting our heads around all the forms! ) but we thought it would be better to send everything as one, complete package.; Just in case things go missing, aren't added correctly, etc. Or is that something that we don't need to be concerned about?

thanks
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Old Jun 19th 2008, 1:41 am
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Default Re: question about when to file I-130

Originally Posted by columbiagrads
... but we thought we needed the joint lease when we file?
There is no such requirement.

Ian
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Old Jun 19th 2008, 1:53 am
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Default Re: question about when to file I-130

Originally Posted by ian-mstm
There is no such requirement.

Ian
oh now I'm confused!

We were going to use this as our guide: http://www.visajourney.com/forums/in...age=i130guide2

and it says to have a lease showing joint tenancy (or at least that's one of the options). So now I have two more questions: when it lists on the above website: "Any other relevant documentation to establish that there is an ongoing marital union" if it's not the lease, what can we use? and 2.) is that above website accurate and a good guide to use??! lol

thank you all!!!
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Old Jun 19th 2008, 3:10 am
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Default Re: question about when to file I-130

Originally Posted by columbiagrads
oh now I'm confused!
You've assumed as mandatory something that is only suggested. There are many ways to demonstrate a commingling of funds - which, after all, is what it's all about: insurance policies with both names, or life insurance with each other as beneficiary; junk mail addressed to either of you arriving to the same address; driver's license with a common address; bank accounts; credit cards; etc... there are lots of way to show that funds are commingled.

Ian
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