Date of proof

[Kittyfang 6]

I apologize in advance if I've asked this before, but I don't believe I have.

I am wondering how USCIS feels about proof that has just recently been acquired. For example, our tax papers were filed as if my husband was single (his tax guy doesn't know anything about ITINs). Having learned about ITIN just recently, we will be adjusting that. There is also the question of cars/house title. We will be adding my name on those, but because I did not have a picture ID until recently, the date on the titles will be quite close to us sending our AoS. We have bills in both our name and we will open a joint bank account when I receive my EAD (again, something that will be very recent).

Do they take that into account or do they know that, because I did not have a SSN, most of the things on my list were not accessible to me?

[juliava 80]

I don't think that they really care.

Just to give you an example, at the interview I brought the most recent bank statement!

Also, all the affidavits from other people were signed about a couple of weeks before the interview.

[Kittyfang 6]

I don't think that they really care.

Just to give you an example, at the interview I brought the most recent bank statement!

Also, all the affidavits from other people were signed about a couple of weeks before the interview.

That is what I thought. But I wanted to ask to make sure.

You would think that even if it's only recent, my husband wouldn't my name on all his stuff if it wasn't a real marriage.

[juliava 80]

Speaking about proofs of a bona fide marriage-they care only about what kind of proofs you will be able to bring for the interview, it doesn't really matter when did you do all these.

[Kathryn41 3,205]

Speaking about proofs of a bona fide marriage-they care only about what kind of proofs you will be able to bring for the interview, it doesn't really matter when did you do all these.

Actually, that is not true. You do need to submit the requested evidence with the AOS application. USCIS will determine on the basis of the submitted evidence who they will call in for an interview. If you don't provide the requested documentation, yes you will get an interview - or at the very least an RFE which will delay your process. If you look at the timelines here you will see that a good number of individuals are approved for AOS without an interview. I can guarantee that they all submitted the requested proofs of a bona fide marriage with their AOS application so that the adjudicator was able to decide before hand that an interview wasn't necessary.

[TayRivers 4]

You need to read the guides for people filing I-130 and AOS there you will find information on what evidence needs to be sent with the I-130.

Note: Evidence of a Bonifide Marriage

The USCIS now requires that when filing an I-130 for a spouse that you include evidence of a bonifide marriage. They list examples of acceptable evidence as:

1. Documentation showing joint ownership or property; or

2. A lease showing joint tenancy of a common residence; or

3. Documentation showing co-mingling of financial resources; or

4. Birth certificate(s) of child(ren) born to you, the petitioner, and your spouse together; or

5. Affidavits sworn to or affirmed by third parties having personal knowledge of the bona fides of the marital relationship (Each affidavit must contain the full name and address, date and place of birth of the person making the affidavit, his or her relationship to the petitioner or beneficiary, if any, and complete information and details explaining how the person acquired his or her knowledge of your marriage); or

6. Any other relevant documentation to establish that there is an ongoing marital union.

you can read the guides HERE

[Kittyfang 6]

Speaking about proofs of a bona fide marriage-they care only about what kind of proofs you will be able to bring for the interview, it doesn't really matter when did you do all these.

Actually, that is not true. You do need to submit the requested evidence with the AOS application. USCIS will determine on the basis of the submitted evidence who they will call in for an interview. If you don't provide the requested documentation, yes you will get an interview - or at the very least an RFE which will delay your process. If you look at the timelines here you will see that a good number of individuals are approved for AOS without an interview. I can guarantee that they all submitted the requested proofs of a bona fide marriage with their AOS application so that the adjudicator was able to decide before hand that an interview wasn't necessary.

With the overstay, I'm sure we will get an interview. I might be able to send them everything we need. I am ordering a Canadian Passport and I can use that as picture ID, in order to get most of these. I do plan to send as much as I can though. Also, I am debating writing a note along the AoS explaining that I will have more proof at the interview.

You need to read the guides for people filing I-130 and AOS there you will find information on what evidence needs to be sent with the I-130.

Note: Evidence of a Bonifide Marriage

The USCIS now requires that when filing an I-130 for a spouse that you include evidence of a bonifide marriage. They list examples of acceptable evidence as:

1. Documentation showing joint ownership or property; or

2. A lease showing joint tenancy of a common residence; or

3. Documentation showing co-mingling of financial resources; or

4. Birth certificate(s) of child(ren) born to you, the petitioner, and your spouse together; or

5. Affidavits sworn to or affirmed by third parties having personal knowledge of the bona fides of the marital relationship (Each affidavit must contain the full name and address, date and place of birth of the person making the affidavit, his or her relationship to the petitioner or beneficiary, if any, and complete information and details explaining how the person acquired his or her knowledge of your marriage); or

6. Any other relevant documentation to establish that there is an ongoing marital union.

you can read the guides HERE

I will have most of these, but my point is that most of them will have been acquired recently. Before filing for AoS, we didn't really worry about it.

[Kathryn41 3,205]

If they have concerns about how recently the evidence has been acquired, they will let you know. Supply what you can with the application. There is no need to make written reference that you will bring more evidence to the interview - they might send you an RFE to provide it now! If you have an interview you can just bring it along. Provide what you have now and in your covering letter you can explain why most of it is of more recent date.

[Kittyfang 6]

If they have concerns about how recently the evidence has been acquired, they will let you know. Supply what you can with the application. There is no need to make written reference that you will bring more evidence to the interview - they might send you an RFE to provide it now! If you have an interview you can just bring it along. Provide what you have now and in your covering letter you can explain why most of it is of more recent date.

Got it. Thank you very much for the info... I cannot wait to mail this thing!... Then again, 2 minutes after mailing it, I will be going over every detail in my mind.

[juliava 80]

Speaking about proofs of a bona fide marriage-they care only about what kind of proofs you will be able to bring for the interview, it doesn't really matter when did you do all these.

Actually, that is not true. You do need to submit the requested evidence with the AOS application. USCIS will determine on the basis of the submitted evidence who they will call in for an interview. If you don't provide the requested documentation, yes you will get an interview - or at the very least an RFE which will delay your process. If you look at the timelines here you will see that a good number of individuals are approved for AOS without an interview. I can guarantee that they all submitted the requested proofs of a bona fide marriage with their AOS application so that the adjudicator was able to decide before hand that an interview wasn't necessary.

Kathryn,

I did not tell her to not submit evidence with the AOS application.