Is evidence submitted with the AOS and i-130 Petition?

[Angeltots 9]

Hi All,

I'm putting my package together for AOS and the i-130 request. Do I have to include the evidence of a bonafide marriage in the package or wait for them to send an RFE?

Thanks!

[chimcham 18]

Hi All,

I'm putting my package together for AOS and the i-130 request. Do I have to include the evidence of a bonafide marriage in the package or wait for them to send an RFE?

Thanks!

Include evidence in the package-examples are in the guides

http://www.visajourney.com/content/i130guide2

[jdh 103]

Read the guides on here and the instruction forms provided by USCIS...if you can't understand them be sure to get someone to help you that can read and understand them.

Each application/form has specific additions you need to send along with the forms themselves and it is clearly indicated on the instructions.

[Harpa Timsah 13,258]

Yes, your question shows you have not read the form instructions. The answers you seek are there, and by reading them you avoid errors which delay your case by months. You want to avoid an RFE at all costs. An RFE means you did a bad job and you are missing information that should have been included in the package. An RFE also delays your case.

Edited April 18, 2012 by Harpa Timsah

[Angeltots 9]

Yes, your question shows you have not read the form instructions. The answers you seek are there, and by reading them you avoid errors which delay your case by months. You want to avoid an RFE at all costs. An RFE means you did a bad job and you are missing information that should have been included in the package. An RFE also delays your case.

I DID READ the instructions and I am just confused why other people get an RFE if evidence is already included in the package. and wondered if it's a step that you get after you submit the package.

So to all that had an attitude when they replied, I do understand the instructions and just needed clarification. So don't put your panties in a wad. Relax. Thanks for your concern though.

[chimcham 18]

I DID READ the instructions and I am just confused why other people get an RFE if evidence is already included in the package. and wondered if it's a step that you get after you submit the package.

So to all that had an attitude when they replied, I do understand the instructions and just needed clarification. So don't put your panties in a wad. Relax. Thanks for your concern though.

I don't think the replies came off to be malicious-a lot of folks ask the same questions over and over...those two (especially Harpa) are great resources. I know I myself had to read the guides over and over before I understood. It is coming from a good place, trust me.

Good luck!

PS- RFEs come for different reasons, but you should be fine if you run through the instructions from the guides as well as the instructions from each form from USCIS. Most RFEs I have seen come for the affidavit of support.

Edited April 19, 2012 by chimcham

[Little_My 464]

People get RFEs for three main reasons:

1. They didn't read the instructions or understand the instructions properly, and overlooked something when sending out their package

2. USCIS makes a mistake and asks for something that was actually submitted the first time around (and then you still submit the evidence again, whatever it is)

3. Evidence was submitted, but for whatever reason it is not enough to satisfy USCIS to the point where they would schedule an interview, and they request more - this often happens with the financial affidavit of support.

No one was trying to have an attitude. Many people who ask questions here, ask questions because they have not bothered to look at the guides or instructions AT ALL, which gets a bit old. That's not the case with you, so just take the advice that was given and be glad you asked. Also, if you read the I-130 instructions, under the section "What Documents Do You Need to Prove Family Relationship?", it does clearly state the following: "NOTE: In addition to the required documentation listed above, you should submit one or more of the following types of documentation that may evidence the bona fides of your marriage" - and then they give a list of examples from E through J.

How much you want to submit with the package is up to you - I am a fan of light-handed front-loading, i.e. sending strong evidence the first time around. This way you can make sure they won't send you an RFE for proof of bonafide relationship, and you can always bring more to the interview if you feel it is needed. A good mix of hard evidence, such as joint bank accounts, lease, insurance etc. and softer evidence such as photos, cards addressed to you, etc. is a good way to go.

[jdh 103]

Indeed, as Chim said, our comments are not meant to come along with attitude or with a malicious intent.

There are many people who do speak English as their first language, and as such can have a more difficult time understanding the detailed instructions...that is not an insult or meant to belittle. Chinese/Spanish/Russian are not my language and I am sure I would have a hard job understanding forms in their languages.

When someone asks questions like the one you did it generally comes from the fact that they have not thoroughly read the instructions and that is why it is the first thing we suggest.

Please don't take offense.

People get RFE's because they typically either didn't follow the instructions and include the required evidence or they did read them and just forgot something...which is why you should triple check and then check again before you mail them off.

There are of course other reasons you could get an RFE, but you certainly do not want one.

[jdh 103]

Aaaaand little just posted while I was posting and said everything I said before I could say it...

[Little_My 464]

I am THAT fast!

[Harpa Timsah 13,258]

I have NEVER seen a person get an RFE for bona fide evidence for a concurrent case, because they will have an interview anyway. I think the OP was reading other forums and getting confused about different processes.

[Darnell 8,478]

Hi All,

I'm putting my package together for AOS and the i-130 request. Do I have to include the evidence of a bonafide marriage in the package or wait for them to send an RFE?

Thanks!

You include it in the package. If it makes sense to wait on filing, whilst you actually GENERATE the evidence, then wait.

[Angeltots 9]

I'd say English is actually my first language as I don't speak/read my other languages (I know 4) as well as I speak/read and write English. So I was really offended when people just said I didn't read or understood what I read. Because, boy, have I been reading a lot and in multiple times! All I needed was a little confirmation that what I am doing is the right thing. I do know some things might be repetitive as people are still figuring out how to use the site, especially for beginners. Please just don't jump into conclusions. I think I'm a bit more sensitive than others too, so I was quickly offended.

I think we have enough evidence to hand over. I'm a supplementary to his credit card, we've lived together for almost a year now (we requested the landlord to write a letter stating so since I moved in a week after the new lease was signed), family pictures collected in the past two years during holidays and birthday parties, I'm in his health insurance and AAA, was under his gym membership when we were both still going, and third party sworn testimonials won't be a problem either.

We're planning to submit everything before May ends. I'm reading ahead to make sure I understood before I start doing anything.

Thanks for clarifying and clearing it up for me. Greatly appreciated.

p.s. Don't be fooled by that Chinese flag on the left. The only thing Chinese in me might be my features. I can barely write in it, and couldn't read the newspaper in Chinese even if my life depended on it. Lol.

Edited April 22, 2012 by Angeltots

[EM_Vandaveer 2,408]

We did not (apart from marriage cert, but you had to send that anyway). It was fine.

Pppl sometimes don't send the medical form, or proof of sponsor's citizenship, stuff like that. Evidence can usually wait till interview.

[ceadsearc 516]

We did not (apart from marriage cert, but you had to send that anyway). It was fine.

Pppl sometimes don't send the medical form, or proof of sponsor's citizenship, stuff like that. Evidence can usually wait till interview.

Evidence of a sponsor's legal precense and the medical are required with AOS. Not sending them will lead to an RFE and temporarily stall the case. Some evidence is also required when AOSing from non-K visas. You don't have to send everything (we sent one joint bank statement and our daughter's birth certificate, everything else we took to the interview) but something besides the marriage certificate is required - it is clearly stated in the instructions. If you didn't include anything and did not get an RFE, you got lucky.