How Important is Evidence of Bona Fide Marriage?

[Apple Bee 272]

5 hours ago, stacyt said:

I'm applying for AOS right now....sadly, seen some denials and RFE's for lack of evidence. Multiple sources have advised that I attach these things, so I figured I'm better off overdoing it now than wasting time replying to RFE's or re-applying later  

 

They recently had a new law implemented that allows denying "empty" or "placeholder" petitions without RFE's. There were a lot of people sending in almost no evidence and then working on collecting evidence while waiting, then receive RFE and submit all their stuff. USCIS put an end to this. 

I thought this only applied to the initial I-130 

[K1visaHopeful 2,810]

8 minutes ago, Apple Bee said:

I thought this only applied to the initial I-130 

It applies to ppl who file for immigration benefits that they are ineligible for. If you are eligible for that immigration benefit and you forget/dont send a required document, you will still be issued an RFIE/RFE. 

This policy has no bearing here because proof of bonafide marriage are not a required documents for the initial I485 filing. 

Edited March 6, 2019 by K1visaHopeful

[C90 376]

6 hours ago, crono_clone said:

For a K1 visa holder applying for AOS, how important is it to have the evidence of bona fide marriage? I have everything else I need now (like the certified copy of marriage certificate that I was waiting on) except for that.

 

We applied for his SSN almost a month ago and it still hasn't come in, so I haven't been able to put him on my lease, bank account, insurance, etc. And without those, my only evidence would be photographs of our wedding and of living together, which from experience is just "secondary" evidence.

 

And because of how long this process is currently taking, we'd like to file as soon as possible to get the clock started, but not if it means a possible RFE or rejection. So what have other people in here done? Do we absolutely need that evidence, or is it really only important for applying for Removal of Conditions?

The only proof you need at time of filing is the certified copy of your marriage certificate (you can send a photo copy of the certified MC) 

Best to file before her I-94 expires, since she'll be out of status and at that point they're allowed to deport her (it doesn't happen, but it's not beneficial to be out of status)

 

Since it usually takes 1+ year to get an interview (depending on your local office) you have enough time to collect evidence to take to the AOS interview.

 

If it happens that you get your interview sooner, just take whatever you have at that moment. USCIS understands if you don't have a ton of evidence when she doesn't have SSN etc yet.

[RedroseMT 37]

53 minutes ago, C90 said:

The only proof you need at time of filing is the certified copy of your marriage certificate (you can send a photo copy of the certified MC) 

Best to file before her I-94 expires, since she'll be out of status and at that point they're allowed to deport her (it doesn't happen, but it's not beneficial to be out of status)

 

Since it usually takes 1+ year to get an interview (depending on your local office) you have enough time to collect evidence to take to the AOS interview.

 

If it happens that you get your interview sooner, just take whatever you have at that moment. USCIS understands if you don't have a ton of evidence when she doesn't have SSN etc yet.

Maybe you all will laugh at me now but we have decided to send all we have collected in 1 month of our marriage ( except photos which we don’t have so much) .Better safe then sorry , I simply don’t believe them .But we will be collecting proofs all the time of course and hopefully will have enough proofs for the interview. 

[C90 376]

3 minutes ago, RedroseMT said:

 simply don’t believe them .

You simply don't believe who?

 

In the end, do whatever makes you most comfortable. 

[Scandi 4,166]

Like others have said, you don't need to send any proof of bonafide marriage, that's not a requirement for the i-485. Just send the marriage certificate and the other required documents.

 

We didn't send any proof but brought some to the interview. The IO didn't want to look at any of it though.

 

They know you haven't been married long and won't have an issue if you don't have any proof yet. Start collecting for the ROC step, that's where it will be very important.

[crono_clone 213]

Thanks everyone, this has been really helpful! Now I feel better about getting our application out instead of waiting.

[ronniebreda 120]

I wouldn't hold up applying over this. As already said, the wait times are long. 

I can only speak from my personal experience. We got a RFIE for the marriage certificate even though we sent it in - it was either lost or someone made a mistake. Included in the RFIE was bona fide marriage evidence (we didn't include any in the original AOS package because it is not in the instructions to send it in). We then sent in a boatload of evidence in the RFIE response and our interview was waved. Just a little tangent about my experience....

Moral of the story: Don't wait! 

Really important as brought up by another member: K1 to AOS interviews are not being waived anymore. - Save up your documentation for the interview. 

Edited March 6, 2019 by ronniebreda
Confusing statement

[K1visaHopeful 2,810]

10 minutes ago, ronniebreda said:

I wouldn't hold up applying over this. As already said, the wait times are long. 

I can only speak from my personal experience. We got a RFIE for the marriage certificate even though we sent it in - it was either lost or someone made a mistake. Included in the RFIE was bona fide marriage evidence (we didn't include any in the original AOS package because it is not in the instructions to send it in). We then sent in a boatload of evidence in the RFIE response and our interview was waved. Just a little tangent about my experience....

Moral of the story: Don't wait! 

Note (not for your ronniebreda but for others reading, just tying in on your experience) that they no longer waive the AOS interview for K1s effective May 15th, 2018.

 

Edited March 6, 2019 by K1visaHopeful

[ronniebreda 120]

1 minute ago, K1visaHopeful said:

Note (not for your ronniebreda but for other reading, just tying in on your experience) that they no longer waive the AOS interview for K1s effective May 15th, 2018.

 

Thank you for bringing that up (and reminding me)! 

[Rocko20 159]

You don’t need all that evidence to file AOS, I provided it anyway but it was a waste of time and printed paper.

 

Save all that stuff for the ROC interview.  

Edited March 6, 2019 by Rocko20

[Liflead 112]

13 hours ago, stacyt said:

I was denied SSN, yet we were able to put my name on almost everything:

 

- Joint insurance 

- Joint bank account (Chase doesn't require SSN)

- Joint T Mobile account (my husband is the primary holder)

- My name on utilities 

 

Looks like you're in Cali too, so that shouldn't be a problem.

 

We also attached pictures, hotels, plane tickets from before and after marriage, and I also had 4 affidavits from friends and family confirming they are aware we are a real couple and have a bona fide marriage.

 

Hope it helps!

What documents did Chase bank asked for to open a back account for beneficiary who came with K1 visa? Did u open an Individual account or joint account?

[Liflead 112]

13 hours ago, crono_clone said:

For a K1 visa holder applying for AOS, how important is it to have the evidence of bona fide marriage? I have everything else I need now (like the certified copy of marriage certificate that I was waiting on) except for that.

 

We applied for his SSN almost a month ago and it still hasn't come in, so I haven't been able to put him on my lease, bank account, insurance, etc. And without those, my only evidence would be photographs of our wedding and of living together, which from experience is just "secondary" evidence.

 

And because of how long this process is currently taking, we'd like to file as soon as possible to get the clock started, but not if it means a possible RFE or rejection. So what have other people in here done? Do we absolutely need that evidence, or is it really only important for applying for Removal of Conditions?

Was the SSN applied after or before the marriage? How many days after the entry of the beneficiary? 

[Jenny17655 284]

17 hours ago, Jessica Donahue said:

 

I would advise you to wait, if you can, until you have strong documentation of fiscal ties, ie. bank accounts, lease, etc.  The pictures are helpful, but the government definitely weighs legal obligations (taxes, banks, loans, utlity bills etc) more heavily, then comes sworn affidavits from family members, mail.  In my opinion, it would be better to do the AOS later with a stronger application, of course that is if you still have time in your window.

 

 

She should apply for AOS as soon as possible.  She will have time to gather more evidence before the interview.  

[Paul & Mallory 1,398]

Please don't listen to the person who told you to wait to apply for AOS until you have a bunch of evidence. :|

 

All you need for the application is the marriage certificate, as others have said. Any other evidence you have supporting your marriage would be best presented at the actual interview, which will take a few months, at best, to even happen. So it gives you time to get things together, like adding your spouse on insurance, utilities, etc. I recommend setting aside a folder, box, whatever, somewhere, so you can start dropping in copies of things to use as evidence as you get them accomplished between now and then. You are fine to go ahead and send the application before checking anything off your list - my husband still had vaccination requirements to fulfill when we mailed out his application, and having it all completed and available later at his GC interview sufficed just fine, no problems.