PLZ HELP My lawyer never asked me about Evidence of a Bonifide Marriage

[Senior Frog 3]

our lawyer said he is filled and send our i-130 in 21/10/2019 but the thing which make us very confused is that when we provided him with all documents  that needed
he didn't ask us for Evidence of a Bonifide Marriage which is required to fill i-130 as i saw on VJ. and when i told him about if he is need it he said no not now later!
now is he just lied to us about that he filled i-130 for us. NOA1 still not received is this enough time to be another sign ???

[zochu 255]

What documents did you send him ...

 

I would probably just do this process on your own and not use a lawyer unless you have a super complicated case....

[Senior Frog 3]

5 minutes ago, zochu said:

What documents did you send him ...

 

I would probably just do this process on your own and not use a lawyer unless you have a super complicated case....

my wife US citizen so we send him:
- Birth certificate (mine)
- passports (mine + wife)
- marriage certificate

- divorce documents (wife)

we are really confused about this. our case is that im from MENA country and we got age gap so we hire a lawyer but now i don't know if i can believe him or not please help!

[zochu 255]

3 minutes ago, Senior Frog said:

my wife US citizen so we send him:
- Birth certificate (mine)
- passports (mine + wife)
- marriage certificate

- divorce documents (wife)

we are really confused about this. our case is that im from MENA country and we got age gap so we hire a lawyer but now i don't know if i can believe him or not please help!

 

I hope they were all copies too and not the actual physical documents.

 

So, no evidence of a bona fide marriage . That is a requirement, you're lawyer has made a mistake. Speak to your lawyer, maybe even redirect to the USCIS website about how to file an i-130. 

 

You might/probably will get a RFE, so I would prepare your evidence of a bona fide marriage now and be prepared

 

Someone else on here might have a better answer.... 

[SalishSea 18,227]

27 minutes ago, Senior Frog said:

my wife US citizen so we send him:
- Birth certificate (mine)
- passports (mine + wife)
- marriage certificate

- divorce documents (wife)

we are really confused about this. our case is that im from MENA country and we got age gap so we hire a lawyer but now i don't know if i can believe him or not please help!

If all you sent was a marriage certificate, with no supporting documents to establish a bonafide marriage, then expect issues.

 

The USC petitioner really should be reading things such as the I-130 petition checklist on the USCIS site, which clearly lists what to send.

[Senior Frog 3]

27 minutes ago, zochu said:

 

I hope they were all copies too and not the actual physical documents.

 

So, no evidence of a bona fide marriage . That is a requirement, you're lawyer has made a mistake. Speak to your lawyer, maybe even redirect to the USCIS website about how to file an i-130. 

 

You might/probably will get a RFE, so I would prepare your evidence of a bona fide marriage now and be prepared

 

Someone else on here might have a better answer.... 

i hope he has a reason for that.........

 

2 minutes ago, Jorgedig said:

If all you sent was a marriage certificate, with no supporting documents to establish a bonafide marriage, then expect issues.

 

The USC petitioner really should be reading things such as the I-130 petition checklist on the USCIS site, which clearly lists what to send.

please explain more i didn't get that

[user555 196]

48 minutes ago, Senior Frog said:

please explain more i didn't get that

Your wife is the petitioner. She should have read and followed this. https://www.uscis.gov/i-130

• Evidence of U.S. citizenship, lawful permanent residence, or U.S. national status:
  • A copy of your birth certificate, issued by a civil registrar, vital statistics office, or other civil authority showing you were born in the United States; 
• Evidence of family relationship with one of the following (see form instructions for more detailed guidance):
  • Spouse: A copy of your marriage certificate
    • Evidence you or your spouse terminated any prior marriages (if applicable)
• Evidence of the bona fides of the marriage, if petitioning for a spouse:
  • Documentation showing joint ownership of property;
  • A lease showing joint tenancy of a common residence, meaning you both live at the same address together;
  • Documentation showing that you and your spouse have combined your financial resources;
  • Birth certificates of children born to you and your spouse together;
  • 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 of the person making the affidavit; date and place of birth of the person making the affidavit; and complete information and details explaining how the person acquired their knowledge of your marriage; and
  •  Any other relevant documentation to establish that there is an ongoing marital union.
• Two passport-style photographs.

 

[Senior Frog 3]

27 minutes ago, user555 said:

Your wife is the petitioner. She should have read and followed this. https://www.uscis.gov/i-130

• Evidence of U.S. citizenship, lawful permanent residence, or U.S. national status:
  • A copy of your birth certificate, issued by a civil registrar, vital statistics office, or other civil authority showing you were born in the United States; 
• Evidence of family relationship with one of the following (see form instructions for more detailed guidance):
  • Spouse: A copy of your marriage certificate
    • Evidence you or your spouse terminated any prior marriages (if applicable)
• Evidence of the bona fides of the marriage, if petitioning for a spouse:
  • Documentation showing joint ownership of property;
  • A lease showing joint tenancy of a common residence, meaning you both live at the same address together;
  • Documentation showing that you and your spouse have combined your financial resources;
  • Birth certificates of children born to you and your spouse together;
  • 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 of the person making the affidavit; date and place of birth of the person making the affidavit; and complete information and details explaining how the person acquired their knowledge of your marriage; and
  •  Any other relevant documentation to establish that there is an ongoing marital union.
• Two passport-style photographs.

 

thank you very much
what now ? should my wife force him to close the application and start another application by herself ?
thanks

[user555 196]

You will have to wait a few months, get a RFE (request for more evidence), and then submit what USCIS wants. And tell your lawyer he owes you a refund for being incompetent. 

[JFH 12,191]

If you didn’t even supply the basic documents (no mention in your post about proof that your wife is a USC, for example, that’s the first thing on the list of stuff you *must* provide) then you’ll be lucky to get an RFE. USCIS may even deny it. 

[JoannaV 174]

2 minutes ago, JFH said:

If you didn’t even supply the basic documents (no mention in your post about proof that your wife is a USC, for example, that’s the first thing on the list of stuff you *must* provide) then you’ll be lucky to get an RFE. USCIS may even deny it. 

He said the wife's passport was included.

[Ryan H 3,834]

See my comments below:

 

20 hours ago, Senior Frog said:

my wife US citizen so we send him:
- Birth certificate (mine) Not required at this stage
- passports (mine + wife) Yours is not required at this stage, hers is an option to establish citizenship
- marriage certificate They got this right

- divorce documents (wife) They got this right

 

 

[Senior Frog 3]

the USCIS website said:

NOTE:  In addition to the required documentation listed above, you should submit one or more of the following types of documentation that may prove you have a bona fide marriage:

(1) Documentation showing joint ownership of property;
(2) A lease showing joint tenancy of a common residence, meaning you both live at the same address together;
(3) Documentation showing that you and your spouse have combined your financial resources;
(4) Birth certificates of children born to you and your spouse together;
(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 of the person making the affidavit; date and place of birth of the person making the affidavit; 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.

but how we can submit any of them since i live overseas ?

[HRQX 4,145]

39 minutes ago, Senior Frog said:

the USCIS website said:

NOTE:  In addition to the required documentation listed above, you should submit one or more of the following types of documentation that may prove you have a bona fide marriage:

(1) Documentation showing joint ownership of property;
(2) A lease showing joint tenancy of a common residence, meaning you both live at the same address together;
(3) Documentation showing that you and your spouse have combined your financial resources;
(4) Birth certificates of children born to you and your spouse together;
(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 of the person making the affidavit; date and place of birth of the person making the affidavit; 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.

but how we can submit any of them since i live overseas ?

For #3 being added as an authorized user on her credit card is an option. Capital One, Citi, Chase, etc. easily allow this. And an affidavit as mentioned in #5 if you have nothing else.

[jimfleurieee 22]

If you guys traveled together plane tickets, pictures together and conversation log will assist.