I-485 Denied Based on Joint Tax return

[Chancy 6,241]

On 11/12/2021 at 3:23 AM, above_and_beyond said:

This is actually their first request for relationship information for the i-130.

 

Did you enter the US on a K1 visa?  K1 do not need to file I-130 if they married within 90 days of entry.

 

If not, then the request for relationship evidence seems like another miss by your lawyer.  If you and your spouse had been together for that long even prior to marriage, your original I-130 submission should have been loaded with quality evidence.

 

On 11/12/2021 at 3:23 AM, above_and_beyond said:

Would the i-130 approval basically be the end of it?

 

I-130 approval does not grant any benefits to legally stay in the US.  It only serves as basis to be able to adjust status or apply for a visa.  So it's more part of the beginning of the immigration process rather than the end.

 

[above_and_beyond 1]

14 hours ago, Chancy said:

 

Did you enter the US on a K1 visa?  K1 do not need to file I-130 if they married within 90 days of entry.

 

If not, then the request for relationship evidence seems like another miss by your lawyer.  If you and your spouse had been together for that long even prior to marriage, your original I-130 submission should have been loaded with quality evidence.

 

 

I-130 approval does not grant any benefits to legally stay in the US.  It only serves as basis to be able to adjust status or apply for a visa.  So it's more part of the beginning of the immigration process rather than the end.

 

That's frustrating when we applied for the I-130 we were informed by the lawyer that most of the evidence would be provided during the Interview and that only Marriage Cert would be needed at the time of initial submission. I can't help but feel everything has been delayed by this inept counsel. This wasn't either a fly by night operation, this is a proper attorney that cost thousands of dollars outside of fees!

[Chancy 6,241]

17 hours ago, above_and_beyond said:

we were informed by the lawyer that most of the evidence would be provided during the Interview and that only Marriage Cert would be needed at the time of initial submission.

 

While it's true that marriage certificate is the basic requirement, the I-130 instructions clearly state that the petitioner should submit additional documentation that may prove they have a bona fide marriage.  So what we suggest for AOS filers here on VJ is to submit whatever relationship evidence they can with the I-130, then at the AOS interview, present new evidence collected after filing.  Anyway, just make sure to respond to the RFE on time.