When to submit bonafied marriage evidence- after initial AOS application?

[Jdp001 0]

Hi all,

My wife and I have submitted for a AOS green card from within the USA. We originally submitted all of the required documentation with our initial application in Feb 2023, including the marriage licence / birth certificates etc. What we did not submit at that time was the medical report or the evidence of a bona-fied marriage as these weren't ready. 

Since submitting at the end of Feb 2023, we have had one RFE for a scanned birth certificate and the biometrics appointment scheduled and completed.

Our lawyer has been great so far but is advising us to wait until a RFE of a bonafied marriage and medical comes from the local field office vs sending these documents in earlier / through the uscis online portal. 

Would that sound like the best case? Reading on here, it sounds like waiting for any RFE slows everything down. 

Thanks very much 

[Crazy Cat 41,814]

What is the attorney's rationale for waiting?  You are correct that an RFE will slow the process.

[Chancy 6,241]

*** Moved from What Visa Do I Need to AOS from Work/Student/Tourist Visas forum ***

 

[TedsGirl 193]

11 hours ago, Jdp001 said:

Hi all,

My wife and I have submitted for a AOS green card from within the USA. We originally submitted all of the required documentation with our initial application in Feb 2023, including the marriage licence / birth certificates etc. What we did not submit at that time was the medical report or the evidence of a bona-fied marriage as these weren't ready. 

Since submitting at the end of Feb 2023, we have had one RFE for a scanned birth certificate and the biometrics appointment scheduled and completed.

Our lawyer has been great so far but is advising us to wait until a RFE of a bonafied marriage and medical comes from the local field office vs sending these documents in earlier / through the uscis online portal. 

Would that sound like the best case? Reading on here, it sounds like waiting for any RFE slows everything down. 

Thanks very much 

Welcome to VJ🙂

 

I’m with @Crazy Cat and trying to understand why your attorney has suggested this? Factors such as FO backlog post-covid should encourage anyone going through AOS to mail in and upload evidence as they go. Leaving no room for RFE. Although USCIS has been known to lose documents it’s always good to keep a copy of what you send to them. Everything.

 

Most recently on Reddit there was an alleged USCIS officer who stated the best AOS cases were those who had all the documents, including the medical, enclosed, as the turnaround for approval was quicker for those than for those who did not include the medical that would trigger the RFE and delays.
 

For my own most recent experience we had a RFE for a signature I missed in 2021 for the I-130 which I know delayed our case significantly and then a NOID for it last month. I am stunned they didn’t deny us outright. Super thankful for the mercy the FO had over our cases. Please upload to your online account all the marital bonafides that you have - joint bank account, title deeds to vehicles and/or property for example - I would be very concerned about your attorney moving forward. This site helped my husband and I make the decision NOT to use an attorney knowing our case was simple with no issues in either of our backgrounds. Missing out on the things that we did made us upset as we dropped the ball. I cannot imagine how much more difficult it would have been for a third party handling our paperwork with advice of “wait for RFE”.

 

Here’s hoping your journey isn’t as long as ours was. 

[Jdp001 0]

3 hours ago, Crazy Cat said:

What is the attorney's rationale for waiting?  You are correct that an RFE will slow the process.

We haven't had a rationale as such - more of a description that this is the process. Our case is with the NBC currently and we have been advised to wait until its with the local office.

Can bonafied marriage evidence + medicals be sent to USCIS before then

[OldUser 6,614]

@Jdp001 I disagree with your lawyer. All of the lawyers I consulted with insisted on included as much evidence as possible with initial submission.

 

I submitted medicals and all bonafide evidence with initial packet and brought the additional new evidence to interview itself.

 

By providing evidence with initial packet you minimize chance of RFE, NOID and interview. Yes, you heard it right, some interviews are waived nowadays, based on amount and quality of evidence provided.

Edited April 11, 2023 by OldUser

[Jdp001 0]

On 4/10/2023 at 9:43 AM, Crazy Cat said:

What is the attorney's rationale for waiting?  You are correct that an RFE will slow the process.

Thanks for responses everyone. 

I asked our lawyer again and he advised again to wait before sending in evidence as sometimes they don't ask for bona-fied evidence? sounds against what i'm reading on here though.
We didn't have anything beyond the marriage certificate and required forms prepared when doing our initial submission, which is currently what the USCIS has on us.

Thanks 
 

[Kiss and Vinegar 0]

@Jdp001 I came to this forum looking for this same exact answer.  Our lawyer didn't collect any material evidence for the initial AOS filing we did in January.  So now we are having the same concern with the same advice from our lawyer, who told us to wait until an RFE is issued, and that submitting evidence ahead of time doesn't help in any way. 

 

Seems like it's a 100% chance that there will be an RFE issued to show we have a bona fide marriage, so why not submit it ahead of time?

[Jdp001 0]

1 minute ago, Kiss and Vinegar said:

@Jdp001 I came to this forum looking for this same exact answer.  Our lawyer didn't collect any material evidence for the initial AOS filing we did in January.  So now we are having the same concern with the same advice from our lawyer, who told us to wait until an RFE is issued, and that submitting evidence ahead of time doesn't help in any way. 

 

Seems like it's a 100% chance that there will be an RFE issued to show we have a bona fide marriage, so why not submit it ahead of time?

It to me would seem logical to send things in now - especially with the online USCIS platform for unsolicited evidence. I trust the lawyers do this day in and day out, so perhaps know more about the process we may not be seeing, that is why we hired one. It would just be useful to know that if it is the case!

[Family 3,988]

10 minutes ago, Jdp001 said:

I asked our lawyer again and he advised again to wait before sending in evidence as sometimes they don't ask for bona-fied evidence?

He is either out of touch or running out of ways to convince you to stop bugging him….and  DIY forums have demystified the process. They ask for bonafides to pre screen for interview waivers.
 

 

There is nothing wrong with his strategy of waiting for RFE….so you either wait or tell him you choose to submit now.

 

By out of touch, I mean resistant to change and he likely refuses to hybrid file cases : I-130 and bonafides online and I-485 via paper filing. 
As of March last year, USCIS has made it clear they are screening all new filings for interviews waivers and everyday on various forums you can read about cases that are adjudicated at super speed. 

 

[Jdp001 0]

Thanks for the advice.

My gut is saying whats the harm to submit the bona-fied now online? I don't see how that can do anything negative to the case? If we wanted to now also send in our medical, that must be done via post i assume? If the medical is a requirement for approval then there will almost certainly be a RFE anyway...

[Family 3,988]

11 minutes ago, Jdp001 said:

My gut is saying whats the harm to submit the bona-fied now online? I don't see how that can do anything negative to the case? If we wanted to now also send in our medical, that must be done via post i assume? If the medical is a requirement for approval then there will almost certainly be a RFE anyway

I take the position that when you hire an attorney, you follow their advice OR effectively move them to take actions you ask for.

 

While you can upload bonafides on your own…your attorney should be told . Medical can only be mailed and best done once RFE instructions in hand..to insure it reaches the file.

[Earnest1 2]

I can’t believe your attorney advised not to send in a complete package. I-693 page on USCIS’ website recommends filing along with your I-485 to save an RFE. 
 

Does your attorney charge you by time? There’s no reason to do this.

 

The time you saved by filing a few weeks early is offset if not more delayed by the RFE. Not to mention, during pre-screening of a new filing, a case is recommended for waived interview if they see sufficient evidence. (Although that can always be overruled when either a service center or a FO examine a case in depth.)

Edited May 19, 2023 by Earnest1

[Jdp001 0]

thanks for the replies. 
When we submitted in feb with the lawyer we were close to my 90days on a tourist visa. We didn't have the medical or bonafied evidence ready at that point and our lawyer said thats fine, its better to submit to be protected from overstay and then send the documents in later. We have already had one RFE for a birth certificate to be resubmitted. We had all our medical and evidence ready at that point but the lawyer still suggested waiting.

Fixed fee not by hours for payment. He came highly recommended. 

[Earnest1 2]

On 5/20/2023 at 8:48 AM, Jdp001 said:

thanks for the replies. 
When we submitted in feb with the lawyer we were close to my 90days on a tourist visa. We didn't have the medical or bonafied evidence ready at that point and our lawyer said thats fine, its better to submit to be protected from overstay and then send the documents in later. We have already had one RFE for a birth certificate to be resubmitted. We had all our medical and evidence ready at that point but the lawyer still suggested waiting.

Fixed fee not by hours for payment. He came highly recommended. 

This makes more sense now. I'd submit using their unsolicited evidence.
 

USCIS' does state:

• If you forget to send in supporting documentation with your benefit request package, please do not submit them in a separate package to a USCIS lockbox. Please retain the supporting documents so they can be submitted later, if requested by USCIS.

That said, there's 100% chance you'll receive an RFE, or NOID. There's no such thing that bona fide marriage evidence is not required.