I-485 and RFE Received - Questions

[rebelgods 0]

Hi! I recently received an RFE for my I-485 submission on April 2022 and want to ensure I understand it properly.

 

It requests the following info as pictured from the letter below. Does this mean I simply need to prove our marriage has been legitimate since the wedding date, or is there also another requirement in regards to lawful permanent resident status? My wife has an active employment authorization doc (EAD) which was approved last year.

 

In regards to the proof of bona fide marriage, we filed joint 2022 taxes and both have our names on our lease as well as a utility bill before we moved end of last year, is that sufficient? I could add an affidavit from family and have pictures of us together at family events and whatnot.

 

Edited April 11, 2023 by rebelgods

[Allaboutwaiting 2,503]

They require two things from you: 

 

1. Evidence that the marriage was in good faith.

• Financial commingling documents: bank account statements, shared bills, 401k, life insurance, etc.
• Shared residence documents:  ID's or mail with same address, lease or deed, etc.
• Shared plans documents: will, power of attorney, health care directive, etc.
• Shared life documents: boarding passes from trips, cards from family, photographs together, etc.

2. Evidence that the petitioner -you- is a US citizen or an LPR.

• Copy of passport or citizenship certificate if US citizen
• Copy of green card if LPR

 

 

Edited April 11, 2023 by Allaboutwaiting

[rebelgods 0]

10 hours ago, Allaboutwaiting said:

They require two things from you: 

 

1. Evidence that the marriage was in good faith.

• Financial commingling documents: bank account statements, shared bills, 401k, life insurance, etc.
• Shared residence documents:  ID's or mail with same address, lease or deed, etc.
• Shared plans documents: will, power of attorney, health care directive, etc.
• Shared life documents: boarding passes from trips, cards from family, photographs together, etc.

2. Evidence that the petitioner -you- is a US citizen or an LPR.

• Copy of passport or citizenship certificate if US citizen
• Copy of green card if LPR

 

 

Thank you for the reply! Very helpful. I didn't even consider that it was for me because I had included my passport scans, etc initially... strange.

 

The RFE indicates I can upload files to the portal - will simply uploading my passport scan be all that is needed to check this box?

 

Edited April 11, 2023 by rebelgods

[Chancy 6,241]

*** Moved from AOS from K1 Visas Progress Reports to AOS from Work/Student/Tourist Visas forum ***

 

[lovinglive 24]

On 4/11/2023 at 9:36 PM, rebelgods said:

Thank you for the reply! Very helpful. I didn't even consider that it was for me because I had included my passport scans, etc initially... strange.

 

The RFE indicates I can upload files to the portal - will simply uploading my passport scan be all that is needed to check this box?

 

Are you ignoring the question about whether the marriage was bona fide?  That seems to be the major issue for you and your spouse.

 

 

[rebelgods 0]

42 minutes ago, lovinglive said:

Are you ignoring the question about whether the marriage was bona fide?  That seems to be the major issue for you and your spouse.

 

 

Definitely not! I actually listed out what readily-available documentation I have, asking for opinions on if it is sufficient in the first post. What do you think?

 

The bona fide part I understood very clearly and we are together 24/7 so I am not too worried about being able to prove our marriage is real. The other part I did not fully understand ,hence the questions. So do you think a simple passport scan upload is sufficient to check that box?

[lovinglive 24]

7 minutes ago, rebelgods said:

Definitely not! I actually listed out what readily-available documentation I have, asking for opinions on if it is sufficient in the first post. What do you think?

 

The bona fide part I understood very clearly and we are together 24/7 so I am not too worried about being able to prove our marriage is real. The other part I did not fully understand ,hence the questions. So do you think a simple passport scan upload is sufficient to check that box?

When you say you listed out what readily available documentation you have, do you mean "In regards to the proof of bona fide marriage, we filed joint 2022 taxes and both have our names on our lease as well as a utility bill before we moved end of last year, is that sufficient? I could add an affidavit from family and have pictures of us together at family events and whatnot."

 

In my view, many members of this website put too much emphasis on things like rental contracts, utility bills, etc. for proof of relationship.  In my case, my wife and I were together many years before we were married.  Even though we lived together her name was never on the rental contract.  But I had tons of evidence in the form of photos, proof of travels together, other proof that we lived together... I would add it all together and make a very clear and convincing case.  It seems like you filed online- you can upload almost as much proof as you want since it won't be a bulky package to be mailed somewhere.

 

On your second point about your citizenship,  I read the letter to mean: "You must have a bona fide relationship AND you must be a US citizen."  I don't see in your RFE that they say that you didn't prove you are a US citizen.   Maybe you already submitted that info.  But there is no harm in submitting it again.  If you are a citizen by birth, I would upload your passport and your birth certificate.

[rebelgods 0]

On 4/13/2023 at 1:44 PM, lovinglive said:

When you say you listed out what readily available documentation you have, do you mean "In regards to the proof of bona fide marriage, we filed joint 2022 taxes and both have our names on our lease as well as a utility bill before we moved end of last year, is that sufficient? I could add an affidavit from family and have pictures of us together at family events and whatnot."

 

In my view, many members of this website put too much emphasis on things like rental contracts, utility bills, etc. for proof of relationship.  In my case, my wife and I were together many years before we were married.  Even though we lived together her name was never on the rental contract.  But I had tons of evidence in the form of photos, proof of travels together, other proof that we lived together... I would add it all together and make a very clear and convincing case.  It seems like you filed online- you can upload almost as much proof as you want since it won't be a bulky package to be mailed somewhere.

 

On your second point about your citizenship,  I read the letter to mean: "You must have a bona fide relationship AND you must be a US citizen."  I don't see in your RFE that they say that you didn't prove you are a US citizen.   Maybe you already submitted that info.  But there is no harm in submitting it again.  If you are a citizen by birth, I would upload your passport and your birth certificate.

Thanks and appreciate it! I did not file online, but the RFE received since I can upload if applicable. I am able to upload evidence in the portal so I assume this is acceptable, right?

[lovinglive 24]

7 hours ago, rebelgods said:

Thanks and appreciate it! I did not file online, but the RFE received since I can upload if applicable. I am able to upload evidence in the portal so I assume this is acceptable, right?

Hi, I haven't been in that situation where I received an RFE for a manually filed (not online) application.  Hopefully some others can answer your question.

[Tom11111 0]

Hi ! I received the same rfe, and I only sent proof of marriage, but I did not send a photo of my wife’s passport, but I sent it along with all the documents at the beginning. But now I saw that the passport did not have his wife’s signature. and I think that I should have noticed this earlier and sent a copy along with rfe!
Could you please tell me when you first uploaded your passport with all the documents, it was signed?