Jump to content
Sign in to follow this  

Suff. evidence of bona fide marraige I-130/I-485 package

7 posts in this topic

Recommended Posts

Filed: Country: Venezuela

Here's what we will have to send with the I-130/I-485 as proof of a bona fide marriage - is it enough?

Checking Account Statements (Jointly held between Petitioner & Beneficiary)

We have only one month statement, shows only 2 transactions.

2 months Telephone Service Statements (Jointly held between Petitioner & Beneficiary)

Does not have her name on the statement but it does have her phone #

There are 1000+ text messages and calls between us in the statements

Confirmation – Placement of Beneficiary onto Petitioner’s Health Insurance

It will be a 'print confirmation' from my company's HR website showing she was added

Confirmation – Placement of Beneficiary as 100% recipient of my 401k and life insurance

Again a print screen from the HR website

Sworn Affidavit of bona fide marriage by personal acquaintances

5 affidavit, my mother, brother, and 3 friends.

Timeline of personal relationship and marriage

1-2 paragraphs at most that explain how we met, when we met, how our relationship grew, when I proposed, our wedding plans, the future.

Note the timestamps on this stuff will literally be 1 day before the marriage.

Also note that we are getting married in civil ceremony tomorrow (court) but have a traditional ceremony / party with family, etc. on Saturday.

This is because the county we booked the wedding at takes 4 weeks to provide a cert. copy of marr. cert, whereas the next county over does next day.

We are trying to go faster because her overstay status.

If we mail the package on 7/15 and they get it on 7/16, it will be to them 154 days after overstay.

If we mail the package on 7/18 and they get it on 7/19, it will be to them on 157 days after overstay.

Is it worth losing the 3 days of processing time to send the package with all the family wedding pics?

I kind of look at it like this - if we include the wedding ceremony pics and send it in a few days later, it is way more convincing, i.e.

It should be noted that the Petitioner and Beneficiary were legally married by an Appointed Judge in XXXX county, whereas they held a marital ceremony and wedding party in ZZZZ county.

The Petitioner and Beneficiary had made arrangements to have the wedding at a venue (“YYYYY”) in ZZZZ county on 7/16/2011, and applied for a Marriage License in ZZZZZ county.

Various arrangements and financial commitments were made by the Petitioner and Beneficiary around this venue and date, including a minister, outdoor gardens, dining, photography, musicians, and numerous guests booking air flights and lodging from Massachusetts and Venezuela.

When applying for the Marriage License in ZZZZZ county, it was determined there is a 2-4 week wait to receive a Certified Copy of the Marriage Certificate.

Given the Beneficiary is currently in an “Overstay” status, a joint decision was made by the Petitioner and Beneficiary to marry in a simple civil service in XXXX , as this allows the Marriage Certificate to be obtained significantly quicker, allowing the I-130 Application be submitted sooner.

The marital ceremony and wedding party did proceed as planned, with artifacts of that event attached in this packet (“Item 12”).

I typically like to go in prepared and with more than enough. Thanks in advance


Met 2.18.11 (Was on B1 Visa I-94 expired 2.11.11)

Engaged 6.12.11

Married 7.12.11

I-485/I-130/I-765/I-131 Filed/Rec'd CHI 7.25.11 (Rec'd @ 165 days overstay)

Bio Appt 8.29.11

I-485 Rec'd Interview Appt. (Date of notice 9.12.11 / Date of Interview 10.14.2011)

I-765/I-131 Approved 9.16.11 / Card Received 9.24.11 (53 Days Processing Time)

Applied for SSN 9.28.11 / SSN Card Received 10.3.11 (5 Days Processing Time)

Approved in person I-485 Interview 10.14.11 (81 Days from start of process)

Share this post

Link to post
Share on other sites


that's definitely more then enough with the initial submission - am not sure if they will look at all what you plan on submitting.

What really is important is the main evidence - the marriage certificate as this the evidence to proof as to why AOS is applied for.

When I send in my application we included a copy of our joint checking account recent statement, marriage certificate, approval notice

from my wife's health insurance that I'm benefiting from it too now, copy of lease and a group photo aka parents and us on our wedding day.

At the interview the IO wanted to see the originals of these and asked me if I had anything else to show co-mingling assets and or things

like travel reservations in both of our names etc. We even had 3 affidavits from family and close friend but she didn't ask for these (I think they

are only needed if there is doubts of the truthfulness of the marriage)

Thought I share my experience with you. Don't think it will be negative to send in to much, but also think that it won't be necessary as

you can already tell how much paperwork it is in the first place that goes with an AOS application.

Good luck on your AOS journey :)


p.s. what visa, which way did your spouse enter the US? Generally overstays are forgiven when AOS is based on marriage to a US Citizen. As long as your spouse was inspected at port of entry and did not commit any crimes, didn't take up anybody's identity/SSN and pretended to be US Citizen it's all good :)

10/13/2010 - Mailed in The Package (AOS, I-765, I-130)

10/17/2010 - USPS confirms delivery to USCIS

10/25/2010 - Check cashed

10/26/2010 - All applications been worked on aka touched

10/28/2010 - NOA1 Receipts for applications received

11/24/2010 - Received appointment for biometrics in the mail for 12/17 *yay*

12/17/2010 - 9.25 a.m. - 9.45 a.m. Biometrics done !!

12/23/2010 - EAD Approved and Card on its way - Email notification received *yay*

01/03/2011 - WOOOHOOO ...EAD Card in Hand!

01/04/2011 - Oh boy....Received Interview Letter today - February 3rd is the day! :)

02/03/2011 - Interview scheduled 12:45 p.m. - out of there before 1:30 p.m. - further review

Coming home, checking for touches at 5:30 p.m. - CARD PRODUCTION ORDERED !!!!

Thank you All on Visajourney for your inputs, experiences and thoughts!!!

02/09/2011 - Yup another e-mail saying that my card production was ordered.

02/10/2011 - E-mail notification "Approval letter was sent today"

02/14/2011 - Welcome Letter / Approval NOA and Card (separate envelope) received!!! :D

Late November 2012 (have to look up my receipts ;) - mailed in ROC I-751

12/12/2012 - NOA 1, status extension received

12/18/2012 - Biometrics appointment letter received

01/08/2013 - Biometrics done

Share this post

Link to post
Share on other sites

Wow!! This looks like more than enough...but as someone said recently " whenever in doubt, kill them with paper". Looks like you have a good case, you should approved in no time...unless you get a RFE

Good Luck on your journey :-)

05.03.11 - Got Married

05.05.11 - Filed I-485, I-130 and I-765
06.08.11 - Biometric Done
07.27.11 - Mailed RFE to Lee's Summit MO(Express)
08.12.11 - EAD IN HAND!!! WOOHOO!!
09.16.11 - INTERVIEW(No Decision on Spot, IO wrote in Passport"CR6 A# I-485 pending IO (name) USCIS LNY Section 245"
10.26.11 - Stokes Interview at 26 Federal Plaza


08.01.13 - Mailed ROC Packet to VSC

08.14.13 - Biometric Appointment Letter Received

09.03.13 - Biometric Completed

09.17.13 - Case Transferred to CSC

11.01.13 - CSC Transferred Case to Local Office to Schedule Interview

12.31.13 - Received Appointment Notice from Local Office (Long Island City). Interview on 01.16.14

01.16.14 - I-751 Interview

01.16.14 - Approved on Spot!! :-) Passport Stamped!



07.29.14 - Mailed N400 Packet to TX

08.05.14 - Case Received (Text message)

08.09.14 - Received I-797C

08.16.14 - Received Biometric Appointment Letter

08.29.14 - Biometric Appointment

02.17.15 - Interview - APPROVED

02.26.15 - Naturalization Ceremony

Share this post

Link to post
Share on other sites
Filed: IR-1/CR-1 Visa Country: China

any changeup in life insurance, payable on death instructions ?

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !


Share this post

Link to post
Share on other sites

Look good, but I don't see the need for the note about your reasons for why you plan to have 2 weddings, or anything like that. And, I hate to break it to you, but your new period of authorized stay only begins when they issue the NOA1, not when it physically arrives to the mailroom. That usually takes a week, but can take more. So either way she is going to have a lot of overstay, but people adjust successfully when they have overstayed for 10 years or more. Good luck.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

5/23/12: Sent out package
2/06/13: APPROVED!

Share this post

Link to post
Share on other sites
Filed: IR-1/CR-1 Visa Country: Vietnam

You will need a certified copy of the marriage certificate from the jurisdiction (city or county) where the legal marriage takes place. Be sure to include this proof that you've married. Without it, there is no basis for the adjustment of status.

The overstay will be forgiven as long as she doesn't leave the US until the GC or Advance Parole is received.

Affidavits from family members and friends don't mean a lot. Why would your family say anything bad? And if they did, why would you submit it?

Send information explaining the development of your relationship so that the adjudicating officer can see that this is a bona fide relationship, not a marriage to gain an immigration benefit. This may be more than a paragraph or two.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318


PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Share this post

Link to post
Share on other sites
Filed: Other Country: Guyana

I think this is the forum for this question, and I hope someone here can answer this question for me....

I am the petitioner for my husband.

(1) He entered and was issued an I-94 in 2004.

(2) He was paroled into the country for asylum proceedings and was denied in asylum in 2005. We believe an order of removal was issued to his attorney in Miami, but he has no record of what it said. He has lived in NY since.

(3) We got married in 2012 and filed the I-130 and it was approved in about 6 months.

(4) In August 2016 we filed the I-485 and I-765. Biometrics, fingerprints, all completed.

(5) In September 2016 we received the 1st RFE letter asking for financial information and the I-864 form.

(6) In November 2016 we received a 2nd RFE asking for 12 months of bank statements. We are sending that tomorrow.

Here are the Qs:

Is he in what is considered "removal proceedings?"

We anticipated that we would have to go back and reopen the asylum case (motion to reopen) and show the new evidence of our marriage.

Since we are now on our 2nd RFE, does that mean we will not be required to reopen the case? Would they continue to ask for information if they would deny and send us back to the beginning?

Should we send in the 601?

Share this post

Link to post
Share on other sites
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
  • Create New...