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eckoin

Sending only the marriage license without proof of bona fide marriage

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Out of curiosity--what happens if a marriage based AOS package includes only the marriage license for I-130, and not any other proof? Meaning, the proof will just be shown at the interview, but not submitted with the forms when mailed? 

 

Can you get an RFE for that? Or I guess outright denied under new guidelines?

 

Or are you just making your interview more difficult by not being immediately upfront? 

 

I-130 does request "at least one of the following" documents as proof. I've seen it mentioned a few times that some lawyers have recommended just the marriage license anyway. I suppose one could also throw in an affidavit from a friend and complete the "at least one" requirement from the list. Still possible RFE/denial? 


Adjusting from TN to GC as spouse of USC

2015-07-24: TN received at CBP

2015-11-23: TN received at CBP - employer change

2017-06-12: Married

2017-08-15: First child

2018-06-25: Mailed I-485, I-864, I-130/I-130A, and I-765 to USCIS

2018-07-03: NOA1 for I-485, I-130, and I-765

2018-07-24: Biometrics appointment

2018-07-25: Biometrics review completed

2018-08-28: Expedite request submitted for EAD via USCIS support line

2018-08-31: Request for additional information for EAD expedite mailed by USCIS

2018-09-07: Request for additional information for EAD expedite received in the mail

2018-09-07: Additional information for EAD expedite faxed to USCIS

2018-09-10: Mailed I-131 to USCIS

2018-09-14: EAD approved

2018-09-18: EAD approval notice received in the mail 

2018-09-18: EAD card was mailed 

2018-09-20: NOA1 for I-131

2018-09-21: EAD and SSN received in the mail

2018-10-11: Case is ready to be scheduled for interview

2018-10-31: Interview is scheduled

2018-11-21: TN expired

2018-12-11: AOS Interview - approved 

2018-12-11: Card is being produced 

2018-12-13: Card was mailed 

2018-12-18: Card received in the mail

------------------

2020-12-11: Conditional green card expires 

 

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7 minutes ago, eckoin said:

Out of curiosity--what happens if a marriage based AOS package includes only the marriage license for I-130, and not any other proof? Meaning, the proof will just be shown at the interview, but not submitted with the forms when mailed? 

 

Can you get an RFE for that? Or I guess outright denied under new guidelines?

 

Or are you just making your interview more difficult by not being immediately upfront? 

 

I-130 does request "at least one of the following" documents as proof. I've seen it mentioned a few times that some lawyers have recommended just the marriage license anyway. I suppose one could also throw in an affidavit from a friend and complete the "at least one" requirement from the list. Still possible RFE/denial? 

your only going to to make the AOS harder if you only send in just the marriage lic, granted affidavit letters are secondary evidence, but even newly married couples who live apart doing the I-130 have more evidence than that.

 

With the new guidelines, you could either get a RFE or be denied.  I have yet to see someone outright denied and not given a chance to correct it with a RFE, but you will surely cause a delay in your case by not providing more.

 

Pictures of wedding, trips together, spouse adding to life insurance, or 401K, living will, beneficiary, listed as emergency contact, listed on the car insurance, added to bank accounts......the list goes on and on.

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25 minutes ago, eckoin said:

Out of curiosity--what happens if a marriage based AOS package includes only the marriage license for I-130, and not any other proof? Meaning, the proof will just be shown at the interview, but not submitted with the forms when mailed? 

Can you get an RFE for that? Or I guess outright denied under new guidelines?

Or are you just making your interview more difficult by not being immediately upfront? 

I-130 does request "at least one of the following" documents as proof. I've seen it mentioned a few times that some lawyers have recommended just the marriage license anyway. I suppose one could also throw in an affidavit from a friend and complete the "at least one" requirement from the list. Still possible RFE/denial? 

At the very least you will get a RFE at most you will get denied. 

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I’m also wondering since I just sent my AOS package with only the marriage certificate. I however have an approved I-130 for which we submitted a bunch of bona fide evidences. Therefore, in the AOS package we just think the approval notice of I-130 is sufficient. BTW, I’m under F2A so I couldn’t file concurrently.

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Posted (edited)
1 hour ago, eckoin said:

Out of curiosity--what happens if a marriage based AOS package includes only the marriage license for I-130, and not any other proof? Meaning, the proof will just be shown at the interview, but not submitted with the forms when mailed? 

 

Can you get an RFE for that? Or I guess outright denied under new guidelines?

 

Or are you just making your interview more difficult by not being immediately upfront? 

 

I-130 does request "at least one of the following" documents as proof. I've seen it mentioned a few times that some lawyers have recommended just the marriage license anyway. I suppose one could also throw in an affidavit from a friend and complete the "at least one" requirement from the list. Still possible RFE/denial? 

That's all we sent for the I-130/I-129F (K3 awhile back LOL) but our AOS package at least had joint credit card, car insurance, my health insurance, joint bank account, her name on our lease, and had her listed as life insurance / retirement beneficiary and we still got an interview and he still checked our credit card numbers (copied them) and compared our house keys on our keyrings. 

You guys need more than just a marriage cert if you are already in the US.  The "bonafide" bar is higher for adjusting couples than it is for overseas spouses.  They catch "bonafide" later at ROC stage.

Edited by Nitas_man

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1 hour ago, issea said:

I’m also wondering since I just sent my AOS package with only the marriage certificate. I however have an approved I-130 for which we submitted a bunch of bona fide evidences. Therefore, in the AOS package we just think the approval notice of I-130 is sufficient. BTW, I’m under F2A so I couldn’t file concurrently.

Isn't the bona fide marriage proof only for I-130? I thought I-485 didn't require any. Maybe that's why I remember reading these things (lawyers suggesting only the marriage license), maybe the I-130 was already approved in those cases or it was a K1 which if I understand correctly doesn't require I-130. Hmm. 

 

52 minutes ago, Nitas_man said:

That's all we sent for the I-130/I-129F (K3 awhile back LOL) but our AOS package at least had joint credit card, car insurance, my health insurance, joint bank account, her name on our lease, and had her listed as life insurance / retirement beneficiary and we still got an interview and he still checked our credit card numbers (copied them) and compared our house keys on our keyrings. 

You guys need more than just a marriage cert if you are already in the US.  The "bonafide" bar is higher for adjusting couples than it is for overseas spouses.  They catch "bonafide" later at ROC stage.

I mean, either way you'll need to show all that stuff. I'm just curious about not sending anything with the packet except a marriage certificate. I've never seen an example of an RFE for bona fide marriage, but that's possibly because no one actually does that? I could have sworn I've seen examples where someone did that at the advice of their lawyer, but the details may be fuzzy as above. 


Adjusting from TN to GC as spouse of USC

2015-07-24: TN received at CBP

2015-11-23: TN received at CBP - employer change

2017-06-12: Married

2017-08-15: First child

2018-06-25: Mailed I-485, I-864, I-130/I-130A, and I-765 to USCIS

2018-07-03: NOA1 for I-485, I-130, and I-765

2018-07-24: Biometrics appointment

2018-07-25: Biometrics review completed

2018-08-28: Expedite request submitted for EAD via USCIS support line

2018-08-31: Request for additional information for EAD expedite mailed by USCIS

2018-09-07: Request for additional information for EAD expedite received in the mail

2018-09-07: Additional information for EAD expedite faxed to USCIS

2018-09-10: Mailed I-131 to USCIS

2018-09-14: EAD approved

2018-09-18: EAD approval notice received in the mail 

2018-09-18: EAD card was mailed 

2018-09-20: NOA1 for I-131

2018-09-21: EAD and SSN received in the mail

2018-10-11: Case is ready to be scheduled for interview

2018-10-31: Interview is scheduled

2018-11-21: TN expired

2018-12-11: AOS Interview - approved 

2018-12-11: Card is being produced 

2018-12-13: Card was mailed 

2018-12-18: Card received in the mail

------------------

2020-12-11: Conditional green card expires 

 

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1 minute ago, eckoin said:

Isn't the bona fide marriage proof only for I-130? I thought I-485 didn't require any. Maybe that's why I remember reading these things (lawyers suggesting only the marriage license), maybe the I-130 was already approved in those cases or it was a K1 which if I understand correctly doesn't require I-130. Hmm. 

 

I mean, either way you'll need to show all that stuff. I'm just curious about not sending anything with the packet except a marriage certificate. I've never seen an example of an RFE for bona fide marriage, but that's possibly because no one actually does that? I could have sworn I've seen examples where someone did that at the advice of their lawyer, but the details may be fuzzy as above. 

We were interviewed at AOS stage and all the stuff we sent with the I-485 still wasn't enough.  I noticed the IO had the whole package too. 

That was after (2) approved petitions.  Our petitions only included the basics - ID and marriage certificate only.  We didn't have much else because she lived overseas. 

The IO also dug through our wedding album and some other pics we brought to the interview.  Just have as much stuff ready as possible.

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@Nitas_man sorry for the confusion, I already have my green card, and I did send proof with my packet and brought additional proof to the interview (no pictures though, not picture people :))

 

I just saw a discussion elsewhere about "technically" only the marriage certificate being required and was wondering. 

 

Based on the replies here (and my personal opinion, but it only goes so far), not sending any proof, or even just unsatisfactory proof like a single affidavit from a friend, is grounds for RFE or denial. I'm just wondering how I've never seen such an RFE (for bona fide marriage proof specifically), since I remember seeing at least one such case. 


Adjusting from TN to GC as spouse of USC

2015-07-24: TN received at CBP

2015-11-23: TN received at CBP - employer change

2017-06-12: Married

2017-08-15: First child

2018-06-25: Mailed I-485, I-864, I-130/I-130A, and I-765 to USCIS

2018-07-03: NOA1 for I-485, I-130, and I-765

2018-07-24: Biometrics appointment

2018-07-25: Biometrics review completed

2018-08-28: Expedite request submitted for EAD via USCIS support line

2018-08-31: Request for additional information for EAD expedite mailed by USCIS

2018-09-07: Request for additional information for EAD expedite received in the mail

2018-09-07: Additional information for EAD expedite faxed to USCIS

2018-09-10: Mailed I-131 to USCIS

2018-09-14: EAD approved

2018-09-18: EAD approval notice received in the mail 

2018-09-18: EAD card was mailed 

2018-09-20: NOA1 for I-131

2018-09-21: EAD and SSN received in the mail

2018-10-11: Case is ready to be scheduled for interview

2018-10-31: Interview is scheduled

2018-11-21: TN expired

2018-12-11: AOS Interview - approved 

2018-12-11: Card is being produced 

2018-12-13: Card was mailed 

2018-12-18: Card received in the mail

------------------

2020-12-11: Conditional green card expires 

 

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So you're asking just for the sake of asking not because it pertains to you?

 

Depends on the visa being adjusted from.

 

If K1, then no you don't need to send anything but you can

 

If from visitor, work, or student visa then evidence should be sent or else it is possible to get an RFE or even denied as you're not sending the basics. 


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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26 minutes ago, NikLR said:

So you're asking just for the sake of asking not because it pertains to you?

 

Depends on the visa being adjusted from.

 

If K1, then no you don't need to send anything but you can

 

If from visitor, work, or student visa then evidence should be sent or else it is possible to get an RFE or even denied as you're not sending the basics. 

Gotcha, I must have been thinking about a K1 case. And yes I was just wondering, after seeing a similar question elsewhere.


Adjusting from TN to GC as spouse of USC

2015-07-24: TN received at CBP

2015-11-23: TN received at CBP - employer change

2017-06-12: Married

2017-08-15: First child

2018-06-25: Mailed I-485, I-864, I-130/I-130A, and I-765 to USCIS

2018-07-03: NOA1 for I-485, I-130, and I-765

2018-07-24: Biometrics appointment

2018-07-25: Biometrics review completed

2018-08-28: Expedite request submitted for EAD via USCIS support line

2018-08-31: Request for additional information for EAD expedite mailed by USCIS

2018-09-07: Request for additional information for EAD expedite received in the mail

2018-09-07: Additional information for EAD expedite faxed to USCIS

2018-09-10: Mailed I-131 to USCIS

2018-09-14: EAD approved

2018-09-18: EAD approval notice received in the mail 

2018-09-18: EAD card was mailed 

2018-09-20: NOA1 for I-131

2018-09-21: EAD and SSN received in the mail

2018-10-11: Case is ready to be scheduled for interview

2018-10-31: Interview is scheduled

2018-11-21: TN expired

2018-12-11: AOS Interview - approved 

2018-12-11: Card is being produced 

2018-12-13: Card was mailed 

2018-12-18: Card received in the mail

------------------

2020-12-11: Conditional green card expires 

 

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Posted (edited)
4 hours ago, eckoin said:

@Nitas_man sorry for the confusion, I already have my green card, and I did send proof with my packet and brought additional proof to the interview (no pictures though, not picture people :))

 

I just saw a discussion elsewhere about "technically" only the marriage certificate being required and was wondering. 

 

Based on the replies here (and my personal opinion, but it only goes so far), not sending any proof, or even just unsatisfactory proof like a single affidavit from a friend, is grounds for RFE or denial. I'm just wondering how I've never seen such an RFE (for bona fide marriage proof specifically), since I remember seeing at least one such case. 

I have participated in those discussions and they were related to I130's filed for overseas spouses when there is little to no co-mingling or other things that could be considered proof of bonafide marriage.  I typically advise more when the spouses live together in the US and are adjusting status.  K1's can go either way but it is always suggested to go ahead and do whatever you can to co-mingle your household before submitting the package.

I never advise affidavits.  Anyone can get some friends or relatives to say anything and I have always doubted that they carry any weight with an IO.

Edited by Nitas_man

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1 hour ago, Nitas_man said:

I have participated in those discussions and they were related to I130's filed for overseas spouses when there is little to no co-mingling or other things that could be considered proof of bonafide marriage.  I typically advise more when the spouses live together in the US and are adjusting status.  K1's can go either way but it is always suggested to go ahead and do whatever you can to co-mingle your household before submitting the package.

I never advise affidavits.  Anyone can get some friends or relatives to say anything and I have always doubted that they carry any weight with an IO.

The one I'm thinking of was AOS from within the US, and the lawyer instructed them to only include the marriage license and to begin compiling evidence for the interview. But it may have been K1. I specifically recall the poster saying that they had plenty of proof, but were advised to hold off. 

 

For what it's worth, our IO looked at exactly two things we provided:

 

1. Our Airbnb records, possibly because she was using it for her own plans and we could chip in for recommendations

 

2. The affidavit from my husband's/sponsor's parents, though we had three affidavits total. 

 

Everything else she just hole-punched and put into the binder. I wouldn't go so far as to not recommend affidavits. If you can get good ones, why not? Some officers seem to appreciate it. 


Adjusting from TN to GC as spouse of USC

2015-07-24: TN received at CBP

2015-11-23: TN received at CBP - employer change

2017-06-12: Married

2017-08-15: First child

2018-06-25: Mailed I-485, I-864, I-130/I-130A, and I-765 to USCIS

2018-07-03: NOA1 for I-485, I-130, and I-765

2018-07-24: Biometrics appointment

2018-07-25: Biometrics review completed

2018-08-28: Expedite request submitted for EAD via USCIS support line

2018-08-31: Request for additional information for EAD expedite mailed by USCIS

2018-09-07: Request for additional information for EAD expedite received in the mail

2018-09-07: Additional information for EAD expedite faxed to USCIS

2018-09-10: Mailed I-131 to USCIS

2018-09-14: EAD approved

2018-09-18: EAD approval notice received in the mail 

2018-09-18: EAD card was mailed 

2018-09-20: NOA1 for I-131

2018-09-21: EAD and SSN received in the mail

2018-10-11: Case is ready to be scheduled for interview

2018-10-31: Interview is scheduled

2018-11-21: TN expired

2018-12-11: AOS Interview - approved 

2018-12-11: Card is being produced 

2018-12-13: Card was mailed 

2018-12-18: Card received in the mail

------------------

2020-12-11: Conditional green card expires 

 

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Posted (edited)
6 hours ago, eckoin said:

Isn't the bona fide marriage proof only for I-130? I thought I-485 didn't require any. Maybe that's why I remember reading these things (lawyers suggesting only the marriage license), maybe the I-130 was already approved in those cases or it was a K1 which if I understand correctly doesn't require I-130. Hmm. 

That is what I understand too. I read twice the instruction for I-485, there is no single place mentions proof for bona fide relationship for family based case. Just don't freak me out since I didn't put any there. My simple thoughts would be that the whole package won't be pre-reviewed thoroughly before the interview takes place. So one just needs gather those materials at the time of interview. 

Edited by issea

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We included a copy of the marriage license, previous divorce documents, our son's birth certificate, and notarized affidavits from my parents and a couple of long-term friends in our I-130 application.  A friend of mine (who went through the process w/her husband) advised us to prep our proof for the interview.  I freaked out after the fact when I saw that other people submitted so much at the beginning of the process, but we got our approval letter just recently.  Whew!  


Petitioner: USC | Applicant: B2 | (c)9 AOS (Marriage)

07/31/18: Filed I-130, I-130A

08/01/18: Delivered Potomac Processing Center

08/07/18: Text/Mail Notifications (for I-130)

08/14/18: Hard Copy NOA (for I-130)

08/24/18: Mailed I-485, I-765, I-864

08/27/18: Delivered

08/31/18: Filed

09/04/18: Text Notifications (for I-485, I-765, I-864)

09/06/18: Hard Copy NOA (for I-485, I-765, I-864)

09/14/18: Biometrics letter rec'd

09/26/18: Biometrics appt completed

10/02/18: Ready for interview to be scheduled.

12/18/18: Form I-130 APPROVED!

...Waiting....

 

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On 1/3/2019 at 8:08 AM, eckoin said:

Out of curiosity--what happens if a marriage based AOS package includes only the marriage license for I-130, and not any other proof? Meaning, the proof will just be shown at the interview, but not submitted with the forms when mailed? 

 

Can you get an RFE for that? Or I guess outright denied under new guidelines?

 

Or are you just making your interview more difficult by not being immediately upfront? 

 

I-130 does request "at least one of the following" documents as proof. I've seen it mentioned a few times that some lawyers have recommended just the marriage license anyway. I suppose one could also throw in an affidavit from a friend and complete the "at least one" requirement from the list. Still possible RFE/denial? 

Great question. Here are my humble 2 cents. Folks adjusting from K-1 just need to send in their marriage certificate. Though, as of late, I see more k-1 AOS folks sending in more than just their marriage certificate. Why? Because it makes their lives easier. :)

 

Folks adjusting from non K-1 visas, who front-load their evidence of bona fide marriage tend to have smoother interviews; especially if they have a long relationship history and they showcase that with their evidence. 

 

The I-130 instructions state on page 3/12:

"Evidence. At the time of filing, you must submit all evidence and supporting documentation listed in the General Requirements section of these Instructions. USCIS may issue a Notice of Intent to Deny (NOID) or a Denial Notice for petitions filed without the required supporting evidence."

 

Then, on page 7/12:

"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"

 

So technically, the evidence of bona fide marriage is considered required initial evidence. The NOID disclaimer has been there for years. However, USCIS has not consistently enforced that measure. With the new policy, it may very well go straight to a NOID. 

 

I have seen folks, who did not front load and did not state clearly what their evidence meant, get a NOID in a different forum. 1mm1help. Among those was a couple whose interview took place after their 2 year marriage anniversary. The officer did not entertain the interview and scheduled them for a Stokes interview. They had sent in some evidence but not a lot. It was not consistent. Then, they brought as much evidence as they could with them to the Stokes interview. The interview went fine and they took the opportunity to submit all the evidence they had brought in, and were approved

 

ficers have ample discretion. I'd advise everyone to err on the side of caution and send in everything but the kitchen sink.

 

 

 

 

 

 


Marriage-based AOS - Concurrent filing.
03/14/2018 - AOS package sent via FedEx to Chicago Lockbox.
03/16/2018 - FedEx confirmation of delivery to USCIS.
03/28/2018 - Four Email/Text notifications 11:18pm; 11:21pm; 11:24pm; 11:27pm.
04/02/2018 - Four I-797 Notice of Action letters received by mail.
04/06/2018 - Biometrics Appointment Notice for 04/18/17.
04/12/2018 - Biometrics Walk-in - Mission accomplished.
04/13/2018 - "We reviewed your biometrics and are still processing your case" - updated 04/15/2018

04/23/2018 - "Case is ready to be scheduled for an interview"

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