Simple questions @ possible denial of AOS from K1

[Balamban 113]

If, in the worst case scenario, our AOS is denied on a K1, is starting over as CR1?

 

2nd Question:  Sworn affidavits from others with personal knowledge of the validity of marriage:

 

Would a sworn affidavit from the Justice of Peace who performed the ceremony be worth getting?    Since she signed the papers for our wedding ceremony this may simply be redundant.

 

Thanks

[mushroomspore 3,043]

Very unlikely to be denied unless the K1 beneficiary is discovered to be some sort of criminal mastermind who's been able to live a successful double life or some other extreme case. So unlikely that it's not worth thinking about.

 

Affidavits testifying to the relationship are wesk evidence. And yes that would be redundant.

[C90 376]

10 minutes ago, Balamban said:

If, in the worst case scenario, our AOS is denied on a K1, is starting over as CR1?

 

2nd Question:  Sworn affidavits from others with personal knowledge of the validity of marriage:

 

Would a sworn affidavit from the Justice of Peace who performed the ceremony be worth getting?    Since she signed the papers for our wedding ceremony this may simply be redundant.

 

Thanks

I remember you got an RFE after AOS interview but it's still a little unclear why. 

 

If AOS is denied you can re-apply, but you need to figure out why it was denied. If they don't believe you entered marriage in good faith you need some real strong evidence before you re-apply. Also, maybe read this https://www.alllaw.com/articles/nolo/us-immigration/options-adjustment-status-to-permanent-resident-denied.html. It basically states what I just said, but has some more info. Obviously ignore the part of 'leaving the states while waiting for a new decision I-485', the link is more for guidance.

 

Getting a sworn affidavit from the Justice of Peace is no evidence that the marriage is entered in good faith, just that you're legally married. Unless the Justice of Peace is a really good friend of yours that you've known for years.

Edited February 18, 2019 by C90

[Balamban 113]

Thanks mushroomspore, but it really, really does not feel like something "not worth thinking about."

 

Apparently we got a "stokes interview," therefore marriage fraud is suspected. 

 

It quite feels like a RFE is a preliminary to a denial.    

 

Thanks for the affidavits as being "weak evidence," well get 2-3 anyway from unrelated people, one from a neighbor, one from a tenant who rents from us and one from an English teacher where my wife is learning English and who asked me to take a group on a woodlands trip which included, by the way, identifying and collecting wild mushrooms--grifola frondosa.

 

The RFE asks for evidence such as documents of ownership of property, joint bank accounts, joint bills,  Do we need to send originals or are photocopies ok?

 

The RFE asks for proof of legal end of my prior marriage.  Do we need a formal, original, divorce certificate + "long-form version of the court form proceedings" or can photocopies of either suffice?

 

[C90 376]

10 minutes ago, Balamban said:

Thanks mushroomspore, but it really, really does not feel like something "not worth thinking about."

 

Apparently we got a "stokes interview," therefore marriage fraud is suspected. 

 

It quite feels like a RFE is a preliminary to a denial.    

 

Thanks for the affidavits as being "weak evidence," well get 2-3 anyway from unrelated people, one from a neighbor, one from a tenant who rents from us and one from an English teacher where my wife is learning English and who asked me to take a group on a woodlands trip which included, by the way, identifying and collecting wild mushrooms--grifola frondosa.

 

The RFE asks for evidence such as documents of ownership of property, joint bank accounts, joint bills,  Do we need to send originals or are photocopies ok? 

 

The RFE asks for proof of legal end of my prior marriage.  Do we need a formal, original, divorce certificate + "long-form version of the court form proceedings" or can photocopies of either suffice? 

For all of the above, the RFE usually states EXACTLY what you need to provide. If it states photocopies, just provide that. If it states originals, you MUST send originals or they can deny your response. Joint bills / bank account statement is just print and send. Make sure to send all the bills/statements from the moment your wife was added.

[Balamban 113]

Thank you C90, oddly this RFE does not state either photocopies, nor does it state anywhere "originals."  

 

In the entire RFE the only place it states one or the other is in the last paragraph where it states:

 

"Please include a copy of this letter with your response."  

 

I guess this means go and buy originals of any document.  I think I have enough time to do that.

 

Odd

[carmel34 3,531]

Photocopies of documents are sufficient unless specifically asked to provide "originals" on the RFE.  If you have a second interview, take the originals with you for inspection if asked.  For proof of end of a prior marriage, a certified copy of the divorce decree, all pages, will be necessary.  You can get this from the county clerk's office, and it requires an official stamp from the court to certify it, this varies by state.  Send exactly what the RFE asks for.  Good luck!

[Balamban 113]

Thank you carmel34.