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How Important is Evidence of Bona Fide Marriage?

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For a K1 visa holder applying for AOS, how important is it to have the evidence of bona fide marriage? I have everything else I need now (like the certified copy of marriage certificate that I was waiting on) except for that.

 

We applied for his SSN almost a month ago and it still hasn't come in, so I haven't been able to put him on my lease, bank account, insurance, etc. And without those, my only evidence would be photographs of our wedding and of living together, which from experience is just "secondary" evidence.

 

And because of how long this process is currently taking, we'd like to file as soon as possible to get the clock started, but not if it means a possible RFE or rejection. So what have other people in here done? Do we absolutely need that evidence, or is it really only important for applying for Removal of Conditions?


***K-1 Visa***

NOA1:         03/01/18 (old site)

                     03/06/18 (new site)

NOA2:         09/04/18

Interview:   12/27/18

Visa Rcvd:   01/09/19

POE Date:    01/27/19

Married:       02/22/19

 

***Adjustment of Status***

Sent:             03/07/19

Received:     03/11/19

 

============================================

Case Status Online: https://egov.uscis.gov/casestatus

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2 minutes ago, crono_clone said:

For a K1 visa holder applying for AOS, how important is it to have the evidence of bona fide marriage? I have everything else I need now (like the certified copy of marriage certificate that I was waiting on) except for that.

 

We applied for his SSN almost a month ago and it still hasn't come in, so I haven't been able to put him on my lease, bank account, insurance, etc. And without those, my only evidence would be photographs of our wedding and of living together, which from experience is just "secondary" evidence.

 

And because of how long this process is currently taking, we'd like to file as soon as possible to get the clock started, but not if it means a possible RFE or rejection. So what have other people in here done? Do we absolutely need that evidence, or is it really only important for applying for Removal of Conditions?

 

I would advise you to wait, if you can, until you have strong documentation of fiscal ties, ie. bank accounts, lease, etc.  The pictures are helpful, but the government definitely weighs legal obligations (taxes, banks, loans, utlity bills etc) more heavily, then comes sworn affidavits from family members, mail.  In my opinion, it would be better to do the AOS later with a stronger application, of course that is if you still have time in your window.

 

 

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I was denied SSN, yet we were able to put my name on almost everything:

 

- Joint insurance 

- Joint bank account (Chase doesn't require SSN)

- Joint T Mobile account (my husband is the primary holder)

- My name on utilities 

 

Looks like you're in Cali too, so that shouldn't be a problem.

 

We also attached pictures, hotels, plane tickets from before and after marriage, and I also had 4 affidavits from friends and family confirming they are aware we are a real couple and have a bona fide marriage.

 

Hope it helps!

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Posted (edited)
6 minutes ago, Becci391 said:

That is proof for ROC but not for AOS.

 

For AOS, people only need the marriage certificate.

I'm applying for AOS right now....sadly, seen some denials and RFE's for lack of evidence. Multiple sources have advised that I attach these things, so I figured I'm better off overdoing it now than wasting time replying to RFE's or re-applying later :) 

 

They recently had a new law implemented that allows denying "empty" or "placeholder" petitions without RFE's. There were a lot of people sending in almost no evidence and then working on collecting evidence while waiting, then receive RFE and submit all their stuff. USCIS put an end to this. 

Edited by stacyt

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I would advise you to apply for AOS immediately. Timelines are long and no one expects you to have a ton of evidence after being married for such a short time. You need to send exactly what you're told to send in the I-485 instructions - just follow that list, and do it thoroughly. They will ask you to bring a ton of stuff to your GC interview, but that might be a year or so out. A lot of things can change in that time.


Swedish/American couple, met at university, eventually filed the I-129F petition in 2017.

K1 NOA1: 9/12/2017. NOA2: 3/10/2018. Case # Assigned: 3/28/2018. Embassy Received: 3/29/2018. Medical: 4/18/2018. Interview: 5/3/2018. VOH: 5/8/2018. US Entry (POE JFK): 5/24/2018.

 

AOS Package Sent: 6/4/2018. NOA1/Received Date: 6/5/2018. e-Notified: 6/11/2018. NOA1 Hardcopy: 6/14/2018. Biometrics Appt: 6/28/2018. I-485 Ready to be Scheduled for Interview: 7/25/2018. I-765 Card in Production: 9/19/2018. I-765 Card Mailed: 9/21/2018. I-765/I-131 Combo Card Received: 9/25/2018. GC Interview Scheduled: X/XX/2019. GC Interview: X/XX/2019.

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25 minutes ago, stacyt said:

I'm applying for AOS right now....sadly, seen some denials and RFE's for lack of evidence. Multiple sources have advised that I attach these things, so I figured I'm better off overdoing it now than wasting time replying to RFE's or re-applying later :) 

 

They recently had a new law implemented that allows denying "empty" or "placeholder" petitions without RFE's. There were a lot of people sending in almost no evidence and then working on collecting evidence while waiting, then receive RFE and submit all their stuff. USCIS put an end to this. 

Show me the RFEs and denials for marriage evidence please.....

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44 minutes ago, stacyt said:

I'm applying for AOS right now....sadly, seen some denials and RFE's for lack of evidence. Multiple sources have advised that I attach these things, so I figured I'm better off overdoing it now than wasting time replying to RFE's or re-applying later :) 

 

They recently had a new law implemented that allows denying "empty" or "placeholder" petitions without RFE's. There were a lot of people sending in almost no evidence and then working on collecting evidence while waiting, then receive RFE and submit all their stuff. USCIS put an end to this. 

From k1?? Never heard of it..


Check your case status at the new website : https://myaccount.uscis.dhs.gov

USPS INFORMED DELIVERY https://informeddelivery.usps.com/box/pages/intro/start.action

 

How to talk to a live person at USCIShttps://goo.gl/54z5bZ

What to do after NOA2 Approval? How to contact NVCClick here for info - https://goo.gl/KggThF

If you cannot get NVC on the phone try this - https://secureforms.travel.state.gov/ask-nvc.php

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Posted (edited)
11 minutes ago, Naes said:

From k1?? Never heard of it..

They are referring to the September 11th, 2018 change that USCIS implemented for illegal immigrants just filing ANY form to stay their removal proceedings. They would file for ANY immigration benefit that did not even apply to them thus tying up immigration because immigration legally had to send an RFE first instead of an NOID. 

That has no context here because we are all entitled to Adjust our Status. 

You cannot get an RFE for lack of evidence of bonafide marriage with your i485 application. If they could issue an RFE, the full list of evidence of marriage documents would have to be provided with the I485 instructions rather than with your interview letter.

Edited by K1visaHopeful

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Posted (edited)

The only thing I have seen pertaining to AOS applications are RFIEs, requests for initial evidence, which translates to two things. Either, you missed attaching something that was actually asked for in the I-485 instructions, such as marriage certificate. Or, your adjudicator messed up, such as not understanding your BC for example. A Brit once got an RFIE for an "English translation" of her handwritten BC... stupid things like that. This can be avoided by reading up on your country's forum before you apply.

 

They will never send an RFIE for something they did not specifically ask for. And they don't specifically ask for evidence of bonafide marriage.

Edited by LizM

Swedish/American couple, met at university, eventually filed the I-129F petition in 2017.

K1 NOA1: 9/12/2017. NOA2: 3/10/2018. Case # Assigned: 3/28/2018. Embassy Received: 3/29/2018. Medical: 4/18/2018. Interview: 5/3/2018. VOH: 5/8/2018. US Entry (POE JFK): 5/24/2018.

 

AOS Package Sent: 6/4/2018. NOA1/Received Date: 6/5/2018. e-Notified: 6/11/2018. NOA1 Hardcopy: 6/14/2018. Biometrics Appt: 6/28/2018. I-485 Ready to be Scheduled for Interview: 7/25/2018. I-765 Card in Production: 9/19/2018. I-765 Card Mailed: 9/21/2018. I-765/I-131 Combo Card Received: 9/25/2018. GC Interview Scheduled: X/XX/2019. GC Interview: X/XX/2019.

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Just now, LizM said:

The only thing I have seen pertaining to AOS applications are RFIEs, requests for initial evidence, which translates to two things. Either, you missed attaching something from the I-485 instructions, such as marriage certificate. Or, your adjudicator messed up, such as not understanding your BC for example. A Brit once got an RFIE for an "English translation" of her handwritten BC... stupid things like that. This can be avoided by reading up on your country's forum before you apply.

 

They will never send an RFIE for something they did not specifically ask for. And they don't specifically ask for evidence of bonafide marriage.

Exactly. RFE/RFIEs are issued for REQUIRED documents. Evidence of bonafide marriage is not a requirement. Only the MCs are required as stated in the instructions.

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16 minutes ago, K1visaHopeful said:

They are referring to the September 11th, 2018 change that USCIS implemented for illegal immigrants just filing ANY form to stay their removal proceedings. They would file for ANY immigration benefit that did not even apply to them thus tying up immigration because immigration legally had to send an RFE first instead of an NOID. 

That has no context here because we are all entitled to Adjust our Status. 

You cannot get an RFE for lack of evidence of bonafide marriage with your i485 application. If they could issue an RFE, the full list of evidence of marriage documents would have to be provided with the I485 instructions rather than with your interview letter.

I know what they’re referring to, but as you pointed never heard of k1 getting rfe for lack of evidence of bonafide evidence at that stage.


Check your case status at the new website : https://myaccount.uscis.dhs.gov

USPS INFORMED DELIVERY https://informeddelivery.usps.com/box/pages/intro/start.action

 

How to talk to a live person at USCIShttps://goo.gl/54z5bZ

What to do after NOA2 Approval? How to contact NVCClick here for info - https://goo.gl/KggThF

If you cannot get NVC on the phone try this - https://secureforms.travel.state.gov/ask-nvc.php

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Posted (edited)

Before USCIS started interviewing EVERYONE for aos, some people adjusting from k1 could get rfe wanting more evidence of bonafide marriage, and that would save them from an interview. Now there’s no point to send anything extra, other than the marriage certificate, which as already said, is the only required doc for the aos regarding marriage proof

 

Edit: i would very much like to see all these rfe and denials for not sending proof... 

Edited by p-ana

07/09/2018: ROC packet sent with USPS 2-day priority shipping

07/11/2018: ROC packet delivered to the Vermont Service Center

07/16/2018: NOA1 received by mail with 18 months extension (notice date 7/12 and check cashed)

08/07/2018: Biometrics appointment letter received by mail (notice date 7/27)

08/13/2018: Biometrics appointment at east Hartford, ct

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