How Important is Evidence of Bona Fide Marriage?

[Liflead 112]

13 hours 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?

Was the SSN applied after or before the marriage? How many days after the entry of the beneficiary? 

[Jenny17655 283]

17 hours ago, Jessica Donahue said:

 

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.

 

 

She should apply for AOS as soon as possible.  She will have time to gather more evidence before the interview.  

[Paul & Mallory 1,398]

Please don't listen to the person who told you to wait to apply for AOS until you have a bunch of evidence. :|

 

All you need for the application is the marriage certificate, as others have said. Any other evidence you have supporting your marriage would be best presented at the actual interview, which will take a few months, at best, to even happen. So it gives you time to get things together, like adding your spouse on insurance, utilities, etc. I recommend setting aside a folder, box, whatever, somewhere, so you can start dropping in copies of things to use as evidence as you get them accomplished between now and then. You are fine to go ahead and send the application before checking anything off your list - my husband still had vaccination requirements to fulfill when we mailed out his application, and having it all completed and available later at his GC interview sufficed just fine, no problems.

 

 

[Loren Y 2,732]

9 hours ago, K1visaHopeful said:

Note (not for your ronniebreda but for others reading, just tying in on your experience) that they no longer waive the AOS interview for K1s effective May 15th, 2018.

Don't think this is true. They are not interviewing every AOS application, that would be impossible, as of February 2019, directly from their USCIS manual and guide, you can still have your interview waived. Unless I'm reading this whole chapter 5 thing wrong, but I don't think I am. See link below...

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume7-PartA-Chapter5.html

[crono_clone 213]

7 hours ago, Liflead said:

Was the SSN applied after or before the marriage? How many days after the entry of the beneficiary? 

We applied before marriage, just 1 week after POE. 

 

It's been about 4 weeks since we applied and I'm hoping it comes any day now.

[ThomasNC1988 762]

16 minutes ago, crono_clone said:

We applied before marriage, just 1 week after POE. 

 

It's been about 4 weeks since we applied and I'm hoping it comes any day now.

You are getting to the point where it might be wise to follow up with the local office if you do not receive anything. 

[ThomasNC1988 762]

3 hours ago, Loren Y said:

Don't think this is true. They are not interviewing every AOS application, that would be impossible, as of February 2019, directly from their USCIS manual and guide, you can still have your interview waived. Unless I'm reading this whole chapter 5 thing wrong, but I don't think I am. See link below...

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume7-PartA-Chapter5.html

Unfortunately, there has been an amendment or whatever you want to call it.

 

Updates the list of types of adjustment of status cases in which USCIS might waive the interview by removing employment-based and fiancé(e)-based adjustment cases from the list.

 

http://web.archive.org/web/20180531145705/https://www.uscis.gov/policymanual/Updates/20180515-AdjustmentInterview.pdf

[Loren Y 2,732]

29 minutes ago, ThomasNC1988 said:

Unfortunately, there has been an amendment or whatever you want to call it.

 

Updates the list of types of adjustment of status cases in which USCIS might waive the interview by removing employment-based and fiancé(e)-based adjustment cases from the list.

 

http://web.archive.org/web/20180531145705/https://www.uscis.gov/policymanual/Updates/20180515-AdjustmentInterview.pdf

I didn't see that listed as an amendment in the current status, I'll look a little more, but the one I posted is current as of 2019.

Current as of February 12, 2019

So that maybe why yours is located in the archives

Edited March 6, 2019 by Loren Y

[ThomasNC1988 762]

6 minutes ago, Loren Y said:

It says the same thing, USCIS can still waive the interview, it doesn't say they are interviewing every K1 AOS applicant. It doesn't even mention k1, just any AOS applicant. Your post said they removed the interview waiver.

Note (not for your ronniebreda but for others reading, just tying in on your experience) that they no longer waive the AOS interview for K1s effective May 15th, 2018.

If fiance based AOS is no longer eligible to have the interview waived how is that not the same thing as they have to interview every K1 AOS? There is only one kind of fiance visa that I am aware of.

Edited March 6, 2019 by ThomasNC1988

[Loren Y 2,732]

1 minute ago, ThomasNC1988 said:

If fiance based AOS is no longer eligible to have the interview waived how is that not the same thing as they have to interview every K1 AOS?

I was adding to my post. I am checking more, but my link is current as of Current as of February 12, 2019

 

When your link is currently in the archives, so I don't think it is valid anymore. If it was still followed, they wouldn't archive it. 

[ThomasNC1988 762]

12 minutes ago, Loren Y said:

I was adding to my post. I am checking more, but my link is current as of Current as of February 12, 2019

 

When your link is currently in the archives, so I don't think it is valid anymore. If it was still followed, they wouldn't archive it. 

I don't mean to argue, but it's only in the archives because of the site I linked to it from. If you go to your link and click on the updates tab you see the May 15th 2018 update listed. If you read your link you will see that it does not say anything about a fiance or k1 being eligible for a waiver. That is because on May 15th 2018 they removed them from the lists of reasons for a waiver. That is the last update listed for section A.5.  It is an undisputed fact that every K-1 AOS has to have an interview after May 15th 2018.

 

 

[jakejon 1,196]

22 hours 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?

Hey! It's all down to personal preference. As many touch on, a marriage certificate is only really needed. However, we preferred personally (even though there's no requirement) to add more evidences of joint accounts, health insurance, car insurance, lease with me added on etc. As I say no requirement to do so but it's up to you. Of course, at the interview we will submit a lot more additional evidence. Good luck  

Edited March 6, 2019 by jakejon

[Loren Y 2,732]

But, this is USCIS, so who knows, I just filed AOS and loaded up my petition with all the goodies hopefully to avoid an interview. Oh well, guess I'll get my 1225 worth of work out of USCIS.

[jakejon 1,196]

Just now, Loren Y said:

But, this is USCIS, so who knows, I just filed AOS and loaded up my petition with all the goodies hopefully to avoid an interview. Oh well, guess I'll get my 1225 worth of work out of USCIS.

Oh your Las Vegas like me- so wander if I'll even get an interview this year LOL. NOA1 11/27/18. But I agree-it's all personal preference on loading  

[ThomasNC1988 762]

5 minutes ago, Loren Y said:

But, this is USCIS, so who knows, I just filed AOS and loaded up my petition with all the goodies hopefully to avoid an interview. Oh well, guess I'll get my 1225 worth of work out of USCIS.

Hope we have no hard feelings. Good news is they released an update a month or two ago that has been interpreted to mean they can waive ROC interview if you had an AOS interview, but you're right they are not very predictable.