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Chances of RFE with I-485 marriage based USC

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  • Chances of RFE with I-485 marriage based USC

    Hello Community!

    This is my first post, and happened to encounter this help forum.

    Here is my case.
    We are a bonna fide same-sex marriage with a 20 years gap based on the SF Bay Area.

    After 5 years married, USC husband filed a petition for I-130 & I-485, me. We filed concurrently (I-130, I-485, I-765, I-131, I-864, I-693) to the Chicago Lockbox. We had an Immigration Lawyer to file.

    We received our first I-797C with Priority Date Jan 19, 2022 at the National Benefits Center.

    After reading many posts here, I read people submitting photos and financial documents to prove their bonna fide marriage when submitting initially the applications. We asked our lawyer two times if we had to submit these documents, but the answer from the lawyer was that to bring these proof to the interview and not necessary to submit them in the concurrent filing. In the initial filing, we submitted the essential documents such as Birth Certificates both USC and me, Marriage Certificate, My country of origin passports, and other biographical documents.

    So my question is what is the probability that we will get RFE based proof on of good faith marriage later in the process? Any experiences from people who submitted without joint statements, and other proof? How did it go? Btw, I overstayed my tourist visa.

  • #2
    For whatever reason attorneys often say you don't need to submit supporting evidence at the time of failing(may be because they don't want to deal with so much paperwork) however go to form I 30 and read the instructions. It clearly states that you must submit supporting documents at the time of filing and under general rule and when you go general rule you see documents such as joint lease and etc. are included. I am gonna try to attach screen shot but its page 3 and 7 on form I 30
    ! iI have never heard anyone to get RFE specifically for that tho because everyone's supporting documents are different so they can't really issue an RFE for joint checking account for example as you simply might not have that or chose not to and etc. However could affect negatively but not always. Read the stickies on here, top pinned post and you will see how people who submitted supporting documents at the time of falling get approved a lot quicker or on the spot (me included) and the ones that don't sometimes receive denial letters. I am not saying that to scare you, you might be okay, but just look into it in debt.
    Attached Files
    Last edited by SmithB; 01-29-2022, 11:07 PM.

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