Submit "bona fide" marriage evidence with AOS application or bring to interview?

[dan87]

Dear all -

Our marriage based AOS application is about to be submitted. We collected a good amount of "bona fide marriage" evidence... However, the lawyer we hired to handle our case says she never sends the bona fide marriage evidence with the application. According to her it is sufficient to bring this evidence to the interview. This would ensure that the evidence is up to date, and is considered more "professional".

Her advice is a little confusing to us as it clashes with a lot of the advice we read on the internet. From what I can see on the internet, it seems like most people "front-load" their applications with as much bona-fide marriage evidence as possible.

Did anyone else get the advice from their lawyer to bring the evidence to the interview rather than submitting it with the application? We would greatly appreciate if some folks could share their experience with either of the two approaches... We just want to avoid any complications down the road.

Thank you for your help, it is greatly appreciated!!!
Dan

[MaryH]

What 'bone fied marriage evidence' are u referring to, that u shouldn't send? U need to specify. Is the lawyer saying u shouldn't send anything to prove your marriage up-front; but to take to interview instead? I have never heard such nonsense. Y would anyone do that, unless you have none, and explain oneself at the interview, but if u have evidence, by all means send then, to avoid an RFE.

[rayb]

Dan,

Your lawyer is correct. USCIS is not interested in evaluating the legitimacy of the marriage based on the I-485 submittal. Presumably, evidence would have been submitted with the original I-129F if K1 Adjustment procedure, or with an I-130 if submitted by itself before submitting the I-485. But if the I-130 is submitted at the same time as the I-485, evidence will be expected at the interview.

--Ray B

Dear all -

Our marriage based AOS application is about to be submitted. We collected a good amount of "bona fide marriage" evidence... However, the lawyer we hired to handle our case says she never sends the bona fide marriage evidence with the application. According to her it is sufficient to bring this evidence to the interview. This would ensure that the evidence is up to date, and is considered more "professional".

Her advice is a little confusing to us as it clashes with a lot of the advice we read on the internet. From what I can see on the internet, it seems like most people "front-load" their applications with as much bona-fide marriage evidence as possible.

Did anyone else get the advice from their lawyer to bring the evidence to the interview rather than submitting it with the application? We would greatly appreciate if some folks could share their experience with either of the two approaches... We just want to avoid any complications down the road.

Thank you for your help, it is greatly appreciated!!!
Dan

[Yuzu]

Hi RayB,

So is that meant when we only submit form I-485, we dont need to submit like photos, joint bank statement, lease agreement, etc for bona fide marriage evidence? But just prepare and bring it at the interview?

Thank you RayB,

Yuzu

Dan,

Your lawyer is correct. USCIS is not interested in evaluating the legitimacy of the marriage based on the I-485 submittal. Presumably, evidence would have been submitted with the original I-129F if K1 Adjustment procedure, or with an I-130 if submitted by itself before submitting the I-485. But if the I-130 is submitted at the same time as the I-485, evidence will be expected at the interview.

--Ray B

[rayb]

Right, your I-485 does not need proof of cohabitation or commingling of financial affairs.

--Ray B


So is that meant when we only submit form I-485, we dont need to submit like photos, joint bank statement, lease agreement, etc for bona fide marriage evidence? But just prepare and bring it at the interview?

Thank you RayB,

Yuzu[/QUOTE]

[dan87]

Thanks for the replies! To clarify, our lawyer is submitting the I-130 and I-485 concurrently. I am already legally in the United States on a work visa so there was no K1 adjustment procedure or interview in the past. We have ample evidence of a bona fide marriage but our lawyer is not submitting any with the AOS package and wants us to take the most up-to-date evidence to the interview. Form I-130's instructions do not seem to firmly require evidence of a bona fide marriage to be submitted with the forms. The verbiage pertaining to the bona fides is as follows:

http://www.uscis.gov/sites/default/files/files/form/i-130instr.pdf

NOTE: In addition to the required documentation listed above, you should submit one or more of the following types of documentation that may evidence the bona fides of your marriage


Did anyone else wait until the interview to present the bona fide marriage evidence? Did this cause any issues? I guess I should trust my lawyer but my main concern is that this approach could trigger an RFE's or a moody officer during the interview..


Thanks for all your help,
Dan

[rayb]

Dan,

Well, so far both your lawyer and I agree that you do not need to submit evidence of relationship (other than copy of a marriage cert) when submitting I-485 and I-130 together. Both his and my advice were based on personal experience.

If your I-130 is submitted by itself, however, evidence of relationship is specified in the form instructions.

--Ray B

Thanks for the replies! To clarify, our lawyer is submitting the I-130 and I-485 concurrently. I am already legally in the United States on a work visa so there was no K1 adjustment procedure or interview in the past. We have ample evidence of a bona fide marriage but our lawyer is not submitting any with the AOS package and wants us to take the most up-to-date evidence to the interview. Form I-130's instructions do not seem to firmly require evidence of a bona fide marriage to be submitted with the forms. The verbiage pertaining to the bona fides is as follows:

http://www.uscis.gov/sites/default/files/files/form/i-130instr.pdf

NOTE: In addition to the required documentation listed above, you should submit one or more of the following types of documentation that may evidence the bona fides of your marriage


Did anyone else wait until the interview to present the bona fide marriage evidence? Did this cause any issues? I guess I should trust my lawyer but my main concern is that this approach could trigger an RFE's or a moody officer during the interview..


Thanks for all your help,
Dan

[dan87]

Thanks Ray, I appreciate your help and advice!! Hopefully it all goes well!

[Yuzu]

Hi dan87,

Please update to us about your case and hope it all goes well.
Good luck

Yuzu

Thanks Ray, I appreciate your help and advice!! Hopefully it all goes well!

[kme522]

request for initial evidence

we recieved a letter from them requesting for initial evidence for my wife i485..we already forwarded copy of the marriage contract.what else additional evidence ca we send?