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shakedong93

Urgent! Please help RFE (merged threads)

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Filed: AOS (pnd) Country: China
Timeline

Hi all,

I have been on this forum for a while. Although I never registered an account, I always check threads and feel happy for those people got approved.

In my case...my NOA was 10/19/2015....and as the date of 04/28/2016.(after 6 months of waiting..).I got a Request for Evidence Notice.

There are something going on with my application...First of all, I have two NOA receipts numbers(both start with WAC)...I constantly check both receipts case status online. One showing as 'case received' while the one as 'My Case Status does not recognize the receipt number entered.....' the RFE notice only reflect one of them, which is the one CAN NOT be tracked online!!!! Now I'm totally confused which number attached to my application...

The content of this RFE is 'you have not established that the marriage upon which you were granted conditional status was entered into in good faith'. I have given all I have to show evidence the truth of my marriage.I attached the two years W2, the HUD letter and mortgage(house), same address for 2 years after temporary GC, car insurance, joint credit card statements, same telephone bills, pics and many others. The only thing we do not have are 1. child 2. joint debt account.

At this point what shall I do...Many thanks! I really appreciate it!

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.I attached the two years W2, the HUD letter and mortgage(house), same address for 2 years after temporary GC, car insurance, joint credit card statements, same telephone bills, pics and many others. The only thing we do not have are 1. child 2. joint debt account.

Did you include your marriage certificate?

* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London

7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived

 

* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production

27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed

26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
30th May 2017 - Interview (approved)
7th June 2017 - Oath

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Filed: AOS (pnd) Country: China
Timeline

Did you include your marriage certificate?

I swear I did!!! I provide a lot more evidences than I listed...And is it normal to have two WAC numbers?

Edited by shakedong93
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Filed: AOS (pnd) Country: China
Timeline

The two WAC receipt numbers are a glitch and should not have any impact in producing an RFE. You got an RFE because your adjudicator was not satisfied with the evidence you submitted. The best way to help you is if you list out exactly what you sent and how much. Then members here can suggest what to supplement for the RFE response. Good luck!

Thank you Chic! For a moment I really think it is because of those two NOA receipts mess up my application. It's pretty hard to remember every single detail I have been sent out. But let me list them..and I will add more if something else pop out of my mind. For how much I provided...The documentation I provided only cover the timeframe from the date I got the temporary GC to the date I submitted the application, which is around 2 years. I don't know think I need to provide the proof from the date of our marriage...is that correct?

Here's the list of what I can remember:

marriage certificate

two years of : a. separate bank account statements shows the same address.

b. drive license

c. joint car insurance

d. apartment leasing document with both of name on it

e. credit card activity--showing I paid my spouse credit card debts and vice versa

f. joint filled taxes return

g. ATT phone bills statements showing my spouse, my mother-in-law and I are in the same household account

h. timeline pictures

home purchase documents includes HUD and loan documentation

Another question will be : For the RFE, do I need to send everything again to them? I really do not know what else I can provide...

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Filed: AOS (pnd) Country: China
Timeline

You need to submit info from since you got married. Marriage certificate is not needed. They want to see joint financial responsibility.

It's not surprising that you got an RFE, sorry to say. First of all, you had to send evidence from the inception of your marriage. Secondly, there was no point in sending separate bank accounts when USCIS wants to see JOINT assets. Also, your list is short. It has some great evidence like the home purchase and tax stuff - but it's still short. I would submit tax transciprts instead of returns. In addition, include new evidence like utilities, health insurance, life insurance etc. Consider crafting healthcare power of attorneys and/or wills. You can also ask two or more people like family members or friends to write notarized affidavits stating you're a bonafide couple. If you have traveled together, include travel itineraries and boarding passes. What about greeting cards addressed to both of you? Brainstorm anything you have that may be joint and consider including those. As the previous poster said, including a marriage certificate is not necessary during the I-751 process.

Thank you both of yall!

I didn't realize I need to submit the evidence since the time we got married. One of my friends was also under 751 process and he only submitted the evidence from the date they got temporary GC and they got approved...I guess their evidences still stronger than ours....The reason why we show separate bank account is to show we were living in the same address. And I have reason why we do not open a bank account together(individual credit issue will affect getting a loan when purchasing a house).

Happy Chic, thank you so much for providing these great hints! I really appreciate it! All the other utilities bills are either under one of our names..never both...will those utility bills work in this case? I do have whole lot(I really mean it! a lot,,hundreds) of Emails we sent each other through our work/personal Emails in the past 5 years. On another hand, we work in the same hospital for over 2 years...Our life insurance are separate...

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Filed: Citizen (apr) Country: Indonesia
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I would suggest to have medical power of attorney, affidavits from friends and family attesting to your marriage, travel itineraries and boarding passes together, do you have 401k stating you as beneficiary? Joint health insurance? Assets you own together like stocks or bonds?

You can submit a cover letter explaining about the reason why there is no joint savings.

Blooms

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Filed: AOS (pnd) Country: China
Timeline

Hi, don't compare yourself with another friend or someone else's immigration. You don't know what the friend sent and your friend most likely had another adjudication officer who found the friend's evidence satisfactory for whatever reason. You'll only worry yourself to death if you compared yourself.

There's no point in sending bank statements (or other similar financial assets) when there is no co-mingling because that is the very thing USCIS is looking for. However yes, you can send utility bills that have separate spouse names if the address is common. This is because many utility companies don't add two names in their billing statements and USCIS surely knows about it. You are still involved in financial co-mingling when you pay for gas and your spouse pays for water in the same house.

I'm not sure about e-mails but I doubt it will be help. I-751 is again about joint assets and joint residence together. So I would focus on documents that show joint liability. E-mail communications are looked at in K1 and AOS stages.

Thank you Happy Chic again! You are being really helpful!

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Filed: AOS (pnd) Country: China
Timeline

I would suggest to have medical power of attorney, affidavits from friends and family attesting to your marriage, travel itineraries and boarding passes together, do you have 401k stating you as beneficiary? Joint health insurance? Assets you own together like stocks or bonds?

You can submit a cover letter explaining about the reason why there is no joint savings.

Blooms

Hey blooms, I do have the affidavits which was made over 2-3 years ago when submitted 485&130. are these affidavits still effective?(I thought they are good only for 2 years or so). Both of us do not have 401K...instead we have teacher retirement program.....Health insurance are also separate coz we both work for the same hospital(we should have put one person on another person account...)

For the travel part...we always had road trips....but we do purchase a flight ticket to Costa Rica for this May...How could I collect the documents from travel itineraries? the bank statement showing the purchases out of the state(Texas) in the same time period?

Thanks a lot!

Edited by shakedong93
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Filed: Lift. Cond. (apr) Country: China
Timeline

I swear I did!!! I provide a lot more evidences than I listed...And is it normal to have two WAC numbers?

Welcome to the forum.

Everybody that files for ROC gets two numbers, read paragraph five of the Form I-797 NOA receipt/ extension letter. Both of the numbers are listed on the Form I-797c ASC biometrics appointment letter.

It seems that you have tried to initially send in ALL of your marriage bonafide evidence since the inception of the marriage. Affidavits are weak evidence. Consider getting your wills, DPOAs, and Living Wills prepared and submit with your RFE response. We had ours done through legalzoom.com, was able to submit with our RFE response.

When you get a chance, :time: It helps everyone that uses, or is helped by the forum.

Good luck on your immigration journey.

Edited by Pitaya

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

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Filed: AOS (pnd) Country: China
Timeline

Welcome to the forum.

Everybody that files for ROC gets two numbers, read paragraph five of the Form I-797 NOA receipt/ extension letter. Both of the numbers are listed on the Form I-797c ASC biometrics appointment letter.

It seems that you have tried to initially send in ALL of your marriage bonafide evidence since the inception of the marriage. Affidavits are weak evidence. Consider getting your wills, DPOAs, and Living Wills prepared and submit with your RFE response. We had ours done through legalzoom.com, was able to submit with our RFE response.

When you get a chance, :time: It helps everyone that uses, or is helped by the forum.

Good luck on your immigration journey.

Hey Pitaya! That's a really good point! I believe our company has the free service of living wills and/or DPOAs. we will definitely do that. Thank you very much!

Yeah. I will update my own timeline(I believe it should be in October filers)

BTW, How long it took them to update your case status? How long it usually takes USCIS to reply?

Edited by shakedong93
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Filed: AOS (pnd) Country: China
Timeline

Hi dear helpers..

I just realize that I have a lot of furniture/appliances purchases under my name(over 20 orders, 50 items from wayfair, walmart, target etc in the pass 2-3 years) have the deliver address which is the same as the one showing on my bank/utilities statements. Could they be considered as assets? Thanks!

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Hi dear helpers..

I just realize that I have a lot of furniture/appliances purchases under my name(over 20 orders, 50 items from wayfair, walmart, target etc in the pass 2-3 years) have the deliver address which is the same as the one showing on my bank/utilities statements. Could they be considered as assets? Thanks!

Doubt it, unless you can explain to me how that proves your marriage is real? It seems like proof of residency than a proof of marriage. If your spouse's name was also on them, maybe? But still not great. Anyone can buy something online and have it shipped to an address.

~*INTENT IS DETERMINED AT POE*~

 

Forever wishing for an eye-roll reaction.

 

 

K-1 Visa~
9/28/2015 - I-129f Packet Mailed to Texas Lockbox
10/1/2015 - NOA 1 Email - I-129f sent to California Service Center
10/8/2015 - NOA 1 Hard Copy
10/27/2015 - NOA 2
11/21/2015 - Packet 3 Received
1/08/2916 - Medical! Lots of jabs >.>
2/23/2016 - APPROVED!
6/20/2016 - POE
7/29/2016 - Married ❤️

~*Approval 146 Days from NOA1*~


AOS ~
9/9/2016 - AOS/AP/EAD packet mailed to Chicago Lockbox
9/11/2016 - Delivered to Chicago Lockbox
9/20/2016 - Received Text/Email NOA1
9/23/2016 - Hard Copy NOA1s
10/12/2016 - Biometrics Appointment
11/04/2016 - AP Status "Approved" EAD "Date of Birth Updated"
11/18/2016 - Received EAD/AP Combo Card!
12/23/2016 - Received Green Card

~*Green Card 95 Days from NOA1*~

 

ROC~

10/12/2018 - Mailed ROC Packet

11/8/2018 - NOA-1 

7/5/2019 - Biometrics

~*STILL WAITING 607+ Days since NOA*~

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Filed: Lift. Cond. (apr) Country: China
Timeline

Hey Pitaya! That's a really good point! I believe our company has the free service of living wills and/or DPOAs. we will definitely do that. Thank you very much!

Yeah. I will update my own timeline(I believe it should be in October filers)

BTW, How long it took them to update your case status? How long it usually takes USCIS to reply?

Our ROC petition languished in some USCIS warehouse for 8 months, then we got an RFE after we elicited the help of the CIS Ombudsmen. We replied to the RFE and our petition was approved in about 9 months from initial submission, check our timeline.

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

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Filed: AOS (pnd) Country: China
Timeline

Doubt it, unless you can explain to me how that proves your marriage is real? It seems like proof of residency than a proof of marriage. If your spouse's name was also on them, maybe? But still not great. Anyone can buy something online and have it shipped to an address.

It makes sense to purchase thousands of dollars(>10k) in one address within 6 months, the address which is the home we purchased together...isn't it...

It's not the point I wanna argue with you, I think it may help out some other stuff we don't have?

Edited by shakedong93
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