Help - Search - Members - Calendar
Full Version: RFE requesting Affidavits - confused
VisaJourney.com > General Family Based Immigration Topics > Removing Conditions on Residency General Discussion

soniusa
Hello everyone
We got a letter reading "documentation submitted insufficient" but Im confused on the 2 different sentences regarding affidavits. One requests affidavits written by 3rd parties and the other sentence requests affidavits sworn to or affirmed by atleast 2 people. I dont know if I am overreading this but do they mean 2 different types of affidavits or are they just repeating themselves. I attached a copy of the sentences below. Hope someone can help me. I dont want to mess this up. My sweeties extension expires this month and now they decide to let us know what we sent was not good enough crying.gif


Click to view attachment



Thanks for everyones helpsmilie.gif
Sonja & Michael
russian_armenian
I think they are asking for affidavits from 2 people (sworn). Would you please post the first paragraphs. Sounds like they are asking just for any additional docs and affidevits are one of them. Or maybe at the beginning the mentioned that affidevits are must. Would you post what have you submitted in the I-751 package. It is kind of strange that they are asking for affidevits (usually some financial/residence docs).
QUOTE (soniusa @ Jul 10 2008, 07:30 PM) *
Hello everyone
We got a letter reading "documentation submitted insufficient" but Im confused on the 2 different sentences regarding affidavits. One requests affidavits written by 3rd parties and the other sentence requests affidavits sworn to or affirmed by atleast 2 people. I dont know if I am overreading this but do they mean 2 different types of affidavits or are they just repeating themselves. I attached a copy of the sentences below. Hope someone can help me. I dont want to mess this up. My sweeties extension expires this month and now they decide to let us know what we sent was not good enough crying.gif


Click to view attachment



Thanks for everyones helpsmilie.gif
Sonja & Michael
soniusa
I uploaded the entire letter to the gallery, here is the link....

insufficient documentation letter

and this is what we sent originaly....
• Application and Biometric services fee - $275.00
• Form I-751
• Copy of USCIS Form I-551 (Permanent Resident Card)
• Copy of our joint US tax return for the year 2005 and W-2’s
• Copy of our joint US tax return for the year 2006 and W-2’s
• Copy of our statement from our joint checking account at Wells Fargo Bank
• Copy of our automotive insurance cards showing a joint policy
• Copy of my husbands 401k showing me as his beneficiary
• Copy of my husbands dental benefits enrollment status form showing me as an added dependent
• Copy of two utility bills showing both our names on account, Qwest and T-mobile
• Copy of our rental lease from our previous and current address


From looking at the letter it seems like a standard letter they send out but the ****BOLDED wording is requesting specific years of certain things. since the application was mailed in April of 2007 I guess they want more current stuff. The affidavit part of the letter is not in bold but I wanted to send some just to be sure.
AussieDude
QUOTE (soniusa @ Jul 10 2008, 11:31 PM) *
I uploaded the entire letter to the gallery, here is the link....

insufficient documentation letter

and this is what we sent originaly....
• Application and Biometric services fee - $275.00
• Form I-751
• Copy of USCIS Form I-551 (Permanent Resident Card)
• Copy of our joint US tax return for the year 2005 and W-2’s
• Copy of our joint US tax return for the year 2006 and W-2’s
• Copy of our statement from our joint checking account at Wells Fargo Bank
• Copy of our automotive insurance cards showing a joint policy
• Copy of my husbands 401k showing me as his beneficiary
• Copy of my husbands dental benefits enrollment status form showing me as an added dependent
• Copy of two utility bills showing both our names on account, Qwest and T-mobile
• Copy of our rental lease from our previous and current address


From looking at the letter it seems like a standard letter they send out but the ****BOLDED wording is requesting specific years of certain things. since the application was mailed in April of 2007 I guess they want more current stuff. The affidavit part of the letter is not in bold but I wanted to send some just to be sure.


Did you cover the whole period that your husband has been a conditional resident? For example, did you show bank statements from the whole 2 years (doesn't have to be all of them, but should cover the period) for the last couple of years? They want to see evidence that you have been making an effort to join your lives since he moved here, not just very recent stuff.
soniusa
geez

I just looked at what I sent. I only sent one statement for 2007. Thank you for mentioning that. smile.gif I guess my mind frame at the time was just to show we had a bank account together. Ok this time I will send 2 full bank statements for each year he has been here.

Again thank you for bringing that to my attention biggrin.gif
*Marilyn*
in the letter you got the affidavits seem to be included in a long list of possible evidence you can send in...

but seeing as that you got an RFE it might be good to get the affidavits...

QUOTE (soniusa @ Jul 12 2008, 12:47 AM) *
geez

I just looked at what I sent. I only sent one statement for 2007. Thank you for mentioning that. smile.gif I guess my mind frame at the time was just to show we had a bank account together. Ok this time I will send 2 full bank statements for each year he has been here.

Again thank you for bringing that to my attention biggrin.gif

you also might want to send more utility bills spanning the time he has been here...

and do you have any bills, memberships etc. that are just in your name or just in his name? I would include those too.. they would show that you live at the same address...
soniusa
all utilities and the lease were in my name in 2005. he was only here the last 5 months of that year so I guess I will send a copy of utility bill and lease with my name, explaining he was establishing credit at that time?

we DO have proof of 2005 tax return, auto ins, auto registration,bank statements,paychecks with his name both our names and address. I thought that would be good enough but I think my mistake is (and the reason why they are asking for the 2005 utility bills & lease) I did not send an explanation as to why these 2 items were not in the packet. maybe if you dont send an explanation they just assume you forgot to send them?

I think that is important for everyone lifting conditions to know.

"If you dont have it -SEND AN EXPLANATION WHY- and/or send it even if your spouses name is not on it"

ClockWatch2.gif reading.gif idea9dv.gif oops8rh.gif headbonk.gif
Kathryn41
As well, since your husband's extension is due to expire, he can always make an INFOPASS appointment at the local USCIS office, bring along his expired greencard, the extension NOA and his unexpired passport. They can put the I-551 stamp in his passport extending his status for another 6 months to a year. I suspect, however, that once you get back the information they request to them, you will receive a very quick approval.
soniusa
QUOTE (Kathryn41 @ Jul 12 2008, 12:45 PM) *
As well, since your husband's extension is due to expire, he can always make an INFOPASS appointment at the local USCIS office, bring along his expired greencard, the extension NOA and his unexpired passport. They can put the I-551 stamp in his passport extending his status for another 6 months to a year. I suspect, however, that once you get back the information they request to them, you will receive a very quick approval.



thats what I thought but they wouldnt give him I-551 stamp at our INFOPASS appointment. Maybe it is just because they know Vermont is waiting for information from us. Maybe they would have given him the stamp if the case has said "in progress" instead of "pending." Im not sure.
russian_armenian
Have you sent any pictures to show social life? I have feeling that they like to look at those.
But I think that the problem is with timing-the info you have sent got a bit old and does not cover the whole period.
Many people got approved right after they sent RFE back. Most probably you will be one of them since your case looks solid.
QUOTE (soniusa @ Jul 12 2008, 04:08 PM) *
QUOTE (Kathryn41 @ Jul 12 2008, 12:45 PM) *
As well, since your husband's extension is due to expire, he can always make an INFOPASS appointment at the local USCIS office, bring along his expired greencard, the extension NOA and his unexpired passport. They can put the I-551 stamp in his passport extending his status for another 6 months to a year. I suspect, however, that once you get back the information they request to them, you will receive a very quick approval.



thats what I thought but they wouldnt give him I-551 stamp at our INFOPASS appointment. Maybe it is just because they know Vermont is waiting for information from us. Maybe they would have given him the stamp if the case has said "in progress" instead of "pending." Im not sure.
russian_armenian
One more thought. Is there is change in status on W2. We sent old W2 showing single status and new one showing married with added wording that at work coworkers know about marraige.
I also wonder why they have refused to stamp i551. Have you shown original NOA? Some offices refuse to stamp if NOA1 is not expried.

QUOTE (soniusa @ Jul 12 2008, 04:08 PM) *
QUOTE (Kathryn41 @ Jul 12 2008, 12:45 PM) *
As well, since your husband's extension is due to expire, he can always make an INFOPASS appointment at the local USCIS office, bring along his expired greencard, the extension NOA and his unexpired passport. They can put the I-551 stamp in his passport extending his status for another 6 months to a year. I suspect, however, that once you get back the information they request to them, you will receive a very quick approval.



thats what I thought but they wouldnt give him I-551 stamp at our INFOPASS appointment. Maybe it is just because they know Vermont is waiting for information from us. Maybe they would have given him the stamp if the case has said "in progress" instead of "pending." Im not sure.
NickD
QUOTE (soniusa @ Jul 10 2008, 06:30 PM) *
Hello everyone
We got a letter reading "documentation submitted insufficient" but Im confused on the 2 different sentences regarding affidavits. One requests affidavits written by 3rd parties and the other sentence requests affidavits sworn to or affirmed by atleast 2 people. I dont know if I am overreading this but do they mean 2 different types of affidavits or are they just repeating themselves. I attached a copy of the sentences below. Hope someone can help me. I dont want to mess this up. My sweeties extension expires this month and now they decide to let us know what we sent was not good enough crying.gif


Click to view attachment



Thanks for everyones helpsmilie.gif
Sonja & Michael


So much for the people here saying you do not need to send affidavits, USCIS requested two, we sent four. This is a copy of a letter I sent to our friends and relatives, I assumed it has to be a friend or a relative, certainly can't be a complete stranger, how would they know if you are living together? We did get our ten year cards, and were never called in.

"Gloria and Nicholas request from you an affidavit that we need to finalized the immigration process. This is basically to inform the USCIS that we did not get married solely for the purpose so that Gloria could come here and that we are in love and have been and plan to live together the rest of our lives.

An outline of what the USCIS wants is as follows taken from their I-751 application form.

"Affidavits sworn to or affirmed by at least two people who have known both of you since your conditional residence was granted and have personal knowledge of your marriage and relationship. (Such persons may be required to testify before an immigration officer as to the information contained in the affidavit.)

The original affidavit must be submitted and also contain the following:

Information regarding the person making the affidavit:

His or her full name and address;

Date and place of birth;

Relationship to you or your spouse, if any;

Full information and complete details explaining how the
person acquired his or her knowledge.

Affidavits must be
supported by other types of evidence listed above."

Here is a sample letter I found on the web:

*Full Name*
*Address*
*Phone Number*
8-31-03
To whom it may concern:
My date of birth is xx-xx-xx, and I was born in town, state. I have known Jennie xxxxx since March 2001. I first met her at a family dinner at a local restaurant. I attended her wedding to Benjamin xxxxx in August 2001. I see Jennie regularly at family events and holidays. I have spent the past three 4th of July celebrations with Jennie and Benjamin watching fireworks. I have helped them move into their first apartment in 2001 and recently into their new home in June 2003. They have worked hard together to make this home their home. They are happily married and looking forward to their years ahead.
Sincerely,
*Signature*


Closure of this letter can be:

"I declare under penalty of perjury under the Law of the United States of America that the foregoing is true and correct. Signed on month day, year at my town, my state."

If your affidavit writer is willing / able to have their letter notarized then you may as well have it done.

We will need this letter of affidavit by March 27, 2007 when our form is due for submittal. We will need the actual letter, not an e-mail copy.

Thank you very much.

Nick and Connie."

Our best letter was from a long time friend that knew of my long relationship with Gloria when we first met and the many trips we made to see each other and he hand written the letter and was also my best man at the wedding. Good to make copies of these letters as the USCIS is known to lose stuff. Still feel it's better to send too much evidence than not enough as my wife had learned from her friends that were ahead of us and were called in with extensive delays.
*Marilyn*
if you read the whole RFE letter it is not specifically asking for just affidavits.. they are just part of a long list of possible evidence the OP can send in... so the OP didn't necessarily get a RFE just because she didn't send in affidavits... I think the OP got the RFE because she didn't send enough evidence spanning the whole marriage...

that being said if the OP doesn't have a lot of other evidence to send in I would send in the affidavits..




there are quite a few people on VJ that have not sent in affidavits and did not get a RFE....
cherr1980
When you send your "evidence" do a"history evidence" meaning is from you marry / granted LPR until current.
I sent bank statements and all the rest since I was added in the year we married 05 until current 07-08.

I am surprised that they put that not only the mortgage statements are necessary but deeds and the actual contract...jeez! I put the deed, and part of the mortgage paperwork and I thought it was "too much".

This is just another example of some adjudicators point of view to be sincere...there are people who just sent less than you and got no RFE...
Silver
Just looking at the list of documents sent. OP has listed tax documents for tax year 2006 and 2005, could be that they are looking for tax year 2007 documents?
soniusa
yes It looked to me like they wanted alot of stuff from 2007. I sent a compressed 1 inch thick stack of new paperwork. they asked for the mortgage contract so they got it :-) I did also send affidavits. sent the stuff July 18th certified and with request for signature.

we got the signature card back in the mail, went to the INFOPASS appt 7-24-08 for the much needed stamp and they did not want to give it to us because even though I had the card showing it was signed for it still did not show in their system it was received. I started to panick alittle and mentioned it is not our fault they havent updated and it takes 15 months to process an application, we had the signature showing they signed for it grrr. Of course I said all this with a smile biggrin.gif . Then he said ok but I need the original Receipt Notice from when you sent in the application huh.gif . I didn't know I needed that old thing. We have a RFE letter requesting more proof of marriage. Why would they send that if they never received an application from us?? ohmy.gif

Anyway to make a long story short he only gave my husband the stamp for a 2 month extension. He said that was because we filed so long ago we should be getting a decision very soon. He also said we must go home and destroy the RECEIPT Notice. personally the thought of destroying our proof that we sent the application doesnt make much sense to me. Maybe they should just send out notices that self destruct after 1 year. ph34r.gif

So now we are crossing our fingers and hopeing we do not have to go back in 2 months for another extension. ClockWatch2.gif wacko.gif
This is a "lo-fi" version of our main content. To view the full version with more information, formatting and images, please click here.
Invision Power Board © 2001-2009 Invision Power Services, Inc.