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I-751 RFE Questions

#1 KiwiB

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Posted 13 October 2011 - 11:00 PM

Hi Folks,

I just got a request for more evidence back for the I-751 we filed. I was hoping to get some feedback on what sort of evidence would be the best to send in.

We sent:
- 2008/2009 Tax forms (jointly filed).
- 3 Statements from a checking account in both our names, from a variety of points in our 2 year marriage.
- Life Insurance for my wife, with me as beneficiary.
- Phone, Gas, and Electric bills in both our names.
- 2 Affidavits from friends and family attesting to having known us as a couple.
- Commercial lease for office space we rent in both our names.
- Forms from doctors office naming me as emergency contact for my wife.
- Forms from doctors office naming my wife as emergency contact for me.


So, here's the situation that makes it a bit of a challenge to come up with better evidence and/or might make them suspicious:
1) The age difference between my wife and I is fairly large (15+ years. She's older than I am).
2) The joint checking account does not have a huge amount of money running through it. It is not the primary account. We did not put me on the primary account as she handles all the finances for the home and I handle them for the business. It just didn't seem important, and we didn't think ahead.
3) We're self-employed and have 50/50 partnership in the company, which is an LLC.
4) No shared credit cards due to her poor credit.
5) My name is not on the mortgage or title of the house as it came from her divorce (from a US citizen) and she and I have always agreed that it is her house, not mine.
6) She didn't take my last name.

They requested additional evidence such as:
- Residential lease or mortgage in our names (Don't have this. Probably can't get it)
- Bank accounts in both our names that supports the marital household. (I can get this done, but it won't span the marriage).
- Joint health insurance (see below).

They also said that what I submitted would be considered, but that certain things would be considered more strongly if I could provide those. A residential lease verses the commercial lease we submitted, for instance.

So, what do you think I can provide? And, will it make a difference if I go ahead and get my name on the checking account, or mortgage, now that they've requested more evidence? Or, will that look like we're manufacturing it?

What I can think of, and get, is the following:
- Name on main checking account and affidavit from our bank manager attesting that he has known us as a couple and that my not being on the account was because my wife handles finances.
- Documents showing 50/50 ownership in our business, which is an LLC. The company has been in existence for 3 years.
- Statements showing payments to credit cards and loans in my name from the main checking account (which is, again, in her name right now).
- 2010 tax returns, filed jointly.
- Statements/Documents showing distribution of funds to partners in the LLC, and the fact that all of the funds we earned were deposited in her account. Can also back this up with affidavit from banker.
- A new life insurance policy on me, which we took out 2-3 months before getting the RFE. Affidavit from Insurance broker attesting to knowing us as a couple and her knowledge that we have been working with her to put in place better insurance as our financial situation allows.
- Our company health insurance policy. It is not a joint policy, but it does show the same billing address. I can also get an affidavit from the insurance broker stating that, because we are the owners of the company, we cannot go on the policy jointly.
- Boarding passes to flights on a recent trip we took to San Francisco and previous trips to other parts of the country, itinerary, hotel bill for single room etc.
- Vet bills with both our names on them, from during and before the marriage.
- More random affidavits from people who know us as a couple and as business people. i.e. our business coach. Seems like this is the least worthwhile thing, though.


I'm pretty anxious about this, so any feedback you can give me on the above, or any general advice, would be much appreciated. If you think I need to get a lawyer, please let me know that, too. It's going to be a stretch to do that financially though.

If it makes a difference, I'm from New Zealand.

Thanks so much in advance for your help.
  • 0

#2 Anh map

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Posted 13 October 2011 - 11:25 PM

Your evidence tells a great business story, but a lousy married couple story.

Did your "old" life insurance policy show your spouse as beneficiary?
Drivers licenses showing the same address?
Car registrations?
Auto insurance policies showing both of you listed as drivers?
Mail addressed to the both of you?
Photos of the two of you in social settings.
Any other joint memberships?
Religious organizations?

I would avoid any other "Evidence" that is centered on your business. The adjudicating officer is looking for a comingling of life outside the work environment.
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#3 KiwiB

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Posted 14 October 2011 - 09:32 AM

I can get many of those things. The question is wether they will consider them if I go and get my name in the car title/registration/bank account now, or if it wil look like we are trying to make it up because they asked.
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#4 Ed+Cindy

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Posted 14 October 2011 - 10:37 AM

We posted a similar thread a week or so ago:
http://www.visajourn...ny-suggestions/
We had bills, accounts, a car loan, etc in both names, but we didn't send the apartment lease

I would guess your RFE is because there is no proof of a shared residence. Get something that shows you live together. Also, send in copies of driver's licenses with matching addresses.

My guess is you will get an interview and have to prove things there too.

Good luck.

Edited by Ed+Cindy, 14 October 2011 - 10:41 AM.

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------- ROC ---------------
06.29.2011 Mailed I-751
09.22.2011 RFE

#5 KiwiB

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Posted 14 October 2011 - 12:20 PM

Thank you for all of the feedback so far.

I have both of our names on the insurance for both of our cars. We also have drivers licenses showing the same address.

The "old" life insurance policy is still in effect. It's a policy on my wife with me as the beneficiary. That was taken out before we sent in the I-751.
The "new" life insurance policy is on me, with my wife as the beneficiary. This was taken out 3 months ago.

Here's the part I'm a bit stuck on - I can have my name added to our main checking account, as they specifically requested something like that. But it wouldn't span the entirety of the marriage. Am I wasting my time getting an affidavit from the bank manager stating that although my wife was the only name on the checking account, that we have been handling our finances with them as a couple. i.e. we sat down with him 6 months ago to discuss refinancing but did not go through with it.

I can also have her added to my credit card accounts, and mine to hers. Again, am I wasting my time with this?

I have personal mail that is addressed to both of us from both my side of the family and my wife's. Should I send some of this? If so, should I send copies?

Thanks again!
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#6 fizzapal

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Posted 14 October 2011 - 01:21 PM

Thank you for all of the feedback so far.

I have both of our names on the insurance for both of our cars. We also have drivers licenses showing the same address.

The "old" life insurance policy is still in effect. It's a policy on my wife with me as the beneficiary. That was taken out before we sent in the I-751.
The "new" life insurance policy is on me, with my wife as the beneficiary. This was taken out 3 months ago.

Here's the part I'm a bit stuck on - I can have my name added to our main checking account, as they specifically requested something like that. But it wouldn't span the entirety of the marriage. Am I wasting my time getting an affidavit from the bank manager stating that although my wife was the only name on the checking account, that we have been handling our finances with them as a couple. i.e. we sat down with him 6 months ago to discuss refinancing but did not go through with it.

I can also have her added to my credit card accounts, and mine to hers. Again, am I wasting my time with this?

I have personal mail that is addressed to both of us from both my side of the family and my wife's. Should I send some of this? If so, should I send copies?

Thanks again!When did you file your i751?


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#7 fizzapal

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Posted 14 October 2011 - 01:23 PM

When did you file I 751?
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#8 Ed+Cindy

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Posted 14 October 2011 - 03:39 PM

hello fellow kiwi! I'm the kiwi/Taiwanese wife who married my American husband. I reckon "they" probably get a kick from picking on kiwis :)

You're luckier because they asked for specific evidence. They sent me a template list of items, some of which we already submitted.
Also, last night we realised that the RFE's WAC number is different from my application WAC number, and the RFE's WAC number cannot be found on their online tracking system! Honestly, they've made so many mistakes on our case, including not sending me a NOA letter to extend my PR for 1 year, so now I'm wondering if the mistakes were made intentionally?!

Anyway, back to our RFE that we have to respond to. We had to ask our leasing agent to let me backdate my signature to reflect the reality of our joint living situation, and EVERY evidence is worth the effort! I talked with the chief legal counsel at my company, and his strongest advice is to bombard them with as much evidence as possible in one go (including the ones that we originally submitted with updated versions) to make the examiner's job easier.

Based on my personal experience, kiwis are generally too sincere and we naturally spill out the truth and nothing but the truth, which may not be in our best interest... Over time, I've learnt to say only what's required and often shrugging shoulder, saying I don't know, or I forgot, or pure oversight are the better answers.

BTW, where did you file the I-751 at?

Good luck to both of us!
Cindy
  • 0

------- ROC ---------------
06.29.2011 Mailed I-751
09.22.2011 RFE

#9 KiwiB

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Posted 14 October 2011 - 04:51 PM

Filed in VT service center in march in the 90 day window. I have until January 30th to send the evidence.
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#10 Anh map

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Posted 14 October 2011 - 06:25 PM

Thank you for all of the feedback so far.

I have both of our names on the insurance for both of our cars. We also have drivers licenses showing the same address.

The "old" life insurance policy is still in effect. It's a policy on my wife with me as the beneficiary. That was taken out before we sent in the I-751.
The "new" life insurance policy is on me, with my wife as the beneficiary. This was taken out 3 months ago.

Here's the part I'm a bit stuck on - I can have my name added to our main checking account, as they specifically requested something like that. But it wouldn't span the entirety of the marriage. Am I wasting my time getting an affidavit from the bank manager stating that although my wife was the only name on the checking account, that we have been handling our finances with them as a couple. i.e. we sat down with him 6 months ago to discuss refinancing but did not go through with it.

I can also have her added to my credit card accounts, and mine to hers. Again, am I wasting my time with this?

I have personal mail that is addressed to both of us from both my side of the family and my wife's. Should I send some of this? If so, should I send copies?

Thanks again!


Adding each other to accounts now does nothing to change the past. You need documentation spanning the period of time that you've been married that shows a mixing of your two lives. Adding a name to an account that isn't your primary household account would raise more questions than it would answer.
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#11 Ed+Cindy

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Posted 14 October 2011 - 07:13 PM

I also found some good Q&A in this old forum:

I-751 RFE

We filed our I-751 in early July, and have to respond to the RFE by Dec 15th, 2011.
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------- ROC ---------------
06.29.2011 Mailed I-751
09.22.2011 RFE

#12 NinjaLadyBug

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Posted 14 October 2011 - 07:23 PM

It looks looks like the residency 'pillar',as Bob likes to put it, was not satisfied. I suspect that the reason they don't say ' send us a lease or mortgage' only is because they understand that in some cases, there is a reason people may not have one. So they extend the list to other things that may show a common household....

I think you'll be just fine with the additional documentation you are going to provide. Just make sure to write a letter explaining the house situation. Just dont say 'its HER HOUSE' too loudly. They may get stuck on the idea that married couples should share EVERYTHING so why wouldnt you consider it joint property.

Don't get me wrong. I get it. My father recently got remarried (well 6 years ago) after a marriage with my mother spanning over 20 years (she passed away). He made it abundantly clear in his will that us kids would retain the house should he die. His current wife has no stake or ownership in the home although she will live there for as long as my father is alive. He has also set up many of his assets in this way essentially excluding his current wife from older assets but maintaining that the provisions they assemble during their marriage would be hers.

So in many respects I understand that its 'her' house. So you have to show that your other newer maritial assets are just as substatial.

Like I said, I think you'll be just fine with the new list you plan to send. I'm not an expert but common sense leads me to believe your evidence will be acceptable.
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#13 scotty2009

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Posted 14 October 2011 - 07:58 PM

hello fellow kiwi! I'm the kiwi/Taiwanese wife who married my American husband. I reckon "they" probably get a kick from picking on kiwis :)

You're luckier because they asked for specific evidence. They sent me a template list of items, some of which we already submitted.
Also, last night we realised that the RFE's WAC number is different from my application WAC number, and the RFE's WAC number cannot be found on their online tracking system! Honestly, they've made so many mistakes on our case, including not sending me a NOA letter to extend my PR for 1 year, so now I'm wondering if the mistakes were made intentionally?!

Anyway, back to our RFE that we have to respond to. We had to ask our leasing agent to let me backdate my signature to reflect the reality of our joint living situation, and EVERY evidence is worth the effort! I talked with the chief legal counsel at my company, and his strongest advice is to bombard them with as much evidence as possible in one go (including the ones that we originally submitted with updated versions) to make the examiner's job easier.

Based on my personal experience, kiwis are generally too sincere and we naturally spill out the truth and nothing but the truth, which may not be in our best interest... Over time, I've learnt to say only what's required and often shrugging shoulder, saying I don't know, or I forgot, or pure oversight are the better answers.

BTW, where did you file the I-751 at?

Good luck to both of us!
Cindy


Am I missing out on something here? What does kiwi mean? :help:
  • 0

#14 milimelo

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Posted 14 October 2011 - 08:05 PM

Kiwi is a New Zealander - like their endemic bird - kiwi.

OP, you may want to send in the 2010 taxes as well - transcript or entire thing.
  • 0
Removal of Conditions Journey

3/3/2009 - Removal of conditions - sent off packet to CSC
3/5/2009 - I-751 received in CSC
3/9/2009 - Check cashed
3/20/2009 - Biometrics notice received (no NOA1)
4/2/2009 - Biometrics
4/9/2009 - NOA1 date (first undelivered one is 3/5)
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Naturalization Journey
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3/26/2010 Early biometrics done at an ASC different from the one assigned to (Original BIO date was 4/15)
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5/1/2010 Text and email interview letter sen
5/6/2010 Interview letter received - scheduled for 6/17/2010 at 10:05am
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#15 Ed+Cindy

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Posted 14 October 2011 - 08:20 PM

Yes, there are kiwi fruits, kiwi birds and kiwis in New Zealand.

BTW, another VJ member suggested that we should submit our W2 forms that show our common address.
I guess you don't have that because you're self-employed and runs a business jointly.

Has anyone suggested your driver's licenses that show the same address?
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------- ROC ---------------
06.29.2011 Mailed I-751
09.22.2011 RFE


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