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Questions about RFE

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Hi everyone,

We filled ROC in May 2015 in California. We just received a RFE letter today saying:

"You provided some evidence of martial bona fides. However, the documentation submitted is insufficient because:

- The joint bank statements submitted are incomplete and do not demonstrate a comingling of finances for the full duration of the marriage

- The tax return transcripts you submitted are incomplete and do not include attachments such as W-2 records, tuition statements, etc

- The "California Advanced Health Care Directive" documentation you submitted does not indicate the active health insurance policy between you and the petitioning spouse for the duration of the marriage.

- The copies of the "California Statutory Will" you submitted do not show to be recored or legally represented documents."

So my questions are:

1. How many bank statements should we submit this time?

2. We got married in March 2013, but we didn't think about doing the "California Advanced Health Care Directive" and "California Statutory Will" until October 2014. Therefore, we don't have those for the length of our marriage. How should I present this fact to USCIS?

3. Did anybody have experiences in doing the "California Statutory Will"? We didn't hire an attorney to do this for us because we thought we could follow the instructions and had 2 witnesses at the time we signed the wills. I don't understand why they say that our wills are not legal.

Any helps would be very much appreciated.

Thank you!

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Filed: Lift. Cond. (apr) Country: China
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Hi everyone,

We filled ROC in May 2015 in California. We just received a RFE letter today saying:

"You provided some evidence of martial bona fides. However, the documentation submitted is insufficient because:

- The joint bank statements submitted are incomplete and do not demonstrate a comingling of finances for the full duration of the marriage

- The tax return transcripts you submitted are incomplete and do not include attachments such as W-2 records, tuition statements, etc

- The "California Advanced Health Care Directive" documentation you submitted does not indicate the active health insurance policy between you and the petitioning spouse for the duration of the marriage.

- The copies of the "California Statutory Will" you submitted do not show to be recored or legally represented documents."

So my questions are:

1. How many bank statements should we submit this time? All documents since the inception of the marriage.

2. We got married in March 2013, but we didn't think about doing the "California Advanced Health Care Directive" and "California Statutory Will" until October 2014. Therefore, we don't have those for the length of our marriage. How should I present this fact to USCIS?Yes, explain your specific situation.

3. Did anybody have experiences in doing the "California Statutory Will"? We didn't hire an attorney to do this for us because we thought we could follow the instructions and had 2 witnesses at the time we signed the wills. I don't understand why they say that our wills are not legal. It doesn't matter why. You have to be able to produce legal wills, DPOAs, HCPOAs. We had good success with Legalzoom.com.

Any helps would be very much appreciated.

Thank you!

Welcome to the forum.

The tone of your RFE sounds like the same type of USCIS has been recently been focusing on. Here is a recent similar-themed link: http://www.visajourney.com/forums/topic/568528-rfe-for-roc/page-2 Read some previous threads this topic has been getting a lot of attention lately.

Good luck on your immigration journey.

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

"Si vis amari, ama" - Seneca

 

 

 

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Was the will signed/witnessed in front of a notary? Was it notarized?

Mahalo/Salamat!

Steve and Joan
Met on Facebook 2/24/12
Met in person 6/5/12
Second visit 10/2/12
Engaged 10/3/12
NOA10/15/12
Third visit 12/10/12
Joan got her passport! 2/20/13
NOA2 4/24/13
Fourth visit 5/28/13
CFO 5/30/13
Embassy Interview APPROVED 6/6/13

Joan passed through immigration in Hawaii! She's home! 6/13/13

MARRIED 8/24/13

AOS, EAD and AP petitions sent to Chicago via Express Mail

EAD/AP Received 11/13/13

AOS Interview APPROVED 11/26/13

2-year Green Card in hand 12/5/13

ROC (I-751) sent to CSC via USPS Express Mail 8/31/15

ROC check cashed 9/4/15

ROC Biometrics 10/1/15

ROC Approval 4/6/16 (waiting for actual card)

Permanent Green Card Arrived 4/14/16
Naturalization Interview 2/22/17 APPROVED!

Oath Ceremony 3/21/17--Joan is a US Citizen!

Dual Citizenship 7/7/22 Joan is now a Dual US/Filipino Citizen!

Kayak small lagoon crop 10 72 for VJ.jpg

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Was the will signed/witnessed in front of a notary? Was it notarized?

No it wasn't notarized. But it was a simple will which we downloaded the fill-in-the-blank form online. It was called "California Statutory Will". The instruction said that it didn't need to be notarized as long as there were 2 witnesses sign our wills. So we had 2 witnesses there when we signed the wills, and they also signed ours. But USCIS said that "the wills do not show to be recorded or legally represented." So we didn't know what to do or how to reply to them. Please help!

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No it wasn't notarized. But it was a simple will which we downloaded the fill-in-the-blank form online. It was called "California Statutory Will". The instruction said that it didn't need to be notarized as long as there were 2 witnesses sign our wills. So we had 2 witnesses there when we signed the wills, and they also signed ours. But USCIS said that "the wills do not show to be recorded or legally represented." So we didn't know what to do or how to reply to them. Please help!

I would print out the signature page again and go to your bank or other notary with your witnesses. Resign in front of the notary and have it notarized. I think that would help.

Mahalo/Salamat!

Steve and Joan
Met on Facebook 2/24/12
Met in person 6/5/12
Second visit 10/2/12
Engaged 10/3/12
NOA10/15/12
Third visit 12/10/12
Joan got her passport! 2/20/13
NOA2 4/24/13
Fourth visit 5/28/13
CFO 5/30/13
Embassy Interview APPROVED 6/6/13

Joan passed through immigration in Hawaii! She's home! 6/13/13

MARRIED 8/24/13

AOS, EAD and AP petitions sent to Chicago via Express Mail

EAD/AP Received 11/13/13

AOS Interview APPROVED 11/26/13

2-year Green Card in hand 12/5/13

ROC (I-751) sent to CSC via USPS Express Mail 8/31/15

ROC check cashed 9/4/15

ROC Biometrics 10/1/15

ROC Approval 4/6/16 (waiting for actual card)

Permanent Green Card Arrived 4/14/16
Naturalization Interview 2/22/17 APPROVED!

Oath Ceremony 3/21/17--Joan is a US Citizen!

Dual Citizenship 7/7/22 Joan is now a Dual US/Filipino Citizen!

Kayak small lagoon crop 10 72 for VJ.jpg

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I would print out the signature page again and go to your bank or other notary with your witnesses. Resign in front of the notary and have it notarized. I think that would help.

*re-sign*

Mahalo/Salamat!

Steve and Joan
Met on Facebook 2/24/12
Met in person 6/5/12
Second visit 10/2/12
Engaged 10/3/12
NOA10/15/12
Third visit 12/10/12
Joan got her passport! 2/20/13
NOA2 4/24/13
Fourth visit 5/28/13
CFO 5/30/13
Embassy Interview APPROVED 6/6/13

Joan passed through immigration in Hawaii! She's home! 6/13/13

MARRIED 8/24/13

AOS, EAD and AP petitions sent to Chicago via Express Mail

EAD/AP Received 11/13/13

AOS Interview APPROVED 11/26/13

2-year Green Card in hand 12/5/13

ROC (I-751) sent to CSC via USPS Express Mail 8/31/15

ROC check cashed 9/4/15

ROC Biometrics 10/1/15

ROC Approval 4/6/16 (waiting for actual card)

Permanent Green Card Arrived 4/14/16
Naturalization Interview 2/22/17 APPROVED!

Oath Ceremony 3/21/17--Joan is a US Citizen!

Dual Citizenship 7/7/22 Joan is now a Dual US/Filipino Citizen!

Kayak small lagoon crop 10 72 for VJ.jpg

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