Received I-797E Request for Evidence

[waiting4ever 0]

I filed I-751 for my wife on September 14. She had her biometrics taken on October 19. When I submitted the I-751, I submitted evidence of our marriage such as joint tax returns and statements of two bank accounts that we have jointly. We both work part-time and did file joint income tax returns last year.

Today, I received I-751 Request for Evidence that asks for evidence by December 17 or the claim will be denied. I don't really have any other evidence besides the one that I submitted initially. We do have a lot of pictures but I don't know how much credibilty is given to pictures. We don't really have any property that we own or lease together. We do not have a great deal of evidence since we are both full time students and live with my parents. We also don't have any children together. How typical is it to receive such a notice. Is it something to worry about?

Thanks in advance.

[yeiser 0]

Does RFE ask for specific evidence? If yes, what exactly.

Also, which service center you filed at? California or Vermont?

[Anh map 2,098]

You want to submit evidence of a comingling of lives. The I-751 instructions give a broad list of potential evidence.

Without sufficient evidence of a bona fide marriage your spouse may not get another green card. So it is something to take seriously.

Some examples would be: joint accounts & memberships, mail addressed to the both of you at the same address, joint tax returns, driver's licenses showing a common address, affidavits from family & friends, photos, boarding passes from travel together, etc.

Edited November 13, 2009 by Anh map

[waiting4ever 0]

I filed with California service center. The RFE doesn't ask for specific evidence. It just has a attached sheet that pretty much lists all types of evidence such as mortgage agreements, insurance policies, loan documents, rental lease agreements and other documents which shows joint ownership of assets or property.

[Rings 10]

You say you live with your mom, you should have her draw up a lease for you and have you both sign and notarize it. They probably accepted your income tax and everything, but they need to prove you actuially live together. Or if possible can your mom have you both added to her lease and submit a copy of that?

[Dakine 26]

Picture is worth a 1000 words! With captions even more.

[Kabigon 0]

You say you live with your mom, you should have her draw up a lease for you and have you both sign and notarize it. They probably accepted your income tax and everything, but they need to prove you actuially live together. Or if possible can your mom have you both added to her lease and submit a copy of that?

This is what we did too. Both my wife and I live at our parents' house as well. We also go to school and are working part-time. What we did was have our parents write a letter with their signatures stating that we (their son and son's wife) are currently living at their residence (insert address) since (insert date) and that my parents were paying the utilities plus rent. We sent this letter in for our I-485 AOS & recent I-751 ROC application with this included letter. Everything went smoothly as we just got approved too. Hope this helps. OP, good luck in your process!

Edited November 13, 2009 by Kabigon

[Otto 83]

I filed I-751 for my wife on September 14. She had her biometrics taken on October 19. When I submitted the I-751, I submitted evidence of our marriage such as joint tax returns and statements of two bank accounts that we have jointly. We both work part-time and did file joint income tax returns last year.

Today, I received I-751 Request for Evidence that asks for evidence by December 17 or the claim will be denied. I don't really have any other evidence besides the one that I submitted initially. We do have a lot of pictures but I don't know how much credibilty is given to pictures. We don't really have any property that we own or lease together. We do not have a great deal of evidence since we are both full time students and live with my parents. We also don't have any children together.

• Do you both drive/have a DL/State ID? Then they both probably have the same address right?
• Get bills sent to the house (even if not joint bills) such as cell phones, subscriptions, etc - they would show the same address.
• Have health or life insurance? (They would show both address and marital status most likely)
• W-2's (or pay stubs) may show your address and perhaps marital status.
• I'm not sure some sort of drawn up lease is appropriate unless you are actually paying your mother rent - but an affidavit from her might help (saying you both live there)
• School records - showing you both with the same address

  Etc...

Just a few thoughts to get the juices flowing.

How typical is it to receive such a notice.

It is typical if yours is the type of case that would give them concern and there is not a lot of strong evidence supplied initially.

Is it something to worry about?

Worry? No (not necessarily) - Take seriously? Absolutely (as stated above, it could mean the difference between obtaining a new/10-year PR/Green card and going home).

[mozplay 28]

The advice given is good. However, it would help if you gave us an exact list of what you sent them - we could better help fill in any holes then.

My first idea when you posted was that you were missing something showing joint residence. Rings and Kabigon have addressed that issue nicely.

[waiting4ever 0]

Thank you all for the excellent advice. Initially, I sent them online printouts of our two joint bank accounts and copies of the joint tax returns that we filed last year. I also sent them a copy of the iterinary of our trip to India this summer. I am in the process of gathering all the evidence that shows that we are married. I can send copies of our driver licenses, our car insurance policies, school records that show same address. I am also adding my wife's name to the cell phone plan since we have a family plan. I was thinking about getting affadavits from my parents but they are outside of the country right now and this makes a little bit difficult. I only have until December 17 to submit all the evidence. . I would appreciate if I can get some suggestions on other types of evidence.

Thanks

[Amit-N-Melody 11]

Proof that you are married??? did you not submit a marriage certificate... sometimes I am a little slow.. But to me that is what it is sounding like wha they need.. I would definitely send in affidavites from family and friends that have witnessed your wedding and seen yall as a happy married couple. As far as other evidence, If you have bank account info and tax return info.. I agree with the others... DL with same address and the like... I would just like to know If you sent in a marriage certificate or not.... and then maybe we could help you better

[waiting4ever 0]

Proof that you are married??? did you not submit a marriage certificate... sometimes I am a little slow.. But to me that is what it is sounding like wha they need.. I would definitely send in affidavites from family and friends that have witnessed your wedding and seen yall as a happy married couple. As far as other evidence, If you have bank account info and tax return info.. I agree with the others... DL with same address and the like... I would just like to know If you sent in a marriage certificate or not.... and then maybe we could help you better

I submitted the copy of my marriage certificate when I filed I130 after I got married. My wife also showed the original marriage certificate when she had her interview.

[2Phantastic 0]

Same thing happened to us and it is stressing me out!! We sent in joint bank accounts, some pictures, life insurance, 2 affidavits.

Now we will be sending more letters, trying to get my husband on our lease and more pics from before when we dated up until now. We are in the same boat and have til Dec 17th as well! So stressful!!

[Otto 83]

Same thing happened to us and it is stressing me out!! We sent in joint bank accounts, some pictures, life insurance, 2 affidavits.

Now we will be sending more letters, trying to get my husband on our lease and more pics from before when we dated up until now. We are in the same boat and have til Dec 17th as well! So stressful!!

Kathryn41 posted some great ideas in one of 2Phantasitc's questions about the same topic. (Thought I'd post them here - I updated the format a bit)

I also used:

• Our pets' microchip registration showing both our names - if you have pets that might be something;
• Our HOA residency list showing both of us at the same address -
• will the landlord write a letter stating you both live at the same address even if he won't add him to the lease?;
• Our wills;
• AAA cards (same account);
• Costco cards (same account);
• Emergency Contact information from my husband's work listing me as spouse and first contact name (does his student registration or enrollment list you as spouse and contact name?);
• health cards (same account);
• car registration with both our names;
• car loan with both our names;
• travel documents together;
• family cell phone plan with both our names listed;
• photos showing us with each other's families at holidays (ie. Thanksgiving, Christmas),
• any sort of evidence of packages delivered in either both your names or in his name to your address; etc.

On the joint bank account statements I highlighted where the mortgage was paid from the joint account since I am not on the title or mortgage (that might work for you - a joint account with rent and household bills highlighted on the account - and evidence that he also uses that account);

Make sure your documents cover the whole time of your marriage so you may wish to include more bank account statements covering the whole time of your marriage.

Think creatively - good luck!

Original Thread

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