Jump to content
Sign in to follow this  
Cigarovich

RFE in mail today - how depressing

33 posts in this topic

Recommended Posts

:wacko::wacko::wacko:

Oh man, I just opened a letter from USCIS that I hoped was my wife's green card and it was an RFE. Bogus :(

I'm really up a creek here since we basically submitted all the evidence we could find.

Gosh and I was having a real good weekend. Bleh.

Here is what the letter said:

"You submitted copies of your LPR card, copy of (homeowner's) insurance policy, copies of your tax returns and photos. While these docs establish that you are an LPR, that you file taxes together, the photos establish that you have met each other in person, and your insurance policy is in both your names, they do not establish that you share a bona fide marital relationship. Therefore, USCIS is requesting additional evidence in support of your petition."

The below is a list of docs we submitted:

• Copy of original request for these documents, addressed to my wife

• Copies of the green card of my wife.

• Two sworn affidavits by U.S. citizen friends, attesting to our relationship and marriage.

• Copy of joint 2008 Form 1040 U.S. Tax Return

• Copy of joint cell phone bill from AT&T

• Copy of cover page of joint apartment owner’s insurance from Allstate

• Copy of joint bank account statement from Citibank

• Copy of SUNY application receipt letter, addressed to my wife

• Collage of photos including our wedding party in December 2006, our trip to Ithaca in June 2007, our visit to Brooklyn in July 2007 and our trip to Niagara Falls in August 2009

So, as you can see, not an overwhelming amount of evidence but not a small amount either. Mitigating factors include 1) the fact the apartment I own is in my name only and I can't put it in both our names before the deadline for RFE material submission, and 2) my wife has been living abroad for about 1 1/2 years since she decided to finish her degree back in Russia after our noble experiment in trying to take advantage of the American educational system failed, but is planning to come back in the summer/fall to be with me after she completes her studies.

I'm so steamed I can't think straight but what we're planning to include for the RFE is:

1) copy of life insurance policy with her as beneficiary

2) copy of 2009 joint return

3) letter from bank officer stating the time back a few years ago when we opened the account

4) copies of my 3 itineraries from trips I made to Moscow to see her after she moved back, and likewise her visits

5) highlights of cell phone bills where we are calling each other (if I can get them)

6) pictures of her last birthday party in Moscow this April

7) letter from my cousin who happens to be a US Congressman and helped us when we had difficulties previously.

I'm also thinking about writing a kind of narrative of our time since we got back to the US (we met when I lived in Russia and moved back in 2006) and why she is not in the US right now, but I'm thinking this could backfire.

I also have a VERY personal and emotional letter she wrote me when she left. I'm loath to share it with the uncaring humanoids at USCIS but if it puts us over the top I would definitely send a copy. Would like to hear opinions on this...

As I said I'm pretty stumped - what else do they want from us - stained sheets? :bonk:

Any help, ideas, etc. appreciated...

(sigh)

Share this post


Link to post
Share on other sites
Filed: Timeline

You have a steep hill to climb, since you have been not living together for most of your marriage. It will be tough to prove bona fide's, when you are not even in the same country together.

Edited by ##########

Share this post


Link to post
Share on other sites
Filed: IR-1/CR-1 Visa Country: China
Timeline

Ya - I'm thinking someone at USCIS looked up her entry/exit timestamps, noticed something wonky.


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Jamaica
Timeline

I'm not sure if I missed it but I didn't see a lease or house title with both your names on it. That might help to establish a marital relationship. Who knows...USCIS is a strange beast. Some people submit much less than that and get approved quickly.


NATURALIZATION
07-03-2013: Eligible to file
07-22-2013: Application sent (Delivered: 07-24-13)
08-05-2013: NOA1 received (Priority date: 07-24-13, Check cashed: 07-29-13)
08-22-2013: Biometrics (Received: 08-06-13, Walk-in: 08-08-13)
09-03-2013: Inline for interview (Yellow letter received: 10-23-13)
11-04-2013: Interview scheduled (Received: 11-09-13)
12-12-2013: Interview (Approved)
01-03-2014: Oath ceremony, passport application and passport received

DONE!

Share this post


Link to post
Share on other sites
Filed: Lift. Cond. (apr) Country: Japan
Timeline

Where do you guys live? (As mentioned above, what is your living arrangement? Do you own a place? Rent a place?)

Mitigating factors include 1) the fact the apartment I own is in my name only and I can't put it in both our names before the deadline for RFE material submission, and 2) my wife has been living abroad for about 1 1/2 years since she decided to finish her degree back in Russia after our noble experiment in trying to take advantage of the American educational system failed, but is planning to come back in the summer/fall to be with me after she completes her studies.

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Jamaica
Timeline

I missed that part too. Perhaps you could explain those details in a letter. If anything they will just ask you guys to come in for an interview. Everything will be o.k.


NATURALIZATION
07-03-2013: Eligible to file
07-22-2013: Application sent (Delivered: 07-24-13)
08-05-2013: NOA1 received (Priority date: 07-24-13, Check cashed: 07-29-13)
08-22-2013: Biometrics (Received: 08-06-13, Walk-in: 08-08-13)
09-03-2013: Inline for interview (Yellow letter received: 10-23-13)
11-04-2013: Interview scheduled (Received: 11-09-13)
12-12-2013: Interview (Approved)
01-03-2014: Oath ceremony, passport application and passport received

DONE!

Share this post


Link to post
Share on other sites
Filed: Timeline

We are in a quite similar situation where my husband goes to school in a different state, and I can't quit my job in this economy. We submitted the same amount of paperwork as yours and got approved quickly. I wrote in the cover letter the details of our situation explaining why we are not living together, how we communicate to keep our relationship alive, and also our concrete plan to reunite in the near future. Travel documents (air tix, boarding passes, pictures, etc.) and communication records are very helpful. I think it's a matter of trust. Just be honest, and USCIS will understand.

All the best to you. It will take some time but I think you will get approved eventually.

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Ghana
Timeline

Eventhough your evidence doesn't look bad, it seems they have taken exception to the fact that you and your wife have pretty much not lived together as a couple in a year and half. Someone may have taken a gander at her travel pattern and decided to turn up the heat a little on your case. Look around the house and you may come accross more bills and randon mail addressed to you guys over the past year. Good luck.

Share this post


Link to post
Share on other sites

We are in a quite similar situation where my husband goes to school in a different state, and I can't quit my job in this economy. We submitted the same amount of paperwork as yours and got approved quickly. I wrote in the cover letter the details of our situation explaining why we are not living together, how we communicate to keep our relationship alive, and also our concrete plan to reunite in the near future. Travel documents (air tix, boarding passes, pictures, etc.) and communication records are very helpful. I think it's a matter of trust. Just be honest, and USCIS will understand.

All the best to you. It will take some time but I think you will get approved eventually.

Excellent advice. I'm printing skype chats and call records as you read this. Thanks! :thumbs:

Share this post


Link to post
Share on other sites
Filed: IR-1/CR-1 Visa Country: China
Timeline

We are in a quite similar situation where my husband goes to school in a different state, and I can't quit my job in this economy. We submitted the same amount of paperwork as yours and got approved quickly. I wrote in the cover letter the details of our situation explaining why we are not living together, how we communicate to keep our relationship alive, and also our concrete plan to reunite in the near future. Travel documents (air tix, boarding passes, pictures, etc.) and communication records are very helpful. I think it's a matter of trust. Just be honest, and USCIS will understand.

IMO, it's a bit different when the foreign spouse is OUT OF THE COUNTRY and the USC Spouse is in the USA, for such an extended period of time. Just saying... IMO - more scrutiny than your particular situation.


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

Share this post


Link to post
Share on other sites
Filed: IR-1/CR-1 Visa Country: Russia
Timeline

A statement describing your marriage, explaining your living arrangements and stating your future plans of living together should help a lot, backed up with evidence of travel to see each other and evidence of constant communication.

The worst case scenario - they will call you for an interview. Calm down and try to come up with every possible bit of info showing that your finances co-mingle, that your relationship is "alive" and that she will come back to live with you in very near future. :yes:


CR-1 Timeline

March'07 NOA1 date, case transferred to CSC

June'07 NOA2 per USCIS website!

Waiver I-751 timeline

July'09 Check cashed.

Jan'10 10 year GC received.

Share this post


Link to post
Share on other sites
Filed: IR-1/CR-1 Visa Country: Canada
Timeline

Sorry to hear of the RFE, I hope it gets resolved. I have a major concern now. I have been reading VJ and keeping track of how to do all of this process. I'm so confused now reading this and having just assembled our i-130, this is very upsetting to read. I have been told over and over on this site that I had to return to Canada until my Visa is approved and then I can move to the USA when i'm approved.

I visit my husband every other week here in the USA.

Now i'm reading that potentially we'll have problems because i'm NOT in the USA and NOT living together??? God help me. Is there anyone out there who can explain this to me?


Feb 14, 2010 - Engaged :-)
Apr 17, 2010 - Married
May 24, 2010 - I-130 Sent to USCIS
Oct 20, 2010 - : I-130 NOA2 APPROVED..GOD IS GOOD!!!!! smile.png
Oct 26, 2010 : NVC Received
Dec 06, 2010 - Case Complete at NVC
Jan 24, 2011 - Medical exam
Feb 24, 2011 - Passed, welcome to USA
Mar 04, 2011 - POE - Detroit, MI
Mar 14, 2011 - SSN# Rec'd
Mar 24, 2011 - smile.png GC and Welcome Letter
Sept 19, 2011- Filed I-130 for my son (his step son)
June 14, 2013-APPROVED, 10 YR GC IN THE MAIL

Mar 3, 2014- N-400

May 12, 2014 Interview for Citizenship- PASSED!

June 12th, USA citizen - Oath Ceremony...all done here!!

Share this post


Link to post
Share on other sites

Now i'm reading that potentially we'll have problems because i'm NOT in the USA and NOT living together??? God help me. Is there anyone out there who can explain this to me?

You may be confusing what the OP is talking about and your visa path - they're not the same thing. The OP is at the Lifting/Removing of Conditions stage (their PR/Green Card was issued almost 2 years ago).

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...