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to_schoi

RFE

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Filed: IR-1/CR-1 Visa Country: Peru
Timeline

Hi all,

My husband and I got rejected for a fiance visa because we got a really nasty consular officer. He asked us all these probing questions about sex which I thought were highly inappropriate, but I won't get started. Anyway, I was expecting to get an RFE asking us to explain. I have a lot of documents like letters from people that know us both and all of the transcripts of our instant message conversations and emails (there are over 100 pages). I also have plane ticket receipts (with both our names to the same destination) and hotel receipts (but unfortunately, many don't have his name in the electronic receipt). The RFE says we need to submit evidence that shows we have an established married life together that may include but is not limited to:

Documents of joint property, leases, joint financial resources, jointly filed income taxes, affidavits of third parties with knowledge of the bona fides of the marriage relationship.

I find the requirement of joint financials slightly laughable because, at least as far as joint bank account is concerned, we can't legally set up a joint account if my husband is not in the country (which of course he's not allowed to be because we're filing for the visa). Has anyone else gone through this? And if so, do you think the documentation I have is enough? Thanks in advance for any advice you can provide!


5/30/05 – I-129F sent via Fedex

6/3/05 – I-129F received by Vermont Service Center. NOA1 mailed

6/6/05 - Touched

6/7/05 – Check cashed

6/9/05 - NOA1 received

6/20/05 - Application approved online! Woo hoo!! Waiting for NOA2 in the mail.

6/21/05 - Touched

9/8/05 - Interview --> Rejected; Getting married in Nov and trying again

11/24/05 - Went to Peru and got married!!

12/5/05 - Sent I-130

12/8/05 - NOA1 received

12/12/05 - Touched

12/18/05 - Touched

2/3/06 - Touched

2/6/06 - Touched

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Filed: Citizen (pnd) Country: Canada
Timeline
I find the requirement of joint financials slightly laughable because, at least as far as joint bank account is concerned, we can't legally set up a joint account if my husband is not in the country (which of course he's not allowed to be because we're filing for the visa). Has anyone else gone through this? And if so, do you think the documentation I have is enough? Thanks in advance for any advice you can provide!

I am sure that the USCIS finds it just as laughable as the fact that you entered into a legitimate marriage with an overseas person and the only evidence of this relationship you posess are some ticket stubs and a phone record.

There is no law against you putting them on a US bank account. Its just difficult to do unless he has a tax number or SSN. Many people get approved with less though. The Marriage Certificate itself is the only documentation they require at the service center so you probably will not get RFE'd for anything else. Its the damned Consular official you have to worry about. He is likely to be the same guy... Make sure you both show up for the interview and bring wedding pictures and letters of support from family etc.


IR1

April 14, 2004 I-130 NOA1

April 25, 2005 IR1 Received

April 26, 2005 POE Dorval Airport

May 13, 2005 Welcome to America Letters Received

May 21, 2005 PR Card in Mail

May 26, 2005 Applied for SSN at local office

June 06, 2005 SSN Received

June 11, 2005 Driver Licence Issued!

June 20, 2005 Deb gets a Check Card! Just like Donald Trump's!

Citizenship

Jan 30, 2008 N400 Mailed off to the VSC!

Feb 2, 2008 N400 Received at VSC

Feb 6, 2008 Check Cashed!

Feb 13, 2008 NOA1 Received

Feb 15, 2008 Fingerprint letter received. (Feb 26th scheduled)

Feb 18, 2008 Mailed out the old Please Reschedule us for Biometics <sigh>...

Feb 27, 2008 Received the new scheduled biometrics.

Mar 15, 2008 Biometrics Rescheduled.

Sep 18, 2008 Interview Letter Recieved.

Nov 11, 2008 Interview Passed :-).

Nov 14, 2008 Oath Cerimony.

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Filed: Citizen (pnd) Country: England
Timeline

I find the requirement of joint financials slightly laughable because, at least as far as joint bank account is concerned, we can't legally set up a joint account if my husband is not in the country (which of course he's not allowed to be because we're filing for the visa). Has anyone else gone through this? And if so, do you think the documentation I have is enough? Thanks in advance for any advice you can provide!

I am sure that the USCIS finds it just as laughable as the fact that you entered into a legitimate marriage with an overseas person and the only evidence of this relationship you posess are some ticket stubs and a phone record.

Wow- I don't think that comment was necessary!


See my timeline for all previous dates!

Naturalization:

6/28/09: Mail N-400 to Texas

7/6/09: NOA1

7/24/09: Biometrics

10/08/09: Interview

11/21/09: Receive oath date

01/22/10: Oath Date

With thanks to all the helpful people who made this journey slightly more bearable.

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Filed: IR-1/CR-1 Visa Country: Jordan
Timeline
The RFE says we need to submit evidence that shows we have an established married life together that may include but is not limited to:

Documents of joint property, leases, joint financial resources, jointly filed income taxes, affidavits of third parties with knowledge of the bona fides of the marriage relationship.

do you think the documentation I have is enough? Thanks in advance for any advice you can provide!

you know, they are not asking for joint financial docs...its just a suggestion in a list of suggestions. If you haven't filed 05 taxes yet you can file jointly, send pictures. while traveling certainly you took pictures, maybe on your wedding day too. you can send the travel docs and phone records and the affidavits from freinds or whoever to vouch for your relationship, you can submit letters and cards you've sent each other...the list they sent you was all suggestions. send whatever you have to show for your relationship. Did you send pictures with the I130? If you did be careful to send different ones.

good luck


3dflags_jor0001-0001a.gif3dflags_usa0001-0001a.gif

Hatem & Dawn

Dec 09, 2004 I130 sent to USCIS

Mar 02, 2006 Arrives in US

15 months start to finish for cr-1 from Amman with no RFEs, ARs or other bonus hang-ups

complete timeline in profile

Nov 27, 2007 Three year Annivrsary. Two more and I can apply for a Jordanian Passport, and then we're going to Cuba (Just because I can). can't wait...

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Filed: K-3 Visa Country: Italy
Timeline

Hi to_schoi,

I found the financial requirements counterintuitive too! Thankfully, the Naples embassy didn't even ask to look at our stuff. ... Before arriving in the US, my husband was not on any of my bank accounts, but I did add him to my health insurance. Often you don't need an SSN or ID to do that. Check with your provider. ...


You will never grow old to me, or die, or be lost in any way.

--Edna St. Vincent Millay

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Filed: IR-1/CR-1 Visa Country: Peru
Timeline

Thanks for your suggestions. I have photos and everything else, so I'll start compiling them. :D


5/30/05 – I-129F sent via Fedex

6/3/05 – I-129F received by Vermont Service Center. NOA1 mailed

6/6/05 - Touched

6/7/05 – Check cashed

6/9/05 - NOA1 received

6/20/05 - Application approved online! Woo hoo!! Waiting for NOA2 in the mail.

6/21/05 - Touched

9/8/05 - Interview --> Rejected; Getting married in Nov and trying again

11/24/05 - Went to Peru and got married!!

12/5/05 - Sent I-130

12/8/05 - NOA1 received

12/12/05 - Touched

12/18/05 - Touched

2/3/06 - Touched

2/6/06 - Touched

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Filed: K-3 Visa Country: Peru
Timeline

Sorry about the nasty CO you encountered. I heard about him. Did you also apply for the K-3? It might be faster than just the CR-1. For the k-3 interview, I only had to show them my tax reteurns, emails, and photos. That was it. But you never know...

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Filed: Country: Canada
Timeline
Sorry about the nasty CO you encountered. I heard about him. Did you also apply for the K-3? It might be faster than just the CR-1. For the k-3 interview, I only had to show them my tax reteurns, emails, and photos. That was it. But you never know...

You need to focus on how you're going to change the CO's mind that you did not get married for the purpose of subverting immigration laws. If he wasn't convined of that before, he won't be convinced of that now just becasue you got married.

Start building your case and get evidence that your relationship is legitimate. Make sure you are at the interview, start to build a shared life together. File income taxes as married filing jointly, get some bank accounts together, name each other as bebeficiaries on each other's will and life insurance policies, spend as much time together as possible... you need to build your case and change his mind... just getting married is not going to do that.

Just to let you know.. those questions about sex were not inappropriate.. they were fair game... true couples are intimate with each other and it is within the bounds of the consular officer to probe into the level of your intimacy. That will be even greater now that you are married....

Edited by zyggy

Knowledge itself is power - Sir Francis Bacon

I have gone fishing... you can find me by going here http://**removed due to TOS**

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Filed: K-3 Visa Country: Sweden
Timeline
Hi to_schoi,

I found the financial requirements counterintuitive too! Thankfully, the Naples embassy didn't even ask to look at our stuff. ... Before arriving in the US, my husband was not on any of my bank accounts, but I did add him to my health insurance. Often you don't need an SSN or ID to do that. Check with your provider. ...

I did this also. It is a nice touch because you get a policy with his name and your name.

I am curious about how personal the questions were.


I-130

2005-09-23 Sent I-130.

2005-10-05 I-130 NOA1

2006-02-19 *touched*

2006-02-21 RFE

2006-03-09 RFE received by CSC

2006-03-29 I-130 NOA2

2006-03-31 *touched*

2006-04-01 *touched*

2006-04-12 NVC assigned case number

I-129F

2005-11-18 I-129F Sent

2005-11-29 I-129F NOA1

2005-12-27 I-129F RFE :(

2006-01-13 I-129F RFE Reply sent.

2006-01-25 *touched*

2006-01-26 I-129F RFE received

2006-04-04 *touched*

2006-04-04 NOA2 **approved!!!**

2006-04-20 NVC assigned case number

2006-04-21 case forwarded to embassy

2006-04-26 packet 3 received

2006-05-02 packet 3 sent

2006-05-04 packet 4 received

2006-05-15 Interview in Stockholm **APPROVED**

2006-05-23 My sweetie is coming home!!

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Filed: Timeline

shakysgirl,

The comment is directly to the point. As zyggy also points out, simply getting married does not address the core issue of the purpose of the realtionship, whether the relationship is pre-marriage or post-marriage.

to_schoi needs to understand the issue in order to address it successfully.

And it is quite legal to set up a joint bank account here in the USA no matter where the spouse happens to be.

Yodrak

I find the requirement of joint financials slightly laughable because, at least as far as joint bank account is concerned, we can't legally set up a joint account if my husband is not in the country (which of course he's not allowed to be because we're filing for the visa). Has anyone else gone through this? And if so, do you think the documentation I have is enough? Thanks in advance for any advice you can provide!

I am sure that the USCIS finds it just as laughable as the fact that you entered into a legitimate marriage with an overseas person and the only evidence of this relationship you posess are some ticket stubs and a phone record.

Wow- I don't think that comment was necessary!

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Filed: Country: Morocco
Timeline

When I went to my bank they would not allow me to add my husbands name to my account or open up a new account unless he was actually there in person. This is required to them since the new Patriot Law they said. So if you can get your Bank to break the law, good luck. But the USCIS knows this and they shouldn't hold it against you if you don't have joint accounts.

I find the requirement of joint financials slightly laughable because, at least as far as joint bank account is concerned, we can't legally set up a joint account if my husband is not in the country (which of course he's not allowed to be because we're filing for the visa). Has anyone else gone through this? And if so, do you think the documentation I have is enough? Thanks in advance for any advice you can provide!

I am sure that the USCIS finds it just as laughable as the fact that you entered into a legitimate marriage with an overseas person and the only evidence of this relationship you posess are some ticket stubs and a phone record.

There is no law against you putting them on a US bank account. Its just difficult to do unless he has a tax number or SSN. Many people get approved with less though. The Marriage Certificate itself is the only documentation they require at the service center so you probably will not get RFE'd for anything else. Its the damned Consular official you have to worry about. He is likely to be the same guy... Make sure you both show up for the interview and bring wedding pictures and letters of support from family etc.

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