RFE

[to_schoi 0]

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!

[cmartyn 0]

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.

[shakysgirl 1]

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!

[dawnnhatem 0]

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

[Kaalyx 0]

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. ...

[to_schoi 0]

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

[hello28 0]

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...

[zyggy 9]

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 February 23, 2006 by zyggy

[meddykomp 0]

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.

[Yodrak 7]

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!

[ohiobuck 0]

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.