Very Frustrated; RFE

[The_Sage1 2]

My wife and I have come a long ways on our visa journey, getting through the hardest(and most expensive stuff), but 2 1/2 years down the road during the removal of conditions process, an RFE comes to haunt us. We filed for her removal of conditions in February or March...and waited so long, and nothing. And then this past week we finally got something, hoping it was a letter for approval, but instead an RFE. I thought I had placed a pretty good(and convincing package) together to send to the USCIS, but apparently it wasn't enough to convince them. And my wife is worried they won't approve her. The things I sent the USCIS:

Recent Joint Bank Account Statement

Recent Lease Agreement

2011 Tax Return

401K Form (they claimed we just sent them an application for 401K, that it's not evidence of an account)

One Photo and 2 Post Cards

It is saying we need to submit Financial Records of joint accounts. I thought the bank page was enough, with both our names and same address on it. I don't have certain things, like our car insurance is under my parent's plan...and we don't have a joint credit card. We don't have joint health insurance either. I know that she has a life insurance policy though. We misplaced our W-2's, though I thought I sent them to the USCIS along with the 2011 tax returns. I can get another one, but it takes a week or 2 to get them.

It also says to submit evidence that we reside together. I thought the lease would be good enough. I do have a water/gas bill with both our names on it. The electric bill is in my name and the cable bill is in her name. Can I use both?

My other question is...do people ever get denied the removal of conditions for stupid reasons? I think we have all the proof we live together, it just seems like the USCIS is not easily convinced or anything :/

Edited December 8, 2012 by The_Sage1

[BigDaddy28 228]

My wife and I have come a long ways on our visa journey, getting through the hardest(and most expensive stuff), but 2 1/2 years down the road during the removal of conditions process, an RFE comes to haunt us. We filed for her removal of conditions in February or March...and waited so long, and nothing. And then this past week we finally got something, hoping it was a letter for approval, but instead an RFE. I thought I had placed a pretty good(and convincing package) together to send to the USCIS, but apparently it wasn't enough to convince them. And my wife is worried they won't approve her. The things I sent the USCIS:

Recent Joint Bank Account Statement

Recent Lease Agreement

2011 Tax Return

401K Form (they claimed we just sent them an application for 401K, that it's not evidence of an account)

One Photo and 2 Post Cards

It is saying we need to submit Financial Records of joint accounts. I thought the bank page was enough, with both our names and same address on it. I don't have certain things, like our car insurance is under my parent's plan...and we don't have a joint credit card. We don't have joint health insurance either. I know that she has a life insurance policy though. We misplaced our W-2's, though I thought I sent them to the USCIS along with the 2011 tax returns. I can get another one, but it takes a week or 2 to get them.

It also says to submit evidence that we reside together. I thought the lease would be good enough. I do have a water/gas bill with both our names on it. The electric bill is in my name and the cable bill is in her name. Can I use both?

My other question is...do people ever get denied the removal of conditions for stupid reasons? I think we have all the proof we live together, it just seems like the USCIS is not easily convinced or anything :/

They rarely get denied. What you need is send all the bills in both your names, even the electrical bill and the cable. The lease send all the pages make sure about that.

Taxes send more than just 2011, send all the ones that you filed together since you got married. Her life insurance are you the beneficiary in it? If so send that too. Bank account statments: send all the pages for each month not only the first page. W2s order them and send it to, all the years you filed together for both. send more than 1 photo, cover as much as you can of your marriage with photos, not videos they won't accept that.

Edited December 8, 2012 by silkafi88

[jkelly07 120]

yes you need more than that you listed,like both names on the checking. credit cards.three years tax transcripts it takes two weeks to get thenm or go to the IRS office get them the same day,some utility bills togather both names, your cell phones family plan. both driver license showing the same address,any loans togather,a lease.any mail addressed to both of you, junk mail.medical bills dental bills,a letter from friends that your a loving couple true marriage,wedding pictures, pictures togather holidays birthdays anniversity.any trips togather see if you can use any of these. good luck,

[VanessaTony 3,567]

I thought I had placed a pretty good(and convincing package) together to send to the USCIS, but apparently it wasn't enough to convince them. And my wife is worried they won't approve her. The things I sent the USCIS:

Recent Joint Bank Account Statement

Recent Lease Agreement

2011 Tax Return

401K Form (they claimed we just sent them an application for 401K, that it's not evidence of an account)

One Photo and 2 Post Cards

It is saying we need to submit Financial Records of joint accounts. I thought the bank page was enough, with both our names and same address on it. I don't have certain things, like our car insurance is under my parent's plan...and we don't have a joint credit card. We don't have joint health insurance either. I know that she has a life insurance policy though. We misplaced our W-2's, though I thought I sent them to the USCIS along with the 2011 tax returns. I can get another one, but it takes a week or 2 to get them.

It also says to submit evidence that we reside together. I thought the lease would be good enough. I do have a water/gas bill with both our names on it. The electric bill is in my name and the cable bill is in her name. Can I use both?

My other question is...do people ever get denied the removal of conditions for stupid reasons? I think we have all the proof we live together, it just seems like the USCIS is not easily convinced or anything :/

You sent NOWHERE NEAR enough :S

You should have sent all taxes that you filed together. Get tax transcripts (you don't need w2s). It should be at least 2010 and 2011. I had 2009, 2010, and 2011.

You should send not just ONE page of joint accounts, this information needs to span your entire marriage. So from whenever you got married onwards. I sent the front page from every 3 months of us having the account.

You should do the same with the water/gas bills. Multiple months worth from the start of the marriage.

Photocopies of your drivers licenses or state ID (this shows joint address).

Is your wife listed under your parents plan as well? If so, ask for a copy of that, again not just the latest one, as many copies as you can.

You have ONE chance to reply to this RFE or she will be denied. Also try getting your parents to do an Affidavit. Some friends as well.

This is what i sent: http://www.visajourney.com/forums/topic/358760-i-751-april-2012-filers/page__view__findpost__p__5264264

[The_Sage1 2]

Is it totally necessary/needed to have the W-2's? I don't have them with me, and it could take me a week or 2 just to obtain new copies of them. It seems I have a lot of stuff to gather and send to them. We both have a new gym membership with our address on it that we could use as proof we still are residing together and have an ongoing relationship.

[thinkerlove0212 158]

Is it totally necessary/needed to have the W-2's? I don't have them with me, and it could take me a week or 2 just to obtain new copies of them. It seems I have a lot of stuff to gather and send to them. We both have a new gym membership with our address on it that we could use as proof we still are residing together and have an ongoing relationship.

After all that it took to get this far your going to let a W-2 get in the way! We are only in AOS and I realized I was missing a W-2 for a year and complete return. I quickly got online from my company. If you file with H&R block or any company/ attorney they keep records. There are links on here to get from IRS. Is it necessary? you want to try them? From what I see it is necessary to prove income and support and a gym membership won't cut it. So is it just a Return and W-2 they need?

[markiweiss49 4]

it depends on how long you are marry to send uscis your tax transcripts. uscis requires two years of your joint income tax returns.

[DebbyNSeyi 15]

Why are people advising to send W2's? A W2 is a year end tax form you get from your employer stating your income for the year. What does that have to do with proving to the USCIS that you're a couple? Tax transcripts of your tax returns (still the preferred method of the USCIS) that show joint filing is what you need to send. I don't know of anyone that sent W2's...This is not a affdavit of support!

[Harpa Timsah 13,260]

Why are people advising to send W2's? A W2 is a year end tax form you get from your employer stating your income for the year. What does that have to do with proving to the USCIS that you're a couple? Tax transcripts of your tax returns (still the preferred method of the USCIS) that show joint filing is what you need to send. I don't know of anyone that sent W2's...This is not a affdavit of support!

They want complete tax returns and a W2 is a part of the complete tax return. A tax transcript is fine - it includes the information from the W2. A photocopy of the 1040 form is not enough.

OP : Your initial package was very weak... it was just a few things and nothing spanning your entire marriage. Just clam down, make a new package, and all will be well. No stress.

They will not deny you if what you send is not enough. They will schedule an interview with both of you.

Edited December 8, 2012 by Harpa Timsah

[VanessaTony 3,567]

Is it totally necessary/needed to have the W-2's? I don't have them with me, and it could take me a week or 2 just to obtain new copies of them. It seems I have a lot of stuff to gather and send to them. We both have a new gym membership with our address on it that we could use as proof we still are residing together and have an ongoing relationship.

No W2's are not required. IRS transcripts aren't required really either, but they show that you filed joint taxes which is evidence of relationship. To get IRS transcripts:

- Go to the IRS they will print them on the spot

- Go on the IRS website. They will arrive in about 1-2 weeks

- Call the IRS and request the be faxed to you. They usually do this same day.

They want complete tax returns and a W2 is a part of the complete tax return. A tax transcript is fine - it includes the information from the W2. A photocopy of the 1040 form is not enough.

They will not deny you if what you send is not enough. They will schedule an interview with both of you.

They don't need complete tax returns, financial information isn't "required". The OP doesn't state W2's are being requested. Tax transcripts should be sent though showing joint filing.

And yes they CAN be denied if what they send isn't enough. If it isn't enough to process then an interview isn't going to overcome the lack of evidence. They may not be denied, they may just get an interview instead, but it's not worth the risk to send a crappy reply. They should assume that failure to comply = denial and reply accordingly.

Why are people advising to send W2's? A W2 is a year end tax form you get from your employer stating your income for the year. What does that have to do with proving to the USCIS that you're a couple? Tax transcripts of your tax returns (still the preferred method of the USCIS) that show joint filing is what you need to send. I don't know of anyone that sent W2's...This is not a affdavit of support!

Because they are wrong. w2's don't prove joint filing. Proof of support isn't needed at this stage so w2's are pointless. As you said though, transcripts show joint filing which is proof of relationship.

**Edit - my advice is based on having been approved, without interview or RFE for both AOS and ROC. My ROC was completed in just over 7 months (which is around the norm for CSC filers at the moment).

Edited December 8, 2012 by Vanessa&Tony

[amykathleen2005 441]

I thought I had placed a pretty good(and convincing package) together to send to the USCIS

I disagree. You need much more. You've been given some good suggestions already here.

[Darnell 8,479]

Is it totally necessary/needed to have the W-2's? I don't have them with me, and it could take me a week or 2 just to obtain new copies of them. It seems I have a lot of stuff to gather and send to them. We both have a new gym membership with our address on it that we could use as proof we still are residing together and have an ongoing relationship.

IRS tax transcripts are sufficient. do you know what they are , and how to get them ?

[Harpa Timsah 13,260]

They don't need complete tax returns, financial information isn't "required". The OP doesn't state W2's are being requested. Tax transcripts should be sent though showing joint filing.

And yes they CAN be denied if what they send isn't enough. If it isn't enough to process then an interview isn't going to overcome the lack of evidence. They may not be denied, they may just get an interview instead, but it's not worth the risk to send a crappy reply. They should assume that failure to comply = denial and reply accordingly.

No Vanessa, they will NOT be denied if it is not enough. They will be scheduled for an interview. None of this stuff, financial comingling, is required at all. What is required is a bona fide marriage. You can still have your conditions removed even if you have NONE of this financial stuff. You can be given an interview, even a stokes interview, and talk about your lives and show your marriage is bona fide, and be approved. No one is denied ROC without an interview. Period.

And in fact they do want complete tax returns... even at this stage... some people have gotten RFEs which state their tax files were not complete.

[ceadsearc 516]

No Vanessa, they will NOT be denied if it is not enough. They will be scheduled for an interview. None of this stuff, financial comingling, is required at all. What is required is a bona fide marriage. You can still have your conditions removed even if you have NONE of this financial stuff. You can be given an interview, even a stokes interview, and talk about your lives and show your marriage is bona fide, and be approved. No one is denied ROC without an interview. Period.

And in fact they do want complete tax returns... even at this stage... some people have gotten RFEs which state their tax files were not complete.

Just out of curiously (and I know this will not be the case with OP), let's say they didn't respond to the RFE at all - would they not be denied for not responding? Given an interview? Just curious what happens in that situation given that due to mail issues people occasionally don't receive RFEs.

[VanessaTony 3,567]

Just out of curiously (and I know this will not be the case with OP), let's say they didn't respond to the RFE at all - would they not be denied for not responding? Given an interview? Just curious what happens in that situation given that due to mail issues people occasionally don't receive RFEs.

They would be denied for abandonment. Per the post earlier today where the person didn't even realise they got an RFE.

I still disagree than a poor response wouldn't lead to denial, but having never received one, I can't be sure.