I-751 RFE - Requesting Assistance

[maracuyámor 1]

My wife had received a Request for Evidence (RFE) letter advising that additional evidence is needed to support our marriage as legitimate, or in the government's words as not trying to "circumvent" immigration laws. While it is insulting that one would consider our marriage illegitimate, I understand their intentions. Unfortunately, this could not come at a worse time for us. I have already left my full time job to go to graduate school as my wife now has a great job. However, we will not be able to afford a lawyer or expensive legal fees if USCIS denies her petition to adjust her status and remove conditions to become a permanent resident. My question is, what additional evidence can we send at this point that will change their mind? I have listed below what we have already sent and what is still being requested. Any supportive input would be more than appreciated, thank you.

Documentation already submitted:

-Copies of state and federal tax statements, transcripts and returns (all joint returns).

-Verification from our employers of the beneficiary designations of our life insurance.

-Copy of 401k beneficiary information.

-Copy of car and renter’s insurance information reflecting a joint account/joint residence.

-Copy of bank information verifying joint ownership of the checking and savings accounts.

-Copy of employer issued health insurance information and cards showing a joint policy.

-Copy of employer issued dental insurance documentation reflecting a joint policy.

-Copy of lease contracts showing joint occupancy.

-Copy of utility contract.

-Copies of current driver’s licenses.

-Pictures taken together since my wife’s residence in the United States.

The documentation requested on the RFE letter pertains to financial records and residence.

For financial records, the following is being requested:

Submit evidence of joint ownership of assets and joint responsibility for liabilities. This documentation should reflect the names of both the conditional permanent resident and the U.S. citizen spouse. Such evidence may include but is not limited to the following:

Copies of bank statements that reflect joint savings and/or checking accounts to include the -transaction pages for each bank statement provided.

Copies of mortgage agreements or deeds showing joint ownership of assets or property or joint tenancy of a common residence.

Copies of credit card statements.

Copies of loan documents such as car loans, home improvement loans, business loans, etc.

Copies of your 2010 State and Federal tax returns. Also include all required schedules, statements and any attachments such as W-2 records.

Any other documentation which shows that the marriage was not entered into in order to circumvent U.S. immigration laws.

Besides the verification letter we sent from our bank showing that we both share the same checking and savings account, we will also provide statements that include the transaction pages. Why it is necessary that they see where we spend our money and how much we have should not justify a marriage though. We are only able to lease at this time as buying a house is not financially possible at this point. However, we are going on our third year of leasing a residence together and have already provided the past two years of lease contracts signed by both of us and plan on including our third lease contract already signed this month. Credit card statements are not an option at this point, neither are any loans as I am still trying to stay above water with student loans. I have already provided federal tax transcripts for the past few years. I thought that tax returns and transcripts issued by the IRS would be sufficient, but apparently copies of W-2s are also needed. I will be sure to include tax information from 2012 as well.

For residence, the following is being requested:

Submit evidence of communal residence. This documentation should reflect the names of both the conditional permanent resident and their U.S. citizen spouse. Such evidence may include but is not limited to the following:

Copies of utility bills such as telephone, gas, water, cable, internet, etc. or other statements issued in both names indicating the residential address

I am surprised that our residence is being questioned as we have already sent two different lease contracts from the past couple of years showing that we had both signed to live in the same residence. We just signed another lease agreement this month that we will plan on including and sending as a response to the RFE as well. As far as utility bills, I have always been the one to take care of that and that is why they are in my name. I could add my wife, but we would only have two months of utility bills to send in and that would not look too well.

Finally, the only other thing that I can think of at this point is to send in are affidavit letters from those that know our marriage is valid. I have read before that affidavit letters can help if there is not enough financial evidence. Should I also include all of the evidence that we sent for her initial petition to remove conditions and then also include the additional evidence that is being asked of us?

The RFE letter also states, “Evidence of good faith marriage: to establish eligibility for removal of conditional status, it is requested that additional documentation be submitted to establish a good faith marriage that covers the period of time from the date of the marriage to the present date. Going off of that, should I also include all evidence already submitted since the time of our marriage, almost four years ago? I seem to think that more than likely they have already lost several of our documents or they were obviously disregarded at the time this RFE was sent to us. Our previous petition for the CR-1/IR-1 visa had no problems and no RFEs involved. I figured that if anything, the removal of conditions for permanent residence would have been the least difficult petition yet.

Again, please provide any helpful/supportive advice or input as time is of the essence at this point. I was elated that I was able to get into graduate school to be able to have the opportunity to provide a better life for my wife and I, but I am now distracted by this. Please help us out in any way you can, THANK YOU!!!

[atm 8]

I am sure others will chime in, but it is very important to include evidence that covers the entire period of your marriage (or at least since she received her conditional greencard). The list of documents you provided seems more a time-static list of documents - than a set of documents showing continuity of a joint life over time. A history of financial intermingling is the most important evidence for USCIS - it is mostly financial evidence that they are requesting.

Include all tax returns (and transcripts and supporting W2s etc) for every year that you have been married (including 2012). Even if you already sent this information, I would send it again.

The bank statements (including transaction pages) are also important. Advice given on VJ is to send quarterly statements since you were married of all joint checking and savings accounts. If you don't have credit cards (and a long history of credit card statements) then you should explain why in your letter (I know not everyone has or likes to have credit cards!). If you don't have any joint loans, explain that too.

Include all leases (in joint names) for all residences since the date of your marriage.

Rather than a document showing a joint health insurance policy, can you get your employer to write a letter stating the date of your marriage and the date that you added your wife to your benefits schedule? And I know you aren't working now - did your wife add you to her benefits schedule - get a letter to that effect if so.

I would go through the RFE with a fine tooth comb, and send everything they ask for, even if you already sent it. Explain clearly in your cover letter every piece of evidence you are sending, and why you are unable to send other documents.

Good luck!

[bigdog 376]

Maybe a review of the VJ guides and USCIS evidence requirements along with the pinned topics at the start of the forum. ROC is to show a combining of your relationship from your marriage on. Our filing was about 150 pages, 3/4 notarized affidavits from professional persons and friends, photos of the marriage, reception at home etc. Costco, AAA, Towing and auto insurance.

Use Google function to find examples that others have provided. Good Luck.

[Pondcommittee 0]

Hello- I am in the same process as maracyuamor.. and am working on my RFE.

I received the exact same letter and appreciate the responses.

My question is: should I include all the same information I sent in the first packet as well? Or just the additional evidence?

Thanks!

[hellomms 16]

My wife had received a Request for Evidence (RFE) letter advising that additional evidence is needed to support our marriage as legitimate, or in the government's words as not trying to "circumvent" immigration laws. While it is insulting that one would consider our marriage illegitimate, I understand their intentions...

....

Again, please provide any helpful/supportive advice or input as time is of the essence at this point. I was elated that I was able to get into graduate school to be able to have the opportunity to provide a better life for my wife and I, but I am now distracted by this. Please help us out in any way you can, THANK YOU!!!

As atm stated, the evidence should cover full period of the marriage - in case your evidence did not cover all of that.

That said, there is a chance that this may not just be related to address, they may just need other documentation to finalize the decision. I would think of things slightly off the beaten path ...

1) Travel itineraries showing both names (this can go as far back as you have been together, in my case I included 1-2 per year, of past 5 years)

2) Snail mail addressed to each showing common address or both such as wedding invites, etc.

3) Pictures showing you and your spouse together, I know this isn't required but I sent it anyway

I did not have any affadavits personally but if you can get them they can be helpful as well. Lastly, with your wife working it be good to show that now the insurance is through your wife's work as oppose to yours, it shows balanced evidence - not that its required

Cheers

[maracuyámor 1]

Thank you everyone for the helpful information! After sending in the RFE response two weeks ago, it has been approved!!!! Thank you so much for your assistance! ¡Sentimos tan afortunados y felices! ¡Mil gracias a todos por su apoyo!