Jump to content

12 posts in this topic

Recommended Posts

Posted

Hello peeps!

I was starting to think I was an old hand at this malarkey, but USCIS just keep throwing me those curve balls (US)/googlies (UK).

I received an RFE yesterday for my ROC stating that I had failed to demonstrate to a sufficient degree that we entered into a "good faith" marriage. General annoyance and furiousness that this is suddenly an issue after 3 years aside...

The RFE specifically states that the application did not show sufficient co-mingling of finances and residence. Here is where the problems start.

My OH has a checkered financial history and bad credit, so I made the conscious decision to keep our finances separate from the get go. There is pretty much nothing with both our names on it. I was an authorised user on one of his credit cards, but I had myself removed as it was dragging my fragile new credit score down. Even our lease is only in my name because they ran a credit check on application.

I already provided health insurance cards, our 2012 tax return, utility bills in individual name showing the same address, and photos.

Here is what we do have:

- One joint bank account that has a nominal balance and is rarely used (i.e. neither of our paychecks goes in there and we pay no bills from it)

- We are beneficiaries on one another's life insurance policies offered through work

Here is what I can get:

- My husband's name added to the lease, but that will be dated after the RFE date

- Wills drawn up in both our names showing one another as beneficiaries, but again, will be dated after the RFE date

- Affidavits testifying to the true nature of our relationship until the cows come home

I guess my question is - will this be sufficient? And will it cause more problems if I provide documents dated AFTER the RFE, as they will assume (and they'd be right!) that they were only produced because of the RFE?

At this point I am so fed up of USCIS I almost don't care anymore, but I suppose I ought to at least try and avoid deportation :)

Jess
Forewarned is forearmed


See my Timeline for previous USCIS applications

Lifting Conditions
2/20/2013: Filed
2/25/2013: NOA1

7/5/2013: RFE

8/23/2013: Approved

8/31/2013: GC received

Filed: Citizen (apr) Country: India
Timeline
Posted

Some suggestions:

Car Insurance policy card - should show both of your names if you both are designated drivers

Car Title - If you are both on title

Life Insurance policy showing beneficiary details

Driving License showing same address.

Please click on "Timeline" link on the left to view my timeline.

Filed: Citizen (apr) Country: India
Timeline
Posted

Hello peeps!

I was starting to think I was an old hand at this malarkey, but USCIS just keep throwing me those curve balls (US)/googlies (UK).

I received an RFE yesterday for my ROC stating that I had failed to demonstrate to a sufficient degree that we entered into a "good faith" marriage. General annoyance and furiousness that this is suddenly an issue after 3 years aside...

The RFE specifically states that the application did not show sufficient co-mingling of finances and residence. Here is where the problems start.

My OH has a checkered financial history and bad credit, so I made the conscious decision to keep our finances separate from the get go. There is pretty much nothing with both our names on it. I was an authorised user on one of his credit cards, but I had myself removed as it was dragging my fragile new credit score down. Even our lease is only in my name because they ran a credit check on application.

I already provided health insurance cards, our 2012 tax return, utility bills in individual name showing the same address, and photos.

Here is what we do have:

- One joint bank account that has a nominal balance and is rarely used (i.e. neither of our paychecks goes in there and we pay no bills from it)

- We are beneficiaries on one another's life insurance policies offered through work

Here is what I can get:

- My husband's name added to the lease, but that will be dated after the RFE date

- Wills drawn up in both our names showing one another as beneficiaries, but again, will be dated after the RFE date

- Affidavits testifying to the true nature of our relationship until the cows come home

I guess my question is - will this be sufficient? And will it cause more problems if I provide documents dated AFTER the RFE, as they will assume (and they'd be right!) that they were only produced because of the RFE?

At this point I am so fed up of USCIS I almost don't care anymore, but I suppose I ought to at least try and avoid deportation smile.png

e

The answer to the question "Will it be sufficient" is not easy. Adding your husband to the lease even if it is after RFE is good evidence of continuing relationship. What have to done with tax filing - have you filed jointly!. If yes, then you have another good evidence - go to their local office and get the tax transcripts.

USA

01/08/13 - Approved and GC is order for production on 1/8/14

09/12/13 - Case transferred to CSC. NOA2 received on 09/18/13

08/30/13 - Biometrics Done - No walk ins allowed at this LSC (received on 8/16/13).

08/05/13 - NOA1 (received on 08/10/13)

08/01/13 - Mailed I-751 (received on 8/2/13 - check cashed on 8/5/13)

12/28/11 - Received SSN (applied on 12/20/11, as we didn't get based on DS-230 options)
11/28/11 - Received Green Card (Expires on 10/30/13) - Welcome Letter on 11/17/11
10/30/11 - POE - Houston, TX

Chennai Consulate (40 days)
10/28/11 - Received Visa papers and Passport at VFS
10/25/11 - Interview Cleared Successfully (Spouse was not allowed in)

NVC: (90 days from NOA2 to Consulate)
08/31/11 - Case Completed (Interview 10/25/11) - Received at Chennai on 09/19/11
07/22/11 - NVC Case Number

USCIS: (92 days)

6/21/11 - NOA2 (NOA1 on 3/25/11) - took a month to get to NVC
3/21/11 - I-130 sent to USCIS Lockbox, Chicago.

Filed: Country: Monaco
Timeline
Posted

Jess, the red flag is the lack of an active joint bank account. The evidence you have is indeed weak - no judgment call there - and it would behoove you to get those affidavits not only from family but from neighbors and co-workers.

You don't need a will, because you are already married and that makes you beneficiaries of each others, unless there is a will to the contrary.

It will help if you add your husband to the lease and to the insurance policies. Do not worry that these will be dated after the RFE and there is no shame in admitting to the USCIS you did what it took to prove yours is a bona fide marriage, well, because it is! :-)

Good luck!

200px-FSM_Logo.svg.png


www.ffrf.org




Posted

What about 2010 and 2011 tax returns?

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

Filed: IR-1/CR-1 Visa Country: China
Timeline
Posted

i not read of:

tax returns

monthly utility bills

---

so, whatcha got?

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 !

 

Posted

I was the same way. Almost nothing shared and no tax returns either. But we had a 6 year relationship, a million photos, cards, letters, and trips; 2 big weddings, and we did have leases dating from 2006. I got an RFE and sent everything I could -- life insurance, health insurance, IRA beneficiary, a couple of almost never used joint credit card accounts, a joint YMCA and netflix membership (really pushing it there!). Anyway, it wasn't enough and I have an interview Monday. But oh well... We aren't faking anything. I guess that's the worst that could happen to you and as long as you're in a true marriage, an interview will do you no harm. Credit issues are common in this economy. Sounds like a valid reason to me.

07/01/2010 - I-485, I-765 and I-130 sent to Chicago lock box
07/03/2010 - package signed for in Chicago
07/12/2010 - text and email notification received
07/17/2010 - hard copy NOA1s received in mail
07/19/2010 - received biometrics letter (scheduled for August 12th)
07/22/2010 - unsuccessful walk-in biometrics in Brooklyn
07/28/2010 - successful walk-in biometrics in Brooklyn
08/24/2010 - EAD card approved (54 DAYS)
08/31/2010 - I-765 touched, post decision activity, email notification of EAD approval
09/01/2010 - I-765 touched
09/03/2010 - EAD card received
09/21/2010 - Interview Date! 9:45 am. APPROVED (83 DAYS). I-551 Stamp.
09/21/2010 - Card/ Document Production
09/29/2010 - Welcome letter received
10/01/2010 - Green Card Received!!! Exactly 3 months smile.png

08/18/2012 - ROC filed (Vermont)
09/04/2012 - NOA date
10/12/2012 - Bio appointment
05/02/2013 - RFE
07/15/2013 - ROC Interview at local (New York City) office, told we would be notified of decision by mail in 60 days
08/02/2013- Case status updated, production of new card ordered!
08/05/2013- InfoPass appointment at Holtsville Long Island, passport stamped with I-551
08/06/2013- Card mailed
08/08/2013- 10 year green card received!!! 10 days short of one year from applicationdancin5hr.gif

Posted

i not read of:

tax returns

monthly utility bills

---

so, whatcha got?

Unfortunately (usually fortunately giving the cost of living in DC, but not in this case!) our utilities are included with our rent so we do not have separate utility bills. I did send a cable bill in my name and the renters insurance/cellphone bill in his name, showing the same address; none of those bills would allow us to both be listed on the bill.

In terms of tax returns we submitted 2012; we have a copy of 2010 but could not find 2011. I think I thought having a missing year might look more suspicious than just the most recent one, so I just sent the most recent one. Admittedly I could have paid for a copy of the 2011 return, but if I'm honest I think I was suffering from "USCIS fatigue" when I submitted the application and was more lackadaisical than I should have been sleep.png

It will help if you add your husband to the lease and to the insurance policies. Do not worry that these will be dated after the RFE and there is no shame in admitting to the USCIS you did what it took to prove yours is a bona fide marriage, well, because it is! :-)

Thank you for the calming words :)

Some suggestions:

Car Insurance policy card - should show both of your names if you both are designated drivers

Car Title - If you are both on title

Life Insurance policy showing beneficiary details

Driving License showing same address.

Getting the life insurance policy info from my work. I believe I already sent our drivers licenses but I need to check (my copy of our submission has gone walkies in our apartment and I haven't had a chance to find it yet)

Jess
Forewarned is forearmed


See my Timeline for previous USCIS applications

Lifting Conditions
2/20/2013: Filed
2/25/2013: NOA1

7/5/2013: RFE

8/23/2013: Approved

8/31/2013: GC received

Posted

In terms of tax returns we submitted 2012; we have a copy of 2010 but could not find 2011. I think I thought having a missing year might look more suspicious than just the most recent one, so I just sent the most recent one. Admittedly I could have paid for a copy of the 2011 return, but if I'm honest I think I was suffering from "USCIS fatigue" when I submitted the application and was more lackadaisical than I should have been sleep.png

Tax return transcripts are free and come in 10 days or less usually. Order online http://www.irs.gov/Individuals/Order-a-Transcript

They want to see documentation with dates covering the whole marriage...back to 2010 forward.

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

Posted

While you're adding your husband to the lease, see if the landlord is willing to provide a letter stating that you've been living together at your address from the time your lease started. I don't think it would hurt to explain as part of the RFE package the credit issue, it's certainly a legitimate reason not to co-mingle, you got any rejection letters from financial institutions not giving both of you credit? That's a good piece of evidence showing why you're not able to get the accounts in place.

I definitely agree with getting the tax transcripts. What about mobile phone bill? Do you have a family plan?

Posted (edited)

John and I actually went through this. We kept our banking separate and filed separately as well, so we had to get creative. What we did was get our bank to draft two letters showing the same home address and supporting that we both bank at our local branch. We also presented three years of banking statements (his and mine; your bank should be able to send them to you if you've got enough time), additional utility statements w/both of our names, a new lease from our landlord, signed by all three of us and attached to a business card from our landlord, as well as a brief statement from him requesting that they call him to vouch for our living together as husband and wife. We also included receipts from our medical appointments, showing that my insurance covered them. We usually do our annual physicals on the same day, so that was extremely helpful. We posted our plea for testimonials on FB and got all our US and England family/friends to add their comments (we printed out the pages and sent them. We threw in receipts showing payment from both of us for our car. Resent our photo collages from 2008 to present, added our 2012 Christmas photo card and finally, receipts and photos from our trip to England in October 2012.

I hope some of this helps you, hun. Fingers crossed for you. x


Edited by John and Camie

THE JOHN (UK) AND CAMIE (US) SHOW

K-1

[*]I-129F Sent : 2009-02-19 [*]I-129F NOA1: 2009-02-23 [*]I-129F NOA2: 2009-03-23 [*]John's Medical: 2009-05-11 [*]John's INTERVIEW - APPROVED!!: 2009-06-08 [*]VISA ARRIVES!!: 2009-06-12 [*]Camie Goes to England : 2009-06-18 [*]Our POE : 2009-06-24 [*]Got married and went to Jack-in-the-Box : 2009-07-07

AOS

[*]AOS Package Sent: 2010-02-13 [*]AOS Package Delivered (per USPS): 2010-02-15 [*]USCIS Email Confirmation (WOO HOO!!): 2010-02-23 [*]AOS Fee Check Cashed: 2010-02-23 [*]USCIS Status Check Available Online: 2010-02-24 [*]I-485 NOA1 Received and touch : 2010-02-26 [*]I-765 NOA1 Received and touch : 2010-02-26 [*]Biometrics: 2010-03-18 (letter received 2010-03-08) [*]EAD CARD RECEIVED: 2010-05-06 [*]INTERVIEW: 2010-05-21 - APPROVED [*]RECEIVED GREEN CARD: 2010-06-17 - Lakers FTW, then off to Disneyland to celebrate!

ROC

[*]I-751 Package Sent: 2012-05-18 [*]I-751 Package Delivered (per USPS): 2012-05-19 [*]CSC Fee Check Cashed: 2012-06-06
[*]I-751 NOA1: 2012-06-07 (dated 2012-05-21)
[*]Biometrics: 2012-07-16 (letter received 2012-06-25) [*]RFE: 2013-01-18 (responded on 2013-04-08)
[*]I-751 APPROVED: 2013-04-25 (dated 2013-04-19)

[*]10-Year GC Received: 2013-06-17

Christopher Midian Chance - 7lbs., 5oz., born 11-19-14 :wub:

 
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
- 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...