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Posted

Hello, I am in desparate need of advice please! Sorry for the long read!

So my US citizen husband and I filed for the ROC on March 11, 2013. We included as part of our evidence the following: joint account statements, my insurance policy at work showing that he is a beneficiary (since his work does not provide health insurance), Costco membership cards, credit card bills addressed to our home, our 2011/2012 tax returns, and pictures. I received in the mail yesterday a RFE. Here is my problem:

They seem to be seeking more financial evidence to prove we have liabilities and responsibilities together. We live in an apartment, but because of his extremely poor credit, and criminal history(not burglary, or assault, was an honest mistake, will explain) the lease was only put under my name. The cars we own are only under his name because when we got the car back in 2011 I had just started work a few months prior and had no credit. The 2nd car we own is through his work so it is under his name and the company. Because of him not being on the lease, we had the cable/internet and the bge bills under my name.

Other than that I don't know what else we can show to prove we share financial responsibilities. It did state on the letter that an official transcript from the IRS for our tax returns is suggested so I heard I can call them and ask for that transcript. But what else can I submit?

As for the criminal history. What happened was he was selling cameras on Ebay and 5 people said they never received the cameras. Just our luck, he had paid the postal office with cash and ended up throwing the receipt away(it was nearly 2 months with no complaints) and then we went for vacation for 3 months(still no complaints) only to come home with a theft charge against him from Ebay. We spoke to the postal office for any evidence we could gather; security cameras to show him coming in with the packages, tried looking up the tracking numbers but since we didnt have the actual numbers they had nothing to go by. The manager spoke off the record stating they had theft issues at their main sorting facilities but could not and refused to testify because he didnt want to risk his job. Our lawyer advised to just take the charge and pay restitution since it was a 50/50 chance.

Any advice would be greatly appreciated!!! This is such a downer considering we waited this long already only to be asked for additional evidence...

Filed: Citizen (apr) Country: Ecuador
Timeline
Posted

Have you made up Wills, Medical Powers of Attorney, etc.? These seem to be very much overlooked as evidence.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Posted

Sorry to hear about your troubles... Do you have joint auto insurance? joint renters insurance?

Did you submit quarterly statements spanning the entire length since your arrival (on the CR-1) or marriage (if you adjusted status in the US)? It's been a few months since your original submission, send them updated statements of everything you originally submitted.

Best of luck.

USCIS: CR-1 Visa @ Vermont Service Center (Approved in 140 days from NOA1)

03/07/11: I-130 package sent to Chicago Lockbox

03/14/11: NOA1 via text and email (03/21/11: in the mail); petition routed to VSC

07/27/11: NOA2 via text and email (07/30/11: received in the mail)

08/01/11: Case received at NVC

09/19/11: Case complete and forwarded to consulate

10/19/11: Interview (APPROVED!!!)

11/18/11: POE

12/12/11: 2- year Green Card arrives in the mail

12/22/11: Applied for SSN at local office

12/26/11: SSN arrives in the mail

08/20/13: ROC window opens

10/03/13: I-751 package sent to Vermont Service Center

10/05/13: I-751 Delivered (Signed for by Karen Fitzgerald)

10/09/13: Check cleared bank account

10/11/13: NOA1 received (dated 10/07/13)

10/19/13: Biometrics appointment notice received (dated 10/16/13)

11/12/13: Biometrics appointment in Buffalo, NY

11/15/13: Case transferred to CSC

03/04/14: USCIS case status update: Card/Document Production (i.e. APPROVED!!!)

03/07/14: USCIS case status update: Green Card in the postal system; tracking number

03/08/14: Approval notice arrives in the mail (dated 03/04/2014; USCIS Office: Buffalo, NY)

03/10/14: 10-year Green Card arrives in the mail

Posted

We do have joint auto insurance..It states me as a sub driver. I could submit more bank statements since the submission of our original ROC package. I am also just waiting for the tax transcripts. What do I do about the co-habitant issue though? Would it be wise to have a letter explaining the housing situation? My mother in law with whom we had lived with prior to our new apartment said we could use her as an affidavit to support our living arrangements when we had lived with her. Only other thing I could think of was affidavits from neighbors. any one else have any more suggestions?

Posted

Are either of you listed as beneficiary of the other's employer's benefits? Are either of you listed as emergency contract for the other? Beneficiary of any retirement accounts? You might want to get a few affadavitts to help your case as the joint evidence is pretty weak IMHO.

Good luck,

Dave

Filed: Citizen (apr) Country: India
Timeline
Posted

get Affidavit of bonafide marriage from someone you know from years and is not a close relative but a US citizen. Get affidavit from neighbours, either simply stating residence, or bonafide marriage, whatever they agree to give. You can get one from landlord if they know of the issue as to why he is not on lease but they know and have allowed him to live with you without being on lease. Don't stress out, its going to be fine, joint insurance helps your case, so does joint bank / credit card statements, travel iteneraries, vacation photographs, gym memberships, that's what i could think of as of now.

01/25/2010....Came to USA on F1 Visa


01/25/2012... Finished School B.S. Computer Science


04/19/2013.....Married!! to USC



AOS----timeline


05/28/2013.....I-130, I-485,I-131 & I-765 Packets Received at Chicago Lockbox


06/06/2013....NOA Texts and Emails received, 4 in total, as i filled 4 x G1145


06/06/2013....Checks Cashed


06/07/2013....NOAs in the mail


06/12/2013....Biometrics Appointment for "6/28/2013" "Warning: Case will be considered abandoned if you don't show for appointment" LOL


06/18/2013...Walk in Biometrics done, reached at 7:50 am, got out at 8:20 am


07/15/2013... Notice Received, Interview scheduled for Aug 20th dancin5hr.gif


08/10/2013... EAD Combo Card received says "Valid for Travel outside the USA"


08/20/2013... iNTERVIEW at Downtown LA. Approved


08/29/2013... Permanent Resident Card Received



I-751-----timeline


05/22/2015....I-751 Applied


06/xx/2015....NOA Received


06/20/2015....Called USCIS filed complaint-No Biometrics appointment, rude people


07/21/2015....Biometrics appointment


08/10/2015...Walk in into USCIS field office for I-551 stamp in passport for 1 year


10/29/2015...Approval Email


11/03/2015...Permanent Resident Card Received



N-400-----timeline


05/29/2016....N-400 Applied


06/02/2016....Acceptance Email/Text


06/08/2016....Biometrics Scheduled for 6/21/2016


Posted

get Affidavit of bonafide marriage from someone you know from years and is not a close relative but a US citizen. Get affidavit from neighbours, either simply stating residence, or bonafide marriage, whatever they agree to give. You can get one from landlord if they know of the issue as to why he is not on lease but they know and have allowed him to live with you without being on lease. Don't stress out, its going to be fine, joint insurance helps your case, so does joint bank / credit card statements, travel iteneraries, vacation photographs, gym memberships, that's what i could think of as of now.

Thank you for your advice. So should I still include a letter of explaination for why I cannot add him to my lease? Stating the criminal record and such? I did find a copies of my renters insurance from last year and I just renewed and it has his name in the policies. I also will be asking a neighbor who we interact with quite a bit to be an affidavit to show joint residency. I will also resubmit recent bank statements for at least 2-3 months. I also have more detailed policy statements for my health insurance showing him as my beneficiary. Are those sufficent?

Filed: Citizen (apr) Country: India
Timeline
Posted

Thank you for your advice. So should I still include a letter of explaination for why I cannot add him to my lease? Stating the criminal record and such? I did find a copies of my renters insurance from last year and I just renewed and it has his name in the policies. I also will be asking a neighbor who we interact with quite a bit to be an affidavit to show joint residency. I will also resubmit recent bank statements for at least 2-3 months. I also have more detailed policy statements for my health insurance showing him as my beneficiary. Are those sufficent?

I would suggest you not write a letter explaining, instead carry the proofs (criminal record etc.) with you, and practice explaining it if asked while bringing the proofs out fro the bag and laying on the table. Him having a criminal record ( you said its a criminal record i am assuming accept of guilt in a criminal offense), might have some role to play in the case overall. so not being on lease is a small thing in front of that. You must have filled his criminal history in some of his forms, right?

So, take proofs, be prepared to talk about it,

take affidavit from neighbor,

Take joint bank statements as long as possible,

take your insurance policy,

maybe get a affidavit of bonafide marriage from someone you know for long time ( coz it asks how long you've known each other).

is he working? if yes, get a character certificate from employer.

some of these are mandatory, some are extreme measures, coz i don't know if they'll approve someone with a criminal record on file. Good luck to you.

01/25/2010....Came to USA on F1 Visa


01/25/2012... Finished School B.S. Computer Science


04/19/2013.....Married!! to USC



AOS----timeline


05/28/2013.....I-130, I-485,I-131 & I-765 Packets Received at Chicago Lockbox


06/06/2013....NOA Texts and Emails received, 4 in total, as i filled 4 x G1145


06/06/2013....Checks Cashed


06/07/2013....NOAs in the mail


06/12/2013....Biometrics Appointment for "6/28/2013" "Warning: Case will be considered abandoned if you don't show for appointment" LOL


06/18/2013...Walk in Biometrics done, reached at 7:50 am, got out at 8:20 am


07/15/2013... Notice Received, Interview scheduled for Aug 20th dancin5hr.gif


08/10/2013... EAD Combo Card received says "Valid for Travel outside the USA"


08/20/2013... iNTERVIEW at Downtown LA. Approved


08/29/2013... Permanent Resident Card Received



I-751-----timeline


05/22/2015....I-751 Applied


06/xx/2015....NOA Received


06/20/2015....Called USCIS filed complaint-No Biometrics appointment, rude people


07/21/2015....Biometrics appointment


08/10/2015...Walk in into USCIS field office for I-551 stamp in passport for 1 year


10/29/2015...Approval Email


11/03/2015...Permanent Resident Card Received



N-400-----timeline


05/29/2016....N-400 Applied


06/02/2016....Acceptance Email/Text


06/08/2016....Biometrics Scheduled for 6/21/2016


Posted

I would suggest you not write a letter explaining, instead carry the proofs (criminal record etc.) with you, and practice explaining it if asked while bringing the proofs out fro the bag and laying on the table. Him having a criminal record ( you said its a criminal record i am assuming accept of guilt in a criminal offense), might have some role to play in the case overall. so not being on lease is a small thing in front of that. You must have filled his criminal history in some of his forms, right?

So, take proofs, be prepared to talk about it,

take affidavit from neighbor,

Take joint bank statements as long as possible,

take your insurance policy,

maybe get a affidavit of bonafide marriage from someone you know for long time ( coz it asks how long you've known each other).

is he working? if yes, get a character certificate from employer.

some of these are mandatory, some are extreme measures, coz i don't know if they'll approve someone with a criminal record on file. Good luck to you.

Oh ok. Well he is the US citizen and Im the one filing for removal of conditions. so when I send the RFE package you said don't send a letter right? So his criminal record could potentially affect my removal of conditions? even if its wasn't me, the immigrant? wow thats a downer....:(

Filed: Citizen (apr) Country: India
Timeline
Posted

Oh ok. Well he is the US citizen and Im the one filing for removal of conditions. so when I send the RFE package you said don't send a letter right? So his criminal record could potentially affect my removal of conditions? even if its wasn't me, the immigrant? wow thats a downer....sad.png

Hi,

Sorry for confusion, His ( USCitizen) small (as per your description) criminal record won't affect your removal of conditions, So don't worry take all your proofs, be ready to explain anything ( practice the criminal history stuff). And you must have filed joint Tax Returns in the past, take that with you. and you can request official transcript to take with you if they come in time, takes 20-30 days.

01/25/2010....Came to USA on F1 Visa


01/25/2012... Finished School B.S. Computer Science


04/19/2013.....Married!! to USC



AOS----timeline


05/28/2013.....I-130, I-485,I-131 & I-765 Packets Received at Chicago Lockbox


06/06/2013....NOA Texts and Emails received, 4 in total, as i filled 4 x G1145


06/06/2013....Checks Cashed


06/07/2013....NOAs in the mail


06/12/2013....Biometrics Appointment for "6/28/2013" "Warning: Case will be considered abandoned if you don't show for appointment" LOL


06/18/2013...Walk in Biometrics done, reached at 7:50 am, got out at 8:20 am


07/15/2013... Notice Received, Interview scheduled for Aug 20th dancin5hr.gif


08/10/2013... EAD Combo Card received says "Valid for Travel outside the USA"


08/20/2013... iNTERVIEW at Downtown LA. Approved


08/29/2013... Permanent Resident Card Received



I-751-----timeline


05/22/2015....I-751 Applied


06/xx/2015....NOA Received


06/20/2015....Called USCIS filed complaint-No Biometrics appointment, rude people


07/21/2015....Biometrics appointment


08/10/2015...Walk in into USCIS field office for I-551 stamp in passport for 1 year


10/29/2015...Approval Email


11/03/2015...Permanent Resident Card Received



N-400-----timeline


05/29/2016....N-400 Applied


06/02/2016....Acceptance Email/Text


06/08/2016....Biometrics Scheduled for 6/21/2016


Posted

So the tax transcripts just came in. I have so far for my RFE:

renters insurance policies

car insurance policy

tax transcripts from IRS

health insurance policies and verification since time of employment

copies of drivers licenses

bank statements since time of filing recent invites to our place

affidavits from his mother, brother, family friend, our neighbor and his baby mother

costco membership info

recent pictures

Any other suggestions?

Posted

get Affidavit of bonafide marriage from someone you know from years and is not a close relative but a US citizen. Get affidavit from neighbours, either simply stating residence, or bonafide marriage, whatever they agree to give. You can get one from landlord if they know of the issue as to why he is not on lease but they know and have allowed him to live with you without being on lease. Don't stress out, its going to be fine, joint insurance helps your case, so does joint bank / credit card statements, travel iteneraries, vacation photographs, gym memberships, that's what i could think of as of now.

affidavits must be from US citizens right? Was going to use his uncle who is a pastor as one but hes not a us citizen yet

Filed: Citizen (apr) Country: India
Timeline
Posted

affidavits must be from US citizens right? Was going to use his uncle who is a pastor as one but hes not a us citizen yet

Yes, affidavits must be from US Citizens that have knowledge of your marriage and at least subsequent period. His pastor uncle is a good choice.

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.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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