RFE for I-751 HELP! What more can we do?

[ionianrain 4]

We got a letter asking us for RFE to remove conditions and get the permanent residence.

The thing is that we provided them EVERYTHING we were supposed to and now they came back with a list of evidence. The issue is that this list, the evidence they ask are pretty much they SAME things we sent them at first...
They ask us to prove joint assets. WHAT assets since we have NOTHING. We live in an apartment that we rent so what do they want? Our clothes and shoes to prove them we own them together?

They say that the joint bank account we submitted "does not demonstrate much co-mingling of finances and does not show that you share responsibility for many assets and debts". I am wondering what do they expect a bank to show for a household of 2 where only one of us works and puts the food to the table? Then again: WHAT assets since I barely make 1.800 a month and we spend them all to eat a dish of food, pay the bills, to LIVE? What debts besides a credit card which is paid by... our joint bank account?

They claim that our bank account "does not cover a long enough period of the marriage" while I have put my wife in the bank account, since she first got here and BEFORE we even got married?

We REALLY don't know what else to send to them since like I said, we have included all in the first letter.

Any recommendations? Any ideas?

If anyone can help with the above questions, we would appreciate it.

Also: even if we submit whatever RFV we can find on top of what we first sent, what happens if they still deny the removal of conditions? Is my wife going to be deported?

Is there anyway we can ask for an audience by a court or something?

Please help up for we are about to lose our minds here.
We even think leaving the States if this is the price we have to pay to be together.
Thanks for reading, guys and gals and may God bless you all.

[Cheryl-Hossein 25]

Do you have 401Ks or retirement savings plans through your job? Any kind of IRA account? Life insurance? Anything you can think of that you filled out for work that may have needed a beneficiary, add them. Are the utility bills in both of your names?

[Pitaya 2,576]

~Moved from K-1 Process to ROC Forum~

~Inquiry is ROC-specific, no longer K-1~

~Duplicate posting removed~

~Please do not post same topic in multiple forums~

Edited August 31, 2013 by A&B

[vbtbmrt 2]

house hold bills in both names. lease or rent payment in both names letters from friends stating they see you together. cell phone bills

[Bob-KhaHan 1]

I'm in the same situation and I even included medical and dental bills that lists which one of us had treatment and those bills add up to $10K. She is a beneficiary on everything and I included that last time, too. On every bill, she wasn't able to be added and when I added her on one, it never showed it.

[ionianrain 4]

Do you have 401Ks or retirement savings plans through your job? Any kind of IRA account? Life insurance? Anything you can think of that you filled out for work that may have needed a beneficiary, add them. Are the utility bills in both of your names?

Hi and thanks for the reply.

No, I am self employed (and in fact barely making it) so no 401k.

IRA is a dream to us... With barely 2.000 income monthly for a 2 people household and one of us only working, it is hard to have such a thing or any life insurance. We wish we could but we are no exception to the rule of those that barely make it.

Utility bills: just the electricity is what we have but this is only in my name since I applied when I first moved here some 8 years ago and still if I change it now (which I can't from what I understand) it would sound more suspicious, it would seem as if I make it now just to convince them.

I honestly have no clue what else to show to make them understand that we are not a fraud. We have no personal assets other than our clothes, our furniture and our food and btw we are NOT the only people that have no house of their own 2-3 cars and a boat... That's what we can't understand... what more they want from us? How do they expect us to prove something when we gave them all we had?

If they have to deport my wife, we are determined to leave this country and this is the biggest proof that we love each other (regardless of the fact that they don't take such things into account).

Thanks again for any help you can provide

[Cheryl-Hossein 25]

All this will be after the fact, but maybe try medical power of attorney/living wills. You can download free forms on the Internet. Are you both on the lease? If not, can you get a letter from your landlord saying you live there?

[BrightandLight 1]

Hi and thanks for the reply.

No, I am self employed (and in fact barely making it) so no 401k.

IRA is a dream to us... With barely 2.000 income monthly for a 2 people household and one of us only working, it is hard to have such a thing or any life insurance. We wish we could but we are no exception to the rule of those that barely make it.

Utility bills: just the electricity is what we have but this is only in my name since I applied when I first moved here some 8 years ago and still if I change it now (which I can't from what I understand) it would sound more suspicious, it would seem as if I make it now just to convince them.

I honestly have no clue what else to show to make them understand that we are not a fraud. We have no personal assets other than our clothes, our furniture and our food and btw we are NOT the only people that have no house of their own 2-3 cars and a boat... That's what we can't understand... what more they want from us? How do they expect us to prove something when we gave them all we had?

If they have to deport my wife, we are determined to leave this country and this is the biggest proof that we love each other (regardless of the fact that they don't take such things into account).

Thanks again for any help you can provide

Pictures... maybe you attend church .. you can get letter from pastor... affidavits from friends, apartment manager,neighborhoods (that they saw living together this period.

Don't try to look for excuses or concentrate on something that you don't have ... or why you don't have something... try to get it... as much as possible.... to leave the country is not solutions,you got married because you love each and planning to spend your life together ,

Another ways can prove that you are living together as couple.So you don't need to leave country...I understand that you are making making a living , trying to do as best as possible for your ability at this moment... and can not really have expenses like - life insurance and so on... but here is more ways to prove that you co-miglate your life together that life insurance,go to the bank ask for letter that you opened bank together, do you have car? maybe copy driver license both of you., car title, car registration., copies of actual credit debit cards, i think they a not only looking if you share expenses trough this marriage period, but as well or you wiling take financial risk , like putting someones name on car registration, if you not real couple nobody would want to put someones name on car ownership, phone bills, i think you can put utility bills , even now... even one , that you have.. that will give some extra a little bit evidence..

Tons of e-mails and instant messages between me and my husband;

My gifts to the family and relatives of my husband (most are needleworks made by myself);

A scrapbook made by myself, which holds the photos, receipts and bus and railway tickets of our travel in the honeymoon;

Rent lease and two years of renewals

Copy of our Costco Club cards on a joint account

The documents that carry the most weight are jointly filed tax returns, joint bank statements (the balance doesn’t matter), proof of medical insurance, proof of life insurance, joint car registration, joint car insurance, joint ownership or rental of property, affidavits (statements), and of course babies born to the couple (children’s birth certificates). The documents should range over the span of at least two years (longer is better if possible). For example, in the case of bank statements, choose two or three for each year (be careful about printing your online statement because it usually doesn’t have your names, address and bank account number on it). The new couple is proving that they live together, take care of each other financially, and care about each other personally.

http://www.avvo.com/legal-guides/ugc/i751-petition-and-required-documents-1

http://www.sarmientoimmigration.com/2013/03/02/evidence-proof-and-bona-fide-marriage-documents-for-i-130-ir-petitions-and-stokes-interviews-three-unique-pointers/

[BrightandLight 1]

Pictures... maybe you attend church .. you can get letter from pastor... affidavits from friends, apartment manager,neighborhoods (that they saw living together this period.

Don't try to look for excuses or concentrate on something that you don't have ... or why you don't have something... try to get it... as much as possible.... to leave the country is not solutions,you got married because you love each and planning to spend your life together ,

Another ways can prove that you are living together as couple.So you don't need to leave country...I understand that you are making making a living , trying to do as best as possible for your ability at this moment... and can not really have expenses like - life insurance and so on... but here is more ways to prove that you co-miglate your life together that life insurance,go to the bank ask for letter that you opened bank together, do you have car? maybe copy driver license both of you., car title, car registration., copies of actual credit debit cards, i think they a not only looking if you share expenses trough this marriage period, but as well or you wiling take financial risk , like putting someones name on car registration, if you not real couple nobody would want to put someones name on car ownership, phone bills, i think you can put utility bills , even now... even one , that you have.. that will give some extra a little bit evidence..

Tons of e-mails and instant messages between me and my husband;

My gifts to the family and relatives of my husband (most are needleworks made by myself);

A scrapbook made by myself, which holds the photos, receipts and bus and railway tickets of our travel in the honeymoon;

Rent lease and two years of renewals

Copy of our Costco Club cards on a joint account

The documents that carry the most weight are jointly filed tax returns, joint bank statements (the balance doesn’t matter), proof of medical insurance, proof of life insurance, joint car registration, joint car insurance, joint ownership or rental of property, affidavits (statements), and of course babies born to the couple (children’s birth certificates). The documents should range over the span of at least two years (longer is better if possible). For example, in the case of bank statements, choose two or three for each year (be careful about printing your online statement because it usually doesn’t have your names, address and bank account number on it). The new couple is proving that they live together, take care of each other financially, and care about each other personally.

http://www.avvo.com/legal-guides/ugc/i751-petition-and-required-documents-1

http://www.sarmientoimmigration.com/2013/03/02/evidence-proof-and-bona-fide-marriage-documents-for-i-130-ir-petitions-and-stokes-interviews-three-unique-pointers/

Bank Statements (activity) (not balance)

Some people say once you open a joint bank statement, you should be good in terms of showing bona fide evidence.

That’s wrong.

What is important is MONTHLY ACTIVITY.

What is important also are the dates.

A bank statement opened a week before the interview with $100 on it and no activity at all (no debits no credits) is actually an indication of potential fraud. That may even hurt the case. They want to see not just proof of a joint bank account, they often want to see joint bank statements for as many months as possible, WITH ACTIVITY.

If there is suspicion about the bank statement, the officers usually also ask if each have their own individual bank statements.

Again, there is never an automatic approval or denial with each evidence. Some get approved without a joint bank statement (let’s say one could not be opened due to a lack of social security by the beneficiary… or because the petitioner simply does not have a bank account for some valid reason). But they often ask about this.

Again, some cases get approved even without a joint bank statement if there are other evidence of commingling of finances etc. But a joint bank account with no activity on it is actually worse.

Joint bank statements for multiple months with activity on it – good evidence.

ID (address)

Some may think an ID is shown simply for identification. But it’s not just for that.

Right of the bat, what most officers ask for are the IDs of the parties, typically the passport of the beneficiary and the driver’s license or state ID of the petitioner.

What do they look for in the driver’s license?

Other than obviously the identity of the petitioner, they look at theaddress written on the DL. When was the DL issued? Was it issued after the marriage? Is the address then consistent with the address you purport to be living together?

If it was issued before you lived together, is the address consistent with what you have on the G-325A during those months?

[Harpa Timsah 13,258]

You are confused about the requirements and that is making you stressed.

You say you showed "everything we were supposed to." That is impossible, because there is no one thing you "are supposed" to show. If it was a matter of showing random documents then any scammer could get through. You need to show them evidence of a bona fide marriage. So think about your marriage and figure out what shows that you live together and plan your lives together as a couple.

You don't need to have debt or anything to prove this, and your insistence on your income is sending you down the wrong path.

So, you rent, did you show a joint lease? Did you show a joint bank account for every month of your marriage? Did you show tax returns? Health insurance? Life insurance? Any credit cards? Any utilities? Phone/electric/sewer or anything?

You haven't actually made a list of what you sent.

If you fail in this RFE then yes, you will have an interview and they will ask you about your lives.

[BrightandLight 1]

[Cheezees 1,514]

Please list what you originally sent. Then we can help you figure out what is may be required.

[ionianrain 4]

You are confused about the requirements and that is making you stressed.

You say you showed "everything we were supposed to." That is impossible, because there is no one thing you "are supposed" to show. If it was a matter of showing random documents then any scammer could get through. You need to show them evidence of a bona fide marriage. So think about your marriage and figure out what shows that you live together and plan your lives together as a couple.

You don't need to have debt or anything to prove this, and your insistence on your income is sending you down the wrong path.

So, you rent, did you show a joint lease? Did you show a joint bank account for every month of your marriage? Did you show tax returns? Health insurance? Life insurance? Any credit cards? Any utilities? Phone/electric/sewer or anything?

You haven't actually made a list of what you sent.

If you fail in this RFE then yes, you will have an interview and they will ask you about your lives.

I do thank you for your advise, but I allow me to tell you that your assumption about whether we send the right stuff or not, is wrong.

Joint lease: sent

Bank Statements: sent (2 banks)

Tax Returns: sent

Friends that know us affidavits: sent

Utilities: (just electric bill is all that we have); not sent since it is in my name and was opened 8 years before my wife's arrival.

Life insurance: can't afford

Healt insurance: can't afford

Credit Cards: just mine. nothing sent. wife had no credit history.

Pictures: (quite a few) sent

I.D.s with same residence: sent

Car: is in my name and bought well before my wife's arrival.

Still though, I have included her in the insurance and the document was sent too.

Itineraries: sent. 45 DAYS of HONEY MOON in Europe, while most in the States go a week in Cancun and that's it.

We also sent a bunch of other minor proofs.

List of what we included: sent

Result: the above mentioned story of the topic I have described.

Have they lost some of our documents? Could be, but that was NOT our fault, as you probably understand.

Now they claim they want more proofs and they ask the same docs and papers we have sent.

One last thing about expenses: I am the only one who works. Wife can barely speak english and currently is attending school to improve her language skills.

Wife doesn't drive, which means she can't find a job as easily as if she was driving.

Food and necessary things to pass the month: she can go to buy them by bus and that happens ONLY if she is VERY LOW on food because the bus leaves her a couple of miles off our street and she has to walk the distance like a broken back donkey. Get a cab to do it? Would anyone trust a young lady alone, with language barrier and her husband some thousands miles away to board a taxi and do this? If anyone would, in the country that has the most disappearances and the highest rape rate, then I congratulate him, but I am not like him on that.

How we buy our food (clothing we buy once in a blue moon)? I am a trucker; I work a month and then I go home. Before I leave we go to the super market and we buy provisions for a month and a half and that's it. Should we be condemned because we have a different kinda living from most people here? I thought this was the... "land of the free"...

I have read your post and those of the others and I intend to resend all of the proofs we have and we were told (though they are the same with those we have gathered) and if that doesn't work I would request a personal hearing, an audit, a court, someone to come face to face and bring our case there.

Truthfully thankful to you for your kind help.

God bless

[ionianrain 4]

instead of hunting the REAL illegals they are after the REAL married couples...

Edited September 2, 2013 by ionianrain

[VanessaTony 3,567]

Hi and thank you for offering us to help

Here is our answer:

A list with all the items we included in the envelope explained in details: sent

Joint lease: sent

Bank Statements: sent (2 banks)

Accounts movement: sent

Cards (congratulating us on our marriage): sent

Water, sewage, internet, cable bills: we have nothing of the above

Cell phones: no family plans. Too expensive and you have to pay a lot more to call overseas where both our families live. Therefore we have 2 prepaid phones and couldn't send anything concerning cell phones.

Travel Medical Insurance: (costs a few bucks per month only) documents sent

Travel Medical Insurance Beneficiary: I have put my wife as such and the doc was sent too.

Tax Returns: sent

Last will: not sent; what to leave to my wife since I have nothing and she has nothing either?

Friends that know us affidavits: sent

Utilities: (just electric bill is all that we have); not sent since it is in my name and was opened 8 years before my wife's arrival.

Life insurance: can't afford

Healt insurance: can't afford

Credit Cards: just mine. nothing sent. wife had no credit history.

Pictures: (quite a few) sent

I.D.s with same residence: sent

Car: is in my name and bought well before my wife's arrival.

Still though, I have included her in the insurance and the document was sent too.

Itineraries: sent. 45 DAYS of HONEY MOON in Europe, while most in the States go a week in Cancun and that's it.

We also sent a bunch of other minor proofs.

List of what we included: sent

Result: the above mentioned story of the topic I have described.

Have they lost some of our documents? Could be, but that was NOT our fault, as you probably understand.

Now they claim they want more proofs and they ask the same docs and papers we have sent.

I will most probably re-send all and an explanatory letter in full details and if they still don't accept it, then we don't know what else to do...

You need evidence from the beginning of your marriage until now.

So how many bank statements? How long was the lease for? etc etc