Sending additional ROC evidence without an RFE

[ryna 132]

I know when my wife and I were going through the K-1 and AOS processes, everyone advised against sending additional, unsolicited evidence to USCIS without an RFE because the odds were it would never be added to the case file. However, I noticed that my wife's ROC NOA1 says that if you wish to submit more evidence to support the filing, include the Receipt Number.

Well, we felt pretty good about what we had sent when we sent it but after reading here, now we're not so sure.

The big concerns are:

• I lost my job at the end of 2011. Because my wife had just received her Conditional GC and because we were doing OK financially, we decided that I'd take off for the first half of 2012 to spend time together, travel and work on projects that she wanted to do around the house. Unfortunately, the first half of 2012 turned into all of 2012. Since we had no 2012 income (my wife has never worked in the U.S.), we weren't required to file 2012 taxes. (We actually tried but the little interest/dividend income that we had was way below the filing threshold and TurboTax wouldn't even accept our return.) In any event, we didn't have to file, so we didn't. We sent copies (not transcripts) of our 2011 married, filing jointly return but no 2012 return, obviously. 2013 taxes, should ROC take that long, will again be married, filing jointly.

• The house is only in my name since I bought it in 2000. The original plan was to refinance it and add her to the mortgage/title, but the housing market crash took that option off the table. And, the no income in 2012 buried it. Now, the rates are creeping back up and with less than 10 years left, the smaller difference in rates no longer allows time to re-coup the closing costs, so...

• Of all our 8 joint bank/utility accounts, only 1 bank (2 accts) and 1 utility list both names on the statements. Luckily, we do receive those bank statements via regular mail and have them filed away. We only sent 1-2 from each year since 2011 to keep the paper down since each statement is 8 pages, front/back going back for almost 3 years. The electric bill statements are only available online and, unfortunately, they only archive the last 12 months so we had nothing before July of 2012 to send. I've been almost exclusively electronic billing and bill pay for over a decade (and my wife has been since her arrival) so it never even occurred to me to download and print the statements each month as we went along. As for the other accounts, they only list the primary account holder's name - mine - so, even if we could get those statements, they don't show her as a joint owner even though she is. We did send letters from the other banks stating she's been a joint owner since 2011. We didn't bother with the other utilities. (The water company flat out refuses to add a joint account holder for any reason.)

Obviously, we can't give them what doesn't exist but would it be worth it to send an explanation letter covering why we don't have a joint mortgage or why we didn't (have to) file 2012 taxes jointly and maybe, send a few more monthly statements from the bank account that shows both names to cover the gaps? (They do have 1 or 2 from each year, going back to when she still had to use her maiden name because she hadn't received her EAD yet.) We just put everything in the envelope without explanation but mortgage/lease and multi-year tax returns seem to be on everyone "must have" list and we just happen to have neither (for valid reasons, but still.)

On one hand, we want to head off any RFE and delay in processing. On the other, maybe our other evidence is more than enough and there's no sense in stirring the pot, so to speak...

Has anyone else ever sent in more evidence or a letter of explanation without receiving an RFE and did it get added to your case without problems?

Oh well.... Another round of USCIS

[Navyk 78]

I know when my wife and I were going through the K-1 and AOS processes, everyone advised against sending additional, unsolicited evidence to USCIS without an RFE because the odds were it would never be added to the case file. However, I noticed that my wife's ROC NOA1 says that if you wish to submit more evidence to support the filing, include the Receipt Number.

Well, we felt pretty good about what we had sent when we sent it but after reading here, now we're not so sure.

The big concerns are:

• I lost my job at the end of 2011. Because my wife had just received her Conditional GC and because we were doing OK financially, we decided that I'd take off for the first half of 2012 to spend time together, travel and work on projects that she wanted to do around the house. Unfortunately, the first half of 2012 turned into all of 2012. Since we had no 2012 income (my wife has never worked in the U.S.), we weren't required to file 2012 taxes. (We actually tried but the little interest/dividend income that we had was way below the filing threshold and TurboTax wouldn't even accept our return.) In any event, we didn't have to file, so we didn't. We sent copies (not transcripts) of our 2011 married, filing jointly return but no 2012 return, obviously. 2013 taxes, should ROC take that long, will again be married, filing jointly.

• The house is only in my name since I bought it in 2000. The original plan was to refinance it and add her to the mortgage/title, but the housing market crash took that option off the table. And, the no income in 2012 buried it. Now, the rates are creeping back up and with less than 10 years left, the smaller difference in rates no longer allows time to re-coup the closing costs, so...

• Of all our 8 joint bank/utility accounts, only 1 bank (2 accts) and 1 utility list both names on the statements. Luckily, we do receive those bank statements via regular mail and have them filed away. We only sent 1-2 from each year since 2011 to keep the paper down since each statement is 8 pages, front/back going back for almost 3 years. The electric bill statements are only available online and, unfortunately, they only archive the last 12 months so we had nothing before July of 2012 to send. I've been almost exclusively electronic billing and bill pay for over a decade (and my wife has been since her arrival) so it never even occurred to me to download and print the statements each month as we went along. As for the other accounts, they only list the primary account holder's name - mine - so, even if we could get those statements, they don't show her as a joint owner even though she is. We did send letters from the other banks stating she's been a joint owner since 2011. We didn't bother with the other utilities. (The water company flat out refuses to add a joint account holder for any reason.)

Obviously, we can't give them what doesn't exist but would it be worth it to send an explanation letter covering why we don't have a joint mortgage or why we didn't (have to) file 2012 taxes jointly and maybe, send a few more monthly statements from the bank account that shows both names to cover the gaps? (They do have 1 or 2 from each year, going back to when she still had to use her maiden name because she hadn't received her EAD yet.) We just put everything in the envelope without explanation but mortgage/lease and multi-year tax returns seem to be on everyone "must have" list and we just happen to have neither (for valid reasons, but still.)

On one hand, we want to head off any RFE and delay in processing. On the other, maybe our other evidence is more than enough and there's no sense in stirring the pot, so to speak...

Has anyone else ever sent in more evidence or a letter of explanation without receiving an RFE and did it get added to your case without problems?

Oh well.... Another round of USCIS

You can always send additional evidence using a copy of NOA1 letter received, which will enable them to link the information correctly.

[Hypnos 6,576]

You can always send additional evidence using a copy of NOA1 letter received, which will enable them to link the information correctly.

It's a possibility, rather than a certainty. Unsolicited information might make it into the relevant application and it might not, there is no way to know.

[ryna 132]

It's a possibility, rather than a certainty. Unsolicited information might make it into the relevant application and it might not, there is no way to know.

That's our concern. I know it was advised against during the other phases, but this is the 1st Receipt Notice I've seen where is explicitly said you could do so. I was just wondering if others have had success or even been hit up with an RFE for not having those 2 big things - joint mortgage and taxes (without sending an explanation letter upfront.) On the other hand, if it never arrives, then the result would be the same, so maybe it's worth a shot...

Not going to lie... Coming from a very long line of non-immigrants and having zero prior experience with USCIS, it's still a bit strange for me to get used to the almost "guilty until proven innocent" standard that they employ which is the exact opposite of how I was brought up.

Edited October 3, 2013 by ryna

[Navyk 78]

That's our concern. I know it was advised against during the other phases, but this is the 1st Receipt Notice I've seen where is explicitly said you could do so. I was just wondering if others have had success or even been hit up with an RFE for not having those 2 big things - joint mortgage and taxes (without sending an explanation letter upfront.) On the other hand, if it never arrives, then the result would be the same, so maybe it's worth a shot...

Not going to lie... Coming from a very long line of non-immigrants and having zero prior experience with USCIS, it's still a bit strange for me to get used to the almost "guilty until proven innocent" standard that they employ which is the exact opposite of how I was brought up.

If the evidence is a good and strong one (based on your case), then it is better to send it now else better wait till they issue a RFE (I wish you don't one). Even if you wait till you get a RFE, it is not bad, as once the proper asked for evidence is provided as response to the RFE, approvals generally have been received within 30 - 45 days on average. Of course if the evidence is still not convincing, then it gets delayed.

[ryna 132]

I think we're going to gather some more statements, maybe some photos, the passport stamps showing our 2 trips to Colombia in 2012, cards, maybe ask friends/neighbors to prepare affidavits and compose an explanation letter for the mortgage and 2012 taxes, just in case we do get an RFE. At least it will make it easier if the need ever arises.

Or, whether she is on the mortgage/deed or not, I could just send them a picture showing that the master bathroom is now painted a shade of pink. That alone should be proof that this is really her house!

Edited October 3, 2013 by ryna

[lindam201 0]

Hi Ryna,

I think I am having the same problem you had and I am excited to have found your post here about sending unsolicited documents to USCIS for I-751. I need to send them tax return transcripts. Can I know when did you send your additional documents to them? And does it help? No RFE and got approved soon right? You sure they have got what you have sent?

Thank you!!!