Request for More Evidence... Again

[EvaMariaSoto 0]

Hey all,

I just got a second document to Request for More Evidence... This is getting frustrating. The lawyer definitely thought it was going to be much quicker than this.

I filed jointly with my husband in October 2013. We got married in 2011. We were young (21 and 23), and we had already been together for 2 years. We lived together in NY, then in Pennsylvania, and when we moved to Portland we decided to make that our home, and then we got married. We got married because we wanted to be together and decided that we would do a ceremony later on when we had the money. Thus, I decided to switch from a student visa to get a green card based on marriage. We did this together.

Because of how young we were, we didn't have a lot of the conventional things you do if you marry with full time jobs and a more stable income. Nevertheless the interview went smoothly and I got my GC right away.

During the two years of our marriage we bought a house that he had under his name and his dad's, just because it made sense financially. I still hadn't worked full time cause I was a student, and the lender thought it'd be better to add me to the house title later on. We got a joint account where we would manage the house funds. He added me to his brokerage account--account only he had access to. We filed taxes jointly both years. We don't have much more stuff together other than a cat, but we have a pretty big collection of trips to visit each others families, a million friends who can attest to our very much true marriage, even a therapist that we shared and who was there during the entire process of us deciding to separate (2 years later). I understand that this is not the biggest collection of conventional evidence, but honestly I don´t know what to say, we were married for 2 years, together for a total of 5, and we're currently separated but not planning to get divorced any time soon. He is very much supportive of this whole process and still loves me very much, so he's only going to show up and be there for me in whatever capacity is needed...

But I just got my second request for evidence, and I'm starting to worry. The thing is, there is no lying in any of this. We married in good faith and we are currently exploring other options, but we were very much excited to be together for the rest of our lives. However, we don't have more evidence than what we submitted. We got all the extra stuff that is not as needed such as affidavits from friends and family, from our lawyer, pictures, leases, boarding passes, etc. We really are just hoping for them to give us the interview, since again, there is no question of the truth of our marriage. But for now we've only gotten asked for more evidence.

My question is, what's next? Can they just decide that there is not enough evidence and terminate my status? It was true and I don't know what else to do. Can they make a decision negatively without first giving us the interview? I am at a loss as to what to expect, what to do. Neither my lawyer nor us were expecting this to take so long and so much evidence... it's hard to understand what to do when it's so obvious for everyone else but those who have to make the decision...

Any advice would be appreciated... I'm traveling to see my family soon and I'm starting to worry that they can just terminate my status any time--even while in another country. But this is so absurd that I feel weird even worrying about it. Sigh.

[Jon and Krissy 452]

Give them everything you possibly can - get multiple sworn affidavits from family and friends, pictures together, any leases/bills/bank accounts/car ownership/bank accounts together.

If you've already done all that, resend everything you possibly can, and write a really good cover letter explaining what you just explained below.

My understanding is they will NOT reject you provided you DO answer the second RFE as I outlined above. Worst case, they call you two in for an interview, where you justify yourselves in person.

Couples with legit relationships will NOT be denied. They may be interviewed as I just mentioned, however.

You will be ok. Answer the second RFE to the very best of your ability.

Edit: What evidence have you already sent? Get half a dozen affidavits attesting to your relationship from among those 'millions' of friends....

Hey all,

I just got a second document to Request for More Evidence... This is getting frustrating. The lawyer definitely thought it was going to be much quicker than this.

I filed jointly with my husband in October 2013. We got married in 2011. We were young (21 and 23), and we had already been together for 2 years. We lived together in NY, then in Pennsylvania, and when we moved to Portland we decided to make that our home, and then we got married. We got married because we wanted to be together and decided that we would do a ceremony later on when we had the money. Thus, I decided to switch from a student visa to get a green card based on marriage. We did this together.

Because of how young we were, we didn't have a lot of the conventional things you do if you marry with full time jobs and a more stable income. Nevertheless the interview went smoothly and I got my GC right away.

During the two years of our marriage we bought a house that he had under his name and his dad's, just because it made sense financially. I still hadn't worked full time cause I was a student, and the lender thought it'd be better to add me to the house title later on. We got a joint account where we would manage the house funds. He added me to his brokerage account--account only he had access to. We filed taxes jointly both years. We don't have much more stuff together other than a cat, but we have a pretty big collection of trips to visit each others families, a million friends who can attest to our very much true marriage, even a therapist that we shared and who was there during the entire process of us deciding to separate (2 years later). I understand that this is not the biggest collection of conventional evidence, but honestly I don´t know what to say, we were married for 2 years, together for a total of 5, and we're currently separated but not planning to get divorced any time soon. He is very much supportive of this whole process and still loves me very much, so he's only going to show up and be there for me in whatever capacity is needed...

But I just got my second request for evidence, and I'm starting to worry. The thing is, there is no lying in any of this. We married in good faith and we are currently exploring other options, but we were very much excited to be together for the rest of our lives. However, we don't have more evidence than what we submitted. We got all the extra stuff that is not as needed such as affidavits from friends and family, from our lawyer, pictures, leases, boarding passes, etc. We really are just hoping for them to give us the interview, since again, there is no question of the truth of our marriage. But for now we've only gotten asked for more evidence.

My question is, what's next? Can they just decide that there is not enough evidence and terminate my status? It was true and I don't know what else to do. Can they make a decision negatively without first giving us the interview? I am at a loss as to what to expect, what to do. Neither my lawyer nor us were expecting this to take so long and so much evidence... it's hard to understand what to do when it's so obvious for everyone else but those who have to make the decision...

Any advice would be appreciated... I'm traveling to see my family soon and I'm starting to worry that they can just terminate my status any time--even while in another country. But this is so absurd that I feel weird even worrying about it. Sigh.

Edited June 24, 2014 by Jon and Sol

[Simeon 25]

What did the second RFE ask for?

[Cheezees 1,514]

Many young couples are in the same boat as you.

What exactly did the 1st and 2nd RFE ask for?

What did you provide initially? (Prior to the RFEs)

Did you get on the title of the house eventually? Being added to the title is not the same as being added to the mortgage.

Did you have a joint savings/checking acct for everyday expenses?

How were your bills paid and in whose name were they?

I think they may be suspicious of a lack of financial evidence AS WELL AS a continued separation. That does not look like you intend on spending the rest of your lives together (even if you do).

Like Jon and Sol said, resend everything. Explain in detail why you lack certain evidence (didn't have a baby, didn't buy a car, didn't qualify for credit cards, etc). Explain why your separation is the best step to recover your marriage and how you are working on it. (I am not sure that revealing the separation was the wisest decision - wait.... Did you reveal it or am I projecting here? If I am, IGNORE ME ). Provide as much as you can, even secondary evidence like affidavits, trips, photos. A 2nd RFE is rare and you may be interviewed but you should be fine if all is really well.

[Jon and Krissy 452]

Many young couples are in the same boat as you.

What exactly did the 1st and 2nd RFE ask for?

What did you provide initially? (Prior to the RFEs)

Did you get on the title of the house eventually? Being added to the title is not the same as being added to the mortgage.

Did you have a joint savings/checking acct for everyday expenses?

How were your bills paid and in whose name were they?

I think they may be suspicious of a lack of financial evidence AS WELL AS a continued separation. That does not look like you intend on spending the rest of your lives together (even if you do).

Like Jon and Sol said, resend everything. Explain in detail why you lack certain evidence (didn't have a baby, didn't buy a car, didn't qualify for credit cards, etc). Explain why your separation is the best step to recover your marriage and how you are working on it. (I am not sure that revealing the separation was the wisest decision - wait.... Did you reveal it or am I projecting here? If I am, IGNORE ME ). Provide as much as you can, even secondary evidence like affidavits, trips, photos. A 2nd RFE is rare and you may be interviewed but you should be fine if all is really well.

I totally missed that the OP and spouse are separated. OP - umm, you may have some issues getting the conditions removed. This one's above my pay grade. Good luck....

Edited June 24, 2014 by Jon and Sol

[EvaMariaSoto 0]

Thank you so much all for your responses.

1- We submitted the following evidence:

• Letter from the bank about our joint account saying when it was open and when it closed, showing the dates that we decided to buy a house and then separate
• Copy of the agreement that I be allowed to access his brokerage account
• Copy of State Farm Insurance Rental Policy for when we rented together for a year
• Bills in my name in the two different houses we've lived in together since we got married--I managed the bills the entire time, including those of the house we bought (although my name is not in the deed for the reasons I explained above)
• Copy of jointly filed income taxes for 2011 and 2012
• Affidavits of support from four of our friends, as well as the therapist we shared
• Personal declarations of him and I about the situation
• Photos of trips, family, etc.
• Bill from the veterinary with both of our names sharing our one pet

I think that's it!

Then, what they asked for this second time around:

• Complete affidavits of support--which the lawyer says just means we need to have them notorized, which we are doing
• W2s in our tax returns--which we didn't have cause I was a student on financial aid and with parents' assistance, and he didnt either cause he was in the same boat! The lawyer said she's just going to describe that situation in the cover letter
• A full statement of the bank account information--which the lawyer says we sent and they just misread
• More proof that I had access to this brokerage account--(?) the lawyer here says that she'll write up why this is all the evidence we have, which should certainly be enough

So now I'm getting the affidavits notorized, my husband is going to write a declaration that he is still my husband and he does want to continue this application filing jointly, and the lawyer is writing a cover letter responding to everything else. Then we'll send it again. In our first RFE we did say that we were separated cause I had JUST switched addresses and I wanted to make sure we were secure on that. We're still hanging out though, and we're traveling to Chicago together this week. Not sure if we'll continue the marriage long-term but we're certainly still trying to figure things out and we were definitely serious when we married. The officer who interviewed us only did so for less than 15 minutes because it was so clear.

What do you think? THANK YOU SO MUCH you're definitely calming me down a bit.

Edited June 24, 2014 by EvaMariaSoto

[EvaMariaSoto 0]

I totally missed that the OP and spouse are separated. OP - umm, you may have some issues getting the conditions removed. This one's above my pay grade. Good luck....

The lawyer was the one to say that that was okay... that the only thing I had to prove was that, at the time, we married in good faith, and that we are not currently divorced nor are we planning on it yet. In the second RFE they asked if we wanted to change from a joint application to one on my own, but neither Dan or I feel the need to do that. We'd like to figure this out together... I understand they may be suspicious because of this, but regardless, we didn't lie at all at any step of the process... wouldn't they have to have proof that we lied to terminate my status? And not just what they consider a lack of evidence? I'm just so confused as to what else to do to make it clear... other than having the interview!

[EvaMariaSoto 0]

Many young couples are in the same boat as you.

What exactly did the 1st and 2nd RFE ask for?

What did you provide initially? (Prior to the RFEs)

Did you get on the title of the house eventually? Being added to the title is not the same as being added to the mortgage.

Did you have a joint savings/checking acct for everyday expenses?

How were your bills paid and in whose name were they?

I think they may be suspicious of a lack of financial evidence AS WELL AS a continued separation. That does not look like you intend on spending the rest of your lives together (even if you do).

Like Jon and Sol said, resend everything. Explain in detail why you lack certain evidence (didn't have a baby, didn't buy a car, didn't qualify for credit cards, etc). Explain why your separation is the best step to recover your marriage and how you are working on it. (I am not sure that revealing the separation was the wisest decision - wait.... Did you reveal it or am I projecting here? If I am, IGNORE ME ). Provide as much as you can, even secondary evidence like affidavits, trips, photos. A 2nd RFE is rare and you may be interviewed but you should be fine if all is really well.

[EvaMariaSoto 0]

So we did say in our declaration that we separated. We've been continuously checking in, seeing each other, as well as exploring other options. He's leaving for a trip in Mexico for 4 months in the Fall, for example, and he's also exploring with other people. We're giving each other enough space and thinking time, and we are both very fond of each other and have all the love and respect for the other. However, it is currently a separation. I moved away from our house that he owns in January. My lawyer thinks that none of this is actually relevant other than telling the truth the entire time since we did marry in good faith, and we did have a good marriage for two years and have no plans to divorce. We lived together for 2 years before marrying, we married and we lived together for two more years, married. Everybody around us can attest to all of it, no doubt about that... but yeah, this is where we are at. He still wants to have this be filed jointly and for both of us to go throught his process together, which I really appreciate. It's been a bonding experience in a very good way for both of us, regardless of our separation. My lawyer says that this is all well and good to go, but she's also been surprised that there was this second RFE.

All the info of what I submitted both times is in my last response too. I haven't sent the second one yet since I'm still waiting for some of the notorizations.

Really thank you so so much for all of your support!

[Cheezees 1,514]

Your lawyer is correct that you need to show the marriage was entered to in good faith HOWEVER it is misleading to state that this is all that matters. There are categories under which to remove conditions for the ROC. While married, after divorce, if abused, or if your spouse is deceased. No category covers separation. Going to counseling is fine. Stating that you went is fine. Applying with little comingling of funds evidence, disclosing the separation may not be.

USCIS does not have to prove you lied to deny your case. Not having evidence is reason enough thus the repeated RFEs. That why you need to bombard them with evidence. Notarizing the affidavits is useless. Don't waste time with that.

I honestly don't know anyone who was separated and living apart due to the separation who was also going through the ROC. Maybe you will be the first one to power through the obstacles and get approved! I certainly hope so but my advice is limited. Good luck!

[EvaMariaSoto 0]

Your lawyer is correct that you need to show the marriage was entered to in good faith HOWEVER it is misleading to state that this is all that matters. There are categories under which to remove conditions for the ROC. While married, after divorce, if abused, or if your spouse is deceased. No category covers separation. Going to counseling is fine. Stating that you went is fine. Applying with little comingling of funds evidence, disclosing the separation may not be.

USCIS does not have to prove you lied to deny your case. Not having evidence is reason enough thus the repeated RFEs. That why you need to bombard them with evidence. Notarizing the affidavits is useless. Don't waste time with that.

I honestly don't know anyone who was separated and living apart due to the separation who was also going through the ROC. Maybe you will be the first one to power through the obstacles and get approved! I certainly hope so but my advice is limited. Good luck!

Ummm okay, well. That definitely makes me very worried I'll talk to my lawyer on Wednesday.

[Cheezees 1,514]

Ummm okay, well. That definitely makes me very worried I'll talk to my lawyer on Wednesday.

Oh, I don't want you to be worried. Everything should work out fine. Please let us know your progress.

[EvaMariaSoto 0]

Oh, I don't want you to be worried. Everything should work out fine. Please let us know your progress.

I will... I'm just worried and upset that this is so complicated. When I was filing this jointly with him, the lawyer said that everything was fine with our case... but now it might not be. And I have my whole life planned around it. I'm starting grad school this Fall, and it is as a permanent resident and not a student visa... and I just can't stand the idea of everything going wrong, when at no point did I do anything wrong. We definitely married in good faith, I just don't know what else to say. I asked for legal advice every time, and every time I followed it. I really don't know that I could have done anything differently.

Thanks so much for your support though. I will keep you informed!

[Hypnos 6,576]

I don't believe they deny joint I-751s without an interview.

You are filing in a somewhat grey area, as the overwhelming majority of people file jointly in a normal marriage or file with a divorce waiver after the marriage was terminated. You are fortunate though that your husband wants to continue the joint process, as you would essentially be up creek otherwise.

Send them all the evidence you can lay your hands on before the RFE deadline, and be prepared to attend an interview. If interviewed, it's vital that you are both present for it.

[milimelo 4,502]

Include the 2013 taxes, any medical bills (statement of benefits) you have that show the same address, if you filled out a form at the doctor's or at school identifying your spouse as emergency contact get that, DL have the same address?

Bank statements from the joint account since you separated?

Was there any marriage counseling that you could show proof of?