Received 1 year extension, and then blue RFE letter

[pm5k 127]

My wife filed her I-751 in August 2015, and had her biometrics appointment in September 2015. Earlier, we received an NOA stating that she has been granted 1 more year of conditional status. However, we just received a blue RFE letter stating that while we did provide some evidence of a bona fide marriage, we did not show combined assets, liabilities, properties, etc. I thought the combined bank account and beneficiary information from my work would be enough, but I guess not?

Here is what we sent with the initial package:

1. Copy of IRS Tax Transcript for 2013, filed jointly

2. Copy of IRS Tax Transcript for 2014, filed jointly

3. Copy of beneficiary confirmation notice from my work showing my wife as the beneficiary of my 401k, pension, etc.

4. Copy of enrollment confirmation for medical and dental from my work, showing my wife as covered through me.

5. Copy of dental insurance card showing both names.

6. Copy of my driver's license and her state ID, both having the same address.

7. Letter from a doctor's office to my wife, showing her address same as mine

8. Medical bill sent to my wife, showing address same as mine.

9. Copy of ultrasound taken August 5, 2015 (wife pregnant at the time)

10. Hospital bill for surgery my wife had in August 2014, showing me as guarantor.

11. Insurance Explanation of Benefits (EOBs) for various physical therapy sessions (dates listed) after the surgery.

12. List of dental claims from September 2011 - present (many claims for my wife shown)

13. Bank statements for joint bank account for April through July 2015

17. Various photographs from the past two years. Date and location written on the back of each. (about 20 photos starting in 2013 though 2015)

Why would I receive a blue RFE letter?

A few questions:

1. Our child was born in February 2016, would sending a birth certificate help?

2. More medical bills helpful?

3. Affidavits from neighbors who have seen us living together for the past 2+ years?

4. Affidavits from landlord?

5. I own property, but have not had a chance to add my wife to the title yet. I can add her now, but will it help since it is AFTER they sent an RFE?

6. More bank statements?

7. This year's taxes?

8. This year's enrollment confirmation from work (medical, dental, etc)?

9. Any other suggestions?

[Cheezees 1,514]

My wife filed her I-751 in August 2015, and had her biometrics appointment in September 2015. Earlier, we received an NOA stating that she has been granted 1 more year of conditional status. However, we just received a blue RFE letter stating that while we did provide some evidence of a bona fide marriage, we did not show combined assets, liabilities, properties, etc. I thought the combined bank account and beneficiary information from my work would be enough, but I guess not?

Here is what we sent with the initial package:

1. Copy of IRS Tax Transcript for 2013, filed jointly Good

2. Copy of IRS Tax Transcript for 2014, filed jointly Good

3. Copy of beneficiary confirmation notice from my work showing my wife as the beneficiary of my 401k, pension, etc. Good

4. Copy of enrollment confirmation for medical and dental from my work, showing my wife as covered through me. Good

5. Copy of dental insurance card showing both names. Good

6. Copy of my driver's license and her state ID, both having the same address. Good

7. Letter from a doctor's office to my wife, showing her address same as mine Good

8. Medical bill sent to my wife, showing address same as mine. Good

9. Copy of ultrasound taken August 5, 2015 (wife pregnant at the time) OK

10. Hospital bill for surgery my wife had in August 2014, showing me as guarantor. OK

11. Insurance Explanation of Benefits (EOBs) for various physical therapy sessions (dates listed) after the surgery. OK

12. List of dental claims from September 2011 - present (many claims for my wife shown) Good

13. Bank statements for joint bank account for April through July 2015 Extremely insufficient. Provide monthly statements that cover the whole ROC period. Yes, at least 24 statements.

14. 15. 16.???

17. Various photographs from the past two years. Date and location written on the back of each. (about 20 photos starting in 2013 though 2015) Fine

18. Do you have copies of a lease/mortgage/deed in both names or if you live with family do you have an affidavit attesting to your living situation?

19. Do you have copies of joint credit card statements covering the ROC period?

20. Do you have joint car insurance?

21. Do you have vehicle titles in both names?

22. Do you have proof of joint utilities? Phone bills, etc.?

Why would I receive a blue RFE letter? Because it seems like you superficially provided evidence that you live together and share finances.

A few questions:

1. Our child was born in February 2016, would sending a birth certificate help? I don't think so. Having a child together does not necessarily mean the marriage was entered into in good faith.

2. More medical bills helpful? No.

3. Affidavits from neighbors who have seen us living together for the past 2+ years? Maybe

4. Affidavits from landlord? A lease would have been better.

5. I own property, but have not had a chance to add my wife to the title yet. I can add her now, but will it help since it is AFTER they sent an RFE? No.

6. More bank statements? Yes!!! You sent just 3?

7. This year's taxes? If you have them, yes!

8. This year's enrollment confirmation from work (medical, dental, etc)? Maybe

9. Any other suggestions? See 18-22 above

Edited March 3, 2016 by Cheezees

[pm5k 127]

After my initial one year lease expired, I extended it for one year, but the landlord accidentally put the same initial year (as often happens in the beginning of the year, people mistakenly put the previous year). Landlord said no issue and that they understood the terms and that we didn't need to do another one (my mistake I guess). After that year was complete, I have been paying month to month. I am sure I can get an affidavit from my landlord stating that we have both been living in the same place from [date]. I may also be able to get a neighbor to sign an affidavit since they see us almost every day.

We have separate credit cards, but with the same address. I do have some credit cards that have her as the authorized user. If the credit card company/bank provided some documentation that she is an authorized user, would that help?

Also, for what it is worth, one of the suggestions on the blue RFE letter was "birth certificates of children born to you"

[NikLR 13,220]

Wills? Medical powers of attorney? Living wills?

[deleted this acco 44]

I provided checking account statements divided into every four months so they could see the account was avtive every quarter. Envelopes addressed to both of us for holidays etc.

[EM_Vandaveer 2,370]

Definitely include the child's birth certificate. Sure, ON ITS OWN, it does not mean much. Combined with all the other evidence, it's great. You have nothing to lose by including it. I'm convinced that the one birth cert. sent with my ROC & two birth cert.s sent with my N-400 helped me in establishing bona fide marriage IN COMBINATION with the other stuff. It's clearly listed on the instructions (and at the first point, too.)

From the I-751 instructions:

"Evidence of the Relationship

Submit copies of documents indicating that the marriage upon which you were granted conditional status was entered in good faith and was not for the purpose of circumventing immigration laws. Submit copies of as many documents as you can to establish this fact, to demonstrate the circumstances of the relationship from the date of the marriage to the present date, and to demonstrate any circumstances surrounding the end of the relationship, if it has ended. The documents should include, but are not limited to, the following examples:

1. Birth certificates of children born during the time of this marriage, if any;

2. Lease or mortgage contracts showing joint occupancy and/or ownership of your communal residence;

3. Financial records showing joint ownership of assets and joint responsibility for liabilities, such as joint savings and checking accounts with transaction history, complete joint Federal and State tax returns, insurance policies that show the other spouse as the beneficiary, joint utility bills, or joint installment or other loans. If applicable, submit copies of military Leave and Earnings Statements showing receipt of Basic Allowance for Quarters (BAQ) with family members and/or Form DD-1172 for military family member identification cards;

4. Other documents that you consider relevant to establish that your marriage was not entered for the purpose of evading U.S. immigration laws; and"

Then it mentions affidavits.

Edited March 4, 2016 by EM_Vandaveer

[andy78 178]

Child's birth certificate: YES!
Affidavits from neighbours: YES!, if they know you well
Affidavit from landlord: YES!, if he knows that you and your wife both live together on the property.
More bank statements: YES!, try to cover the entire period of marriage
This year's taxes: YES!
Medical/Dental enrollment for this year: YES!

Other suggestions:

Joint car insurance covering the entire marriage period (or as much as possible).

Tickets showing that you travelled together.

If either of you have close US family members, they can write affidavits.

[NikLR 13,220]

Affidavits are very low in the evidence scale. Please refer to the stickied thread at the beginning of this forum for what they're looking for. Mostly it's co-mingling of finances over the period of the marriage. People don't mingle finances with someone they don't trust. Include every bank statement, joint credit card statement (even if just as an authorized user), joint lease, joint ownership, etc... Include wills (which are necessary in life when you have children), and medical powers of attorney.

[squareleg 69]

As you noted "did not show combined assets, liabilities, properties, etc." To correct that - include property/lease documents, mortgage statements, credit card statements. If you have life insurance, please include the bank statements showing premiums paid and policy document listing your wife as beneficiary.

I would not advise to send more bank statements. USCIS, I am sure is smart to understand that you have joint account. I had only included 3-4 in my package. However, I did provide mortgage, life insurance, credit card, brokerage account (where both of us have permission to trade) etc. I have seen on this forum that folks provide 24+ months or whatever the period be of bank statements, which, in my opinion is useless. I suggest, rather, provide variety of evidence over the course of the period under consideration. Four statements each should be enough - just cover various types of assets and liabilities.

Child - include birth certificate, passport, evidence if you opened 529 account (with both parents names) for your child.

As stated, low on evidence scale, but you can include couple of affidavits from friends, family, etc. Further, include, vacation details (flight and hotel evidence, if you went to movies or bought tickets for shows, rides, tours etc.).

Good luck...

[dirk_diggler 107]

I can see why you were issued an RFE. You provided some good documentation but those did not cover from the time of your marriage to your time of filing. This is why I repetitively suggest in several threads to include the entire timespan. Submitting three months worth of bank statements when you should be covering two + years triggers RFEs 100%. Also, you did not provide documentation showing you live together. Driver licenses and hospital bills can show a common address but does not necessarily mean you live together there. Those could just be a forwarding address. This is why it is important to include rental lease agreements for every year since time of marriage or documentation that you own a home together. Please follow Cheezees' excellent advice. Every line. I will just add consider including healthcare power of attorneys and/or wills to each other. Good luck!

In this circumstance (and others), is it suggested to write a note or something explaining that a couple were living apart while the CR-1 visa was being processed?

Edited March 4, 2016 by dirk_diggler

[pm5k 127]

I consulted an immigration attorney, who more/less verified what many of you have said. I am assembling a package now, here is what I have planned. Any additional advice would be appreciated.

1. Certified copy (with embossed seal) of our child's long form birth certificate. Note: this does not say "long form", in case that matters.

2. Quitclaim deed for a property (single family home) that I own. I added my wife as co-owner after receiving the RFE, but it is still a property, and people generally do not give equal ownership of a property to someone they are not seriously committed to.

3. 2016 taxes filed jointly

4. Benefits confirmation for 2016 (dated Nov. 2015), indicating that my wife receives health coverage through me.

5. Updated benefits confirmation document (dated Mar 2016), similar to item #4, but also includes our child

6. Beneficiary confirmation (March 2016), which has been updated to now include my wife and our child

7. Copies of credit cards that show both of our names

7a. For one set of cards, I have letters from the credit card company as well as photocopies of cards (they sent new cards to us)

7b. For another set of cards, the cards themselves say "Member since 2013" for both of us. I do have a letter for these as well, but I added my wife as an authorized user a few weeks before she arrived in the US (so she could use a card overseas if needed). I figure that the cards themselves (since they have the date on them) is good enough for 7b.

8. Affidavit from landlord stating that I have been living in my apartment since [date] and my wife has been living with me since [date she came to US]

9. Affidavit from neighbor stating same as #8

10. Explanation of Benefits (EOB) from Blue Cross Blue Shield for a surgery my wife had in August 2014. It is addressed to me, but with my wife listed as "PATIENT"

11. Explanation of Benefits (EOB) from Blue Cross Blue Shield for the delivery in February 2016. It is addressed to me, but with my wife listed as "PATIENT"

12. Various photos following the delivery, as well as a few photos during pregnancy.

13. Letters from banks where we have joint accounts, indicating how long my wife has been an account holder.

14. Letter from Blue Cross Blue Shield stating that my wife has received medical insurance through me since 2013, and continues to receive coverage through me.

15. Enrollment confirmation documents from 2013 and 2014 stating that my wife is my dependent and beneficiary for 401k, pension, etc.

Questions:

1. For my quitclaim deed, is a photocopy sufficient, or should I send a certified copy from the recorder of deeds?

2. We went on a trip back in 2013 to Texas. I have her flight confirmation, but I cannot find mine. I do however have a car rental record, as well as a hotel reservation, but these are only in my name. We did visit relatives and friends who could sign affidavits stating that we were there. Thoughts?

3. We visited West Virginia (drove) in May 2014 to attend a graduation, and sent a photo from our trip. I can send hotel reservations, and/or an affidavit from the friend who graduated.

4. I have a document from 2013 stating that my wife is a beneficiary for 401k, pension, etc. However, I also have my parents listed as beneficiaries (percentages are different). Will this be problematic? If so, I can omit this one and just include the one for 2014 (which is dated Sept 2013 anyways).

5. All beneficiary documents show my wife as the primary beneficiary, but some (every year my work prints these things differently) state that my parents/siblings are contingent beneficiaries. Will this be problematic?

Any additional insight would be helpful.

Edited April 10, 2016 by pm5k

[andy78 178]

Here are what I think about some of your questions:

1. Copy is sufficient.

2. I don't know if the airline would be able to provide you with a copy of your confirmation, but you can contact them and find out. If not, then I think the the available travel documents compliment each other (add an explanation to this set of evidence: her confirmation + your hotel and car rental = you traveled together ). Personally, I don't think the affidavits for this trip would be necessary at this point, but it won't hurt if you want to add them.

3. If the hotel reservation has both your names, that would be good. Add the photos to that (may be photos from graduation event showing both of you), and it would be a good combination. Again, your friend's affidavit wouldn't hurt to add to the mix if you want to do that, but I don't think it's necessary, especially if the hotel reservation is in both your names.

4. I don't see a problem.

5. I don't see a problem.

Edited April 10, 2016 by andy78

[MsDDD 7]

I think all this could be enough if not waiting time turned through the border of 2015 and 2016. So sending docs like tax return they will see only 2014 covered. Same for medical and other work benefits which start enrollments in autumn time, past after petition was filed. As I was sending all before New Year I expect the same just because they have not too much for 2015 up to the very end of year. So relax. Get all past due this time and re-send as new again.

[pm5k 127]

Well, I sent it in, and it reached the California Service Center a few days ago. Does anyone know how long they generally take to respond?