NEED Help I-175 RFE

[charmander 692]

I would welcome an interview, that is no problem. I just don't know how to respond RFE when there is nothing new to send. We have already submitted everything there is to submit. There is no reason to have gotten an RFE we have already submitted everything they are asking for there is nothing new.

I understand your frustration totally. But when you say nothing new, there is at least 7 months of new stuff, right? Try to find what you can include. It could be as simple as christmas cards adressed to both of you, travel itineraries, 2015 tax returns, new health insurance enrollments, new photos, more of what you sent already, new utility bills, new cell phone bills, etc. you mentioned age difference but that was the case two years ago too when you became LPR. You know it didn't cause you guys trouble by then, so won't cause trouble now either.

And 7 months is not bad at all, I am at 10.5 months and have no idea what is going on with my case. At least RFE puts you one step closer to be done with them. Finally if you believe in statistics, only 2% of all ROCs gets denied, most being divorce waivers. So just focus on what else you guys could send and you will be approved shortly. Good luck!

[Cheezees 1,514]

Most fake marriage are done by a foreigner who has money or ways to support themself and just want a shortcut into immigrating to the USA.

Really? Cite please.

[Penny Pincher 11]

We have submitted joint tax returns, joint healthcare insurance, joint car insurance, banks accounts, joint bills, photos vacation receipts, I would think they would be enough. The government would never require two us citizen getting married to turn over all their ownership or property and money before marriage to the other person so why should they have when a us citizen is marring foreigner. I married my husband for love not married I am not interested to have access or ownership of things he obtained before me.

Be calm and try to review everything you have submitted again. You entered under 2-year rule conditional residency, so its expected for every couple to obtain all the requirements within those years. I know you have submitted most of the evidences you could, but what can you do? They are still asking for more evidences. Again, submit your:

• 2013, 2014 and 2015 (joint tax receipts with W2's)
• Bank statements (submit from day 1 you open the account until present) if you use online its easier to pull it all
• 401K with both names/address if applicable
• Joint bills, all JOINT evidences that has co-mingling of financial accounts
• Do not send anymore pictures, they are mostly likely NOT interested about that (we never submitted any pictures, but we got approved)
• might as well RE-DO everything.

USCIS are asking about CO-MINGLING of financial accounts/assets. Money is twin sister of TRUST in a relationship. Have your husband make a letter explaining all things about you and him.

Edited March 25, 2016 by Penny Pincher

[Harmonia 211]

You can submit the same records from the day you sent the RFE till now. You said you submitted about a year of bank statements. Submit more. Submit 1 for every 3 months since you opened the account or were put on his account. USCIS asks for records for the duration of the marriage, not just the last year.

Other ideas: do you have a joint gym membership? On the same CVS.com pharmacy account? Are you members of any organizations/activities (museums, season sports tix, etc) together? Start to think creatively.

Edited March 25, 2016 by Harmonia

[KayDeeCee 4,900]

No need to have documentation of each and every type of evidence that will work to show them your marriage is real. You do not have to have children together or own property jointly in order to get your ROC approved. There are people with no joint bank accounts that get approved. You need to send what evidence you personally have.

You said you have traveled together. Did you send documentation of your travels together? Photos from your wedding, travels, with friends and family? Did you send copies of IDs showing same address? Did you send mail addressed to the both of you? Are you listed as a beneficiary on his life insurance? Did he add you to his will? Do you not have any joint credit cards, or are listed as an authorized user on his? They are weak evidence, but since you received an RFE, how about sending affidavits from friends/family attesting to the validity of your marriage/relationship?

Don't just send an explanation letter. They want more evidence, and you need to provide more in order to satisfy the RFE. Start with bank statements from your joint accounts from the time you filed until now, and how about joint 2015 tax return? Add in whatever you can think of to show your marriage is legit.

[Dal&Rose 45]

USCIS has the right to scrutinize your marriage and ask for documentation that it's bona fida when you ask to immigrate, and further extend your stay in the USA. US citizens are not told how to run their marriage, because they already have the right to be in the States.

Based off what you have posted, I can see how the adjudicator would want more evidence. It seems more roommate style and other factors. You mentioned a joint bank account, but only your husband has income. So he transfers some into the joint one. To USCIS that is not trust, that is giving someone an allowance. Do you have any power if something happens to your husband? Are you the beneficiary on anything?

You could think of it this way, USCIS wants to verify the US citizen spouse is willing to open themselves up enough to financial risk. Looking at what you stated leaves that to be desired.

As people suggested, power of attorney, wills etc. I can understand not wanting to spend the money in changing deeds and titles, it does not cost anything to add you to bank accounts.

To play devil's advocate, USCIS may also be thinking this - you were 18 when marrying a man twice your age. Do you have any rights in the marriage, or are you just being used and/or abused? USCIS also looks at that point of view to ensure legal immigrants are not hurt. If a US spouse brings an immigrant spouse, but gives the immigrant spouse limited to no resources to escape, what harm could come to that immigrant spouse because USCIS doesn't do a thorough job?

Good luck in the process. Go through various threads on the forum for more detailed suggestions. There is a wealth of them without anything drastic, more than you could imagine probably.

Edited March 25, 2016 by Dal&Rose

[f&c 50]

winterpark2015, as usual with VJ, you received excellent advice from several members. If the IO is not satisfied with your RFE response, you should have a chance to make your case in an interview. I understand your situation and frustration, but this is the process that must be followed. Married citizens are not seeking the privilege of residency, so there is no need for government scrutiny. Good luck and try to remain patient. Many are in the same predicament.

I had a similar debate with my wife the other night regarding the civics test required for naturalization. She doesn't believe that people should have to answer questions that thousands or even millions of natural born citizens cannot answer. It's the process for a great privilege that many desire and is worth the effort.

I love the patriotism I've witnessed in this thread!

[cdneh 3,112]

I did read your post and responses. I know you do not have any but I also explained USCIS's position. Again, no one can demand kids. However, it is still suspicious to have no major joint purchases/assets. Why? Very simple. Those in a fraudulent marriage can produce just as much evidence as you did. Here is where the scrutiny comes into play. If I am marrying a foreigner only for immigration purposes, I am not likely to put their names on any property I already own. Yes, this can happen with legitimate couples but the fact that it is common with "scam" couples is why this is an issue for you. USCIS would not and should not just take your word for it that your marriage is bona fide. For whatever reason, your application came up short. There is no use arguing what you personally think the standards should be. Work on getting them what they want.

This. ROC is not about proving a relationship. It is in the main about finacial co-mingling, and that is where you have been pulled up short. You need to address the RFE, and get busy getting them what they require. USCIS want what they want, in the order they want it, and there isn't any room for indivual opinion on that.

[Ortolan 381]

OP, think of it this way: You're proving, with paper, that yes you did marry this man planning on being a real wife, and that yes indeed, the relationship is real.

So how do you prove that? A bunch of photos doesn't cut it. But some of the best ways to show evidence are wills, joint bank accounts, joint credit cards, documentation of trips together, (if) you have children together, etc. It's as though you were in a court and you are presenting your evidence.

You may think it silly, and find it unfair that "plain old Americans" don't have to do these things. Too bad. Immigration status is granted as a privilege, it isn't a right.

And in a way, part of this is, I think, also for the protection of the immigrant. Would you want to come to another country and then after 3 years find that you have no financial status? No wills, in case something happened to your husband? No credit cards you could use? No bank assets? What would you do? How would you live?

Edited March 25, 2016 by Ortolan

[andy78 178]

Some marriages are unique, and some married couples don't go out of their way to do things differently just because they have to prove to USCIS that the marriage is bona fide.

For example, in my ROC case, we didn't have any joint bank accounts or joint credit cards, no wills, no power of attorneys, etc. and we weren't going to change that just simply because of the green card process. However, we had a joint car loan, so that helped, plus a variety of other evidence.

In any case, as others suggested, you need a detailed letter explaining your situation and the lack of evidence. If you have no other evidence, I suggest sending affidavits from friends or family who can testify to the bona fide nature of your marriage.

Also, if you feel that you are completely lost, then I suggest getting the advice of an attorney.

By the way, you do not risk losing income or job should your application be denied, since you don't currently work, so your situation will not be hopeless if your application is denied. You will get the oppotunity to appeal. If your application is denied, you should defnitly talk to a lawyer quickly.

[Adil & Jeanne 296]

Depending on the state you live in, most assests are automatically, as well as debt, automatically party to both upon marriage. you can not get out of a spouse's mortgage loan debt by saying he bought it before we married. You can legally sell and pay off the debt.

You are in Florida which is an Equitable Distribution state and awards him his ownings before marriage, however, anything he buys or pays for after marriage is also yours, including any payments now made on a house, car, etc.

I had to add my husband to deed before he came to the US to prove comingling of finances / this is one of the things immigraiton made me do / i was worried they would still deny him and i would be stuck trying to get his name off the deed but i did it to get his visa

[N-o-l-a 7,168]

I don't see why this should be a huge issue for you, you had years to prepare for filling ROC and could have made adequate evidence. For example, I own our house, one of our cars, and have my own personal bank accounts. That didn't prevent me from opening joint bank accounts with my husband in addition and putting him on a car. What's a car worth? You don't think your contribution to your marriage over 2+ years is worth half a car? Just think on that.

[Ed and Gina 45]

True. I couldn't agree with you more. However, there are many, from all over the world, that are trying to get into this country. Including those form the PI, under false pretenses and fake marriages. While I do think that they're requesting more than is necessary...you should provide other viable info that should validate your marriage. My wife and I were called in for an AOS interview. We do not have co-mingled funds. We got an RFE requiring income confirmation and other co-mingled assets. I sent in what I had...but, we don't have co-mingled accounts of ANY kind. A situational and personal choice. So, we went to the interview. After that was done...we left wondering...####### just happened? They don't say yes, no, maybe. Just that...we'll get in touch with you. Well, within a couple of hours, she was notified that she would be receiving her Green Card. Provide what you can. AND...write a letter to explain the situation. During the interview...when the interviewer repeatedly said that we don't have any co-mingled assets - (car is in my name, lease on apartment is in my name - before Gina got here, all utilities are in my name - again, before Gina got here, bank accounts - she has her own and her own credit - I told the interviewer...you know, since more than 20 years ago, many married Americans maintain separate accounts. I advocated that Gina should have her own accounts, her own credit...God Forbid...anything should happen to me - what would happen to her? In your case...if there is some kind of will or revocable trust...since your husband is a bit older than you (that is oftentimes a red flag)...that should help. A revocable trust is fairly easy to set up and is, generally, better than a will. Gina and I are only 10 years apart - 52 and 62. If you and your husband have a considerable age gap...that could very well raise a red flag. There might be other issues...but, once you get to the interview and both of you are sincere and have some stories to tell, you should be good to go. Also...we were asked to show our house keys!!! Yup! Thank goodness Gina brought her keys with her. She doesn't drive and will, sometimes, leave her keys at home. Phew!!! We were thoroughly grilled. I suspect that if we provided "suspect" answers, we would have been separated for individual interviews. The process is grueling. It does seem unfair. When I got the RFE to prove income, I was furious. I'd already proved many years of similar income....well above the norm. They did ask for co-mingled assets/joint accounts/joint credit...etc etc etc. Doesn't exist for us. In the end, it ended up not being a problem. I truly believe that the answers we gave to several questions were entertaining, interesting and proved that we really are a loving couple - husband and wife - forever...as long as we shall live. Just understand that there are a lot of folks out there trying to beat the system. If you're for real...don't sweat it. Just roll with it. This, too, shall pass!!!! Best of Luck!!!

[NikLR 13,232]

Really though, you could have avoided the RFE and interview with co-mingled finances.

But in the end if you dont want to, then you have to be prepared for both an RFE and maybe interview.

[winterpark2015 5]

True. I couldn't agree with you more. However, there are many, from all over the world, that are trying to get into this country. Including those form the PI, under false pretenses and fake marriages. While I do think that they're requesting more than is necessary...you should provide other viable info that should validate your marriage. My wife and I were called in for an AOS interview. We do not have co-mingled funds. We got an RFE requiring income confirmation and other co-mingled assets. I sent in what I had...but, we don't have co-mingled accounts of ANY kind. A situational and personal choice. So, we went to the interview. After that was done...we left wondering...####### just happened? They don't say yes, no, maybe. Just that...we'll get in touch with you. Well, within a couple of hours, she was notified that she would be receiving her Green Card. Provide what you can. AND...write a letter to explain the situation. During the interview...when the interviewer repeatedly said that we don't have any co-mingled assets - (car is in my name, lease on apartment is in my name - before Gina got here, all utilities are in my name - again, before Gina got here, bank accounts - she has her own and her own credit - I told the interviewer...you know, since more than 20 years ago, many married Americans maintain separate accounts. I advocated that Gina should have her own accounts, her own credit...God Forbid...anything should happen to me - what would happen to her? In your case...if there is some kind of will or revocable trust...since your husband is a bit older than you (that is oftentimes a red flag)...that should help. A revocable trust is fairly easy to set up and is, generally, better than a will. Gina and I are only 10 years apart - 52 and 62. If you and your husband have a considerable age gap...that could very well raise a red flag. There might be other issues...but, once you get to the interview and both of you are sincere and have some stories to tell, you should be good to go. Also...we were asked to show our house keys!!! Yup! Thank goodness Gina brought her keys with her. She doesn't drive and will, sometimes, leave her keys at home. Phew!!! We were thoroughly grilled. I suspect that if we provided "suspect" answers, we would have been separated for individual interviews. The process is grueling. It does seem unfair. When I got the RFE to prove income, I was furious. I'd already proved many years of similar income....well above the norm. They did ask for co-mingled assets/joint accounts/joint credit...etc etc etc. Doesn't exist for us. In the end, it ended up not being a problem. I truly believe that the answers we gave to several questions were entertaining, interesting and proved that we really are a loving couple - husband and wife - forever...as long as we shall live. Just understand that there are a lot of folks out there trying to beat the system. If you're for real...don't sweat it. Just roll with it. This, too, shall pass!!!! Best of Luck!!!

Ed and Gina, thank you for taking the time to respond. Your response is about the only helpful one we have read so far. We seem to be in close to an identical situation as you both. Since my husband makes all the money and I have no credit or income as of yet but that is also his plan to help me get my own credit personal finances for the future. I fear we will just have to go through an invasive and frustrating interview. We have no problem doing that because our marriage is real. However my husband being a US Citizen and a private person is unhappy and frustrated with the process.