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lanovia

Need help on RFE (Jan 2016 Filler)

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Hi everyone,

I have just received a RFE :

"You have not established that the marriage upon which you were granted conditional status was entered into in good faith. You provided some evidence of marital bona fides. However, the documentation submitted is insufficient because there is minimum commingling of financial assets or responsibility for joint liabilities, the evidence submitted does not cover entire marriage period, and there is insufficient evidence to establish bonda fides marriage.... "

and here is what I sent along with i751:

-Copy of our joint US tax return for the year 2013 and 2014 (I did not receive enough info to file the tax for the year 2015 when I sent i751).
-Copies of the newest 6 month statements of 2015 that we received for our joint checking & saving accounts at Bank of America.
-Copy of the title of our car, showing joint ownership.
-Copy of the auto insurance joint policy for me, my wife and her family (her dad is the owner of this policy and they added me so it show her dad address)
-Copy of our health insurance cards.
-Copy of my company 401K saving plan showing my wife is the beneficiary.
-Copy of T-mobile phone bill of me, my wifeand her family (my plan is a non-contract family plan so I am the only main account holder, I added her and the whole family into this plan)
-Copy of our Costco Club cards and also statement showing joint account.
-Copy of AAA membership cards and bill showing joint account.
-Statement of my landlord (actually a very close friend of my dad) showing us living with them >>> I do not have any lease / rental agreement because I do not have to pay for rent over here and only help out with the internet bills every months (I did the same thing when going to 2year interview and explained this to the IO)
-Affidavits of Marriage from two friends.
-Pictures of us and the kids.
Here is something that I did not send:
-I got 2 personal credit cards and only added my wife as an authorized users since she has some troubles with her credit (we even had problem when creating a joint checking account). >>> I am not sure if the statements of these credit cards (along with pictures of the card of course) will count anything?
-Last year I bought a car under my name only (same reason for her credit problem) and we just recently tried to re-finance it (last month) and was not approved >>> copy of the application helps anything?
-2015 Tax transcript (with W2)
-Bank statements of the previous 18 months + this year up to date (along with reference letter from the bank).
-Costco renewal notice (recently).
-2 extra Affidavits of Marriage.
That's my store. I really need your help and advice on this please !!!
Edited by lanovia

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Filed: IR-1/CR-1 Visa Country: India
Timeline

Hi everyone,

I have just received a RFE :

"You have not established that the marriage upon which you were granted conditional status was entered into in good faith. You provided some evidence of marital bona fides. However, the documentation submitted is insufficient because there is minimum commingling of financial assets or responsibility for joint liabilities, the evidence submitted does not cover entire marriage period, and there is insufficient evidence to establish bonda fides marriage.... "

and here is what I sent along with i751:

-Copy of our joint US tax return for the year 2013 and 2014 (I did not receive enough info to file the tax for the year 2015 when I sent i751). It is a better idea to send them Tax Transcripts. You should send 2013, 2014, and now 2015 transcripts.
-Copies of the newest 6 month statements of 2015 that we received for our joint checking & saving accounts at Bank of America. Include all pages of all the statements from the beginning of your joint account.
-Copy of the title of our car, showing joint ownership.
-Copy of the auto insurance joint policy for me, my wife and her family (her dad is the owner of this policy and they added me so it show her dad address)
-Copy of our health insurance cards.
-Copy of my company 401K saving plan showing my wife is the beneficiary.
-Copy of T-mobile phone bill of me, my wifeand her family (my plan is a non-contract family plan so I am the only main account holder, I added her and the whole family into this plan)
-Copy of our Costco Club cards and also statement showing joint account.Include all pages of all the statements from the beginning of your joint account.
-Copy of AAA membership cards and bill showing joint account.
-Statement of my landlord (actually a very close friend of my dad) showing us living with them >>> I do not have any lease / rental agreement because I do not have to pay for rent over here and only help out with the internet bills every months (I did the same thing when going to 2year interview and explained this to the IO)
-Affidavits of Marriage from two friends.
-Pictures of us and the kids. Birth certificates showing both your names.
Here is something that I did not send:
-I got 2 personal credit cards and only added my wife as an authorized users since she has some troubles with her credit (we even had problem when creating a joint checking account). >>> I am not sure if the statements of these credit cards (along with pictures of the card of course) will count anything?
-Last year I bought a car under my name only (same reason for her credit problem) and we just recently tried to re-finance it (last month) and was not approved >>> copy of the application helps anything?
-2015 Tax transcript (with W2) If you send Tax Transcript then no need to include W2.
-Bank statements of the previous 18 months + this year up to date (along with reference letter from the bank).
-Costco renewal notice (recently).
-2 extra Affidavits of Marriage.This is probably not necessary. You have already sent two affidavits.
That's my store. I really need your help and advice on this please !!!

IR-1/CR-1 Visa
Service Center : National Benefits Center; Consulate : Mumbai, India; Marriage (if applicable): 2013-07-05
USCIS
I-130 Sent : 2013-07-20; I-130 NOA1 : 2013-07-26; I-130 Transferred to CSC: 2014-01-13; I-130 Approved: 2014-01-22
NVC
NVC Received: 2014-02-03; AOS Bill Shows PAID: 2014-03-19
NVC Case # and IIN Assigned: 2014-03-11; AOS Package Delivered: 2014-03-21;
Submitted/Completed DS-261 online: 2014-03-12; AOS Package Touched: 2014-03-25;
Receive & Pay AOS Bill : 2014-03-13; AOS Package Approved: 2014-04-08
AOS Package Mailed (USPS Priority): 2014-03-18;
IV Bill:
Receive & Pay IV Bill: 2014-03-24; False Checklist for Civil Documents: 2014-04-07
IV Bill Shows PAID: 2014-03-26; Case Completed at NVC: 2014-04-16;
IV Package Mailed (USPS Priority): 2014-03-26; Case Complete Email Received: 2014-04-23
IV Package Received by NVC: 2014-03-31; Interview scheduled: 2014-05-01;
IV Package Touched: 2014-04-03 (still in review); IL Email Received: 2014-05-01
DS-260 Available/Completed/Submitted: 2014-03-27
Consulate: Mumbai
Fingerprinting & Photo: 2014-05-09 Medicals: 2014-05-19
Interview: 2014-06-04 Visa Approved CEAC Website Status "Issued": 2014-06-05
USCIS ELIS Fee Paid: 2014-06-08 Passport w/Visa Received: 2014-06-09
POE (LAX): 2014-07-20 SS# Received: 2014-07-28
Actual GC received 2014-08-30
CA ID Received: 2014-09-02.
First job in USA (yeeeh!!!) starting: 2014-09-22
Taking driving lessons....!!!!

ROC
Application Sent: 2016-04-26
NOA1:2016-04-28
Biometrics: 2016-06-02 (early walk-in on May 31st)

ROC Approval Email and Online Status Change - 2016-11-07
Google Doc for April 2016 filers: https://docs.google.com/spreadsheets/d/12Mb-ALcbwQbYafLj4vFaEMjSGD-wfjtrycs3ul8QlUo/edit?pref=2&pli=1#gid=0

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Thank you for you guys quick response. I did send birth certificates of the kids but since they are not from our marriage so I just included an explanation on the cover letter.

It is a better idea to send them Tax Transcripts. You should send 2013, 2014, and now 2015 transcripts.

>>> I already ordered 2015 tax transcript, should I order the 2013 and 2014 ones? (they say do not re-send what I sent since that will cause the delay)

Question: Should I send pictures and statements of our credit cards while my wife is an authorized user?

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Filed: AOS (pnd) Country: Jamaica
Timeline

Please update us on the status of this going forward

lanovia

Married 6-12-14

Filed I-765 - I-485 - I-130

I-765

7-14-14 - Filed

07-22-14 - Cheque Cashed

8-4-14 - Change of Address

10-24-14 - Approved

10-23-14 - Receive EAD

I-485

7-14-14 - Filed

07-22-14 - Cheque Cashed

08-05-14 - Biometrics

08-14-14 - Biometric Completed

08-14-14 - RFE

08-17-14 - Responded

09-12-14 - Another RFE

09-17-14 - Responded

10-30-14 - Interview Schedule

12-2-14 - Interview Date (Reschedule because I was admitted in the Hospital)

12-6-14 - Receive letter that it has been reschedule

4-2-15 - Approved

4-29-15 - We May 29, 2015, we mailed your new card

I-130

7-14-14 - Filed

08-27-14 - Got Approval

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Please update us on the status of this going forward

lanovia

I'm still looking for some more advice and preparing the paperwork now.

Edited by lanovia

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Filed: Lift. Cond. (apr) Country: China
Timeline

If the couple have disparate credit scores, it's a very legit reason for not having "shared assets & liabilities" - loans may not be approved or even if approved the rates are less favorable. Therefore the couple don't have assets financed by these loans.

I suggest

1) Include in a second affidavit the poor credit (what caused it, less important) and the joint financial decision based on poor credit (more important)

2) Supply docs showing poor credit (credit report, denial decision)

3) Send papers that shows ownership/financing of only one person but explain in affidavit or side note it's for two people's use

I got a lack of joint assets & liability RFE and did the above for RFE response. In retrospect I could have saved myself a RFE but I was somehow embarrassed (it's not USCIS business to judge. Its just our problem to fix :)

Edited by chicha

------------------------------------------------------------

2003-08-21: first visit to US on F-1

2009-09-17: first met ex-spouse

2013-05-14: re-entered US on K-1

2013-05-20: married to ex-spouse

2013-12-27: received conditional green card

2014-04-01: separated from ex-spouse

2014-10-01: divorced from ex-spouse

2015-06-25: sent I-751

2016-04-11: received RFE

2016-06-08: sent RFE reply

2016-09-20: new card ordered

2016-09-23: new card mailed

2016-09-28: new card picked up by USPS

2016-09-30: new card delivered

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Hi everyone,

I have just received a RFE :

"You have not established that the marriage upon which you were granted conditional status was entered into in good faith. You provided some evidence of marital bona fides. However, the documentation submitted is insufficient because there is minimum commingling of financial assets or responsibility for joint liabilities, the evidence submitted does not cover entire marriage period, and there is insufficient evidence to establish bonda fides marriage.... "

and here is what I sent along with i751:

-Copy of our joint US tax return for the year 2013 and 2014 (I did not receive enough info to file the tax for the year 2015 when I sent i751).
-Copies of the newest 6 month statements of 2015 that we received for our joint checking & saving accounts at Bank of America.
-Copy of the title of our car, showing joint ownership.
-Copy of the auto insurance joint policy for me, my wife and her family (her dad is the owner of this policy and they added me so it show her dad address)
-Copy of our health insurance cards.
-Copy of my company 401K saving plan showing my wife is the beneficiary.
-Copy of T-mobile phone bill of me, my wifeand her family (my plan is a non-contract family plan so I am the only main account holder, I added her and the whole family into this plan)
-Copy of our Costco Club cards and also statement showing joint account.
-Copy of AAA membership cards and bill showing joint account.
-Statement of my landlord (actually a very close friend of my dad) showing us living with them >>> I do not have any lease / rental agreement because I do not have to pay for rent over here and only help out with the internet bills every months (I did the same thing when going to 2year interview and explained this to the IO)
-Affidavits of Marriage from two friends.
-Pictures of us and the kids.
Here is something that I did not send:
-I got 2 personal credit cards and only added my wife as an authorized users since she has some troubles with her credit (we even had problem when creating a joint checking account). >>> I am not sure if the statements of these credit cards (along with pictures of the card of course) will count anything?
-Last year I bought a car under my name only (same reason for her credit problem) and we just recently tried to re-finance it (last month) and was not approved >>> copy of the application helps anything?
-2015 Tax transcript (with W2)
-Bank statements of the previous 18 months + this year up to date (along with reference letter from the bank).
-Costco renewal notice (recently).
-2 extra Affidavits of Marriage.
That's my store. I really need your help and advice on this please !!!

does she pay any bills in the house, if so, send proof she pays the bills at home

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If the couple have disparate credit scores, it's a very legit reason for not having "shared assets & liabilities" - loans may not be approved or even if approved the rates are less favorable. Therefore the couple don't have assets financed by these loans.

I suggest

1) Include in a second affidavit the poor credit (what caused it, less important) and the joint financial decision based on poor credit (more important)

2) Supply docs showing poor credit (credit report, denial decision)

3) Send papers that shows ownership/financing of only one person but explain in affidavit or side note it's for two people's use

I got a lack of joint assets & liability RFE and did the above for RFE response. In retrospect I could have saved myself a RFE but I was somehow embarrassed (it's not USCIS business to judge. Its just our problem to fix :)

Hi Chicha, thank you for your extremely useful tips. I'm working on that idea now. By the way, there is a question that I have not received the answer yet from everyone: Do I need to send credit card statements while my wife is just an authorized user?

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does she pay any bills in the house, if so, send proof she pays the bills at home

She does pay the phone bills and also does most of the shopping online (Macys, amazon ......) Do you think I should send those receipts? By the way she sometimes uses the debit card that we got the jointly account and sometimes use the credit card where she is an authorized user.

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Filed: Lift. Cond. (apr) Country: China
Timeline

Instead of sending receipts I strongly suggest sending statements spanning marriage and explain in affidavit that you both use those accounts and generally for what. I did that for my rfe. Uscis wants to see these accounts continuously accessed by two.

Instead of sending receipts I strongly suggest sending statements spanning marriage and explain in affidavit that you both use those accounts and generally for what. I did that for my rfe. Uscis wants to see these accounts continuously accessed by two.


------------------------------------------------------------

2003-08-21: first visit to US on F-1

2009-09-17: first met ex-spouse

2013-05-14: re-entered US on K-1

2013-05-20: married to ex-spouse

2013-12-27: received conditional green card

2014-04-01: separated from ex-spouse

2014-10-01: divorced from ex-spouse

2015-06-25: sent I-751

2016-04-11: received RFE

2016-06-08: sent RFE reply

2016-09-20: new card ordered

2016-09-23: new card mailed

2016-09-28: new card picked up by USPS

2016-09-30: new card delivered

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Instead of sending receipts I strongly suggest sending statements spanning marriage and explain in affidavit that you both use those accounts and generally for what. I did that for my rfe. Uscis wants to see these accounts continuously accessed by two.

Instead of sending receipts I strongly suggest sending statements spanning marriage and explain in affidavit that you both use those accounts and generally for what. I did that for my rfe. Uscis wants to see these accounts continuously accessed by two.

Thank you for your advice again. I have read on this forum about getting something like Power of Attorney. Do you (guys) happen to know where can I go get it?

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Hi Chicha, thank you for your extremely useful tips. I'm working on that idea now. By the way, there is a question that I have not received the answer yet from everyone: Do I need to send credit card statements while my wife is just an authorized user?

Hi,

I did send statements where my husband is an authorized user on my credit cards, it doesn't hurt to add these to your explanation. I also contacted the banks since the statements do not show my husband's name at all. The banks sent me letters (or emails) stating that my husband has been my authorized user since I opened the account with them. I included the letters, and a copy of the cards showing same card numbers and our names on the cards.

I also printed the online page where it says information about my account and my authorized users for my Discover card.

for the Power of Attorney you can use templates on the internet, same for living wills, fill them up, print them and then sign them in with a notary public.

Edited by Mayde

AOS:

Sent AOS Package: Feb 2014

Received Green Card: September 2014

ROC:

Sent ROC Package: Sep 2016

Approved: Feb 2018 

N400:

Filed: 7/9/19 online

Bios: 7/29/19

Interview: 12/10/19

Oath: 01/07/2020

 

July 2019  N400 spread sheet: https://docs.google.com/spreadsheets/d/19rv0w-Ls_-225a0AqzhsTObXb2DcT07oACpdIHhn9dE/edit

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Filed: Lift. Cond. (apr) Country: China
Timeline

OP, you might want to check out the last pages of the I-751 Oct 2015 filer thread cuz there are some discussions about RFE over there, if you have not yet.


------------------------------------------------------------

2003-08-21: first visit to US on F-1

2009-09-17: first met ex-spouse

2013-05-14: re-entered US on K-1

2013-05-20: married to ex-spouse

2013-12-27: received conditional green card

2014-04-01: separated from ex-spouse

2014-10-01: divorced from ex-spouse

2015-06-25: sent I-751

2016-04-11: received RFE

2016-06-08: sent RFE reply

2016-09-20: new card ordered

2016-09-23: new card mailed

2016-09-28: new card picked up by USPS

2016-09-30: new card delivered

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Thank you guys for your replies and advices. I'm sorry that I've bee busy last week. Here is what I am going to send:

1. Tax transcripts 2013 2014 2015

2. All statements of joint checking and saving accounts (until 2016 Sep) + reference letter of the bank.

3. All statements of 2 different credit cards with copy of all cards of us.

4. Copy of all Renewal policies / Declaration statements of auto insurance + receipts that I ve been paying each month by e-Check from our joint checking account.

5. Health insurance: We don't really go to the doctors. My company's health insurance will be open for enrollment for 2017 next 1-2 weeks. I will send copy of paperwork after the enrollments.

6. Copies of details of purchases of Costco from 2013 to 2016 of me and my wife (it really shows 2 different card # on the statements) + the renewal bill for next year that show my wife is in the same account.

7. Phone bills: I dont really know what to do with this... Only my name as a main account holder on it, then name and phone numbers of the whole family (7 lines).

8. Denial letter of when we did the re-fi for my car stating the reason is my wife credit is not really good + credit reports of us <<< should I send the paperwork of my car? (salesman suggested not to do a joint if one of us does not have a good credit so we would have a smaller chance to get a loan)

9. Miscellaneous: Register to vote paperworks (for her), Recall for our other car (that we are both the owners) from the dealership, some paperworks from the gov. ... showing her name with the same address

10. PoA, Wills: is it worth doing it now? because the notary will show the date is not before I filled i751....

Please advise......

Edited by lanovia

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