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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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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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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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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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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 JOINT ROC Package: Sep 2016

Divorce: Sep 2017

Request to change to waiver: Sep 2017

Approved, Feb 2018 - No interview or RFE

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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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Hi Ianovia, other members already provided you solid advice but since you wanted my input...here goes. Reading your first post, I feel that you are focusing on "what" other evidence you can send, when the quality you sent initially is already good. What you sent isn't the problem, it's how long. The quantity is lacking. You should send evidence that covers the entire period from the time you got married to the time of filing (now it will be to the time of replying to your RFE). Please read my comments below in blue.

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). Send 2013/2014/2015 tax transcripts not returns
-Copies of the newest 6 month statements of 2015 that we received for our joint checking & saving accounts at Bank of America. Send every bank statement from the time you opened accounts to the last statement available at the time of replying to your RFE
-Copy of the title of our car, showing joint ownership. Good
-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) Add the renewal policies ( our insurance sends renewals every 6 months) that shows all your names, again from the first time when all your names were together to the latest renewal
-Copy of our health insurance cards. Add monthly premium invoices showing both of your/ or either of your names to show this health insurance is still active
-Copy of my company 401K saving plan showing my wife is the beneficiary. Good
-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) Good but add monthly statements from the time the T-Mobile account was opened to the latest statement you have
-Copy of our Costco Club cards and also statement showing joint account. Good, add latest statement
-Copy of AAA membership cards and bill showing joint account. Good. I don't know how AAA works. If they send you monthly or recurring statements, add those.
-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) Good. If possible, have the landlord send an updated statement or affidavit saying you and spouse are still living together in this address
-Affidavits of Marriage from two friends. OK
-Pictures of us and the kids. Good but do your pictures cover the entire period of time from marriage to the time you filed? If not, add more pictures with notes saying where you are, who you are with, date picture was taken etc.
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? Those would be very helpful, send random statements including latest statement to show credit card accounts are active
-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? Yes, you can send the refi denial letter to show USCIS that you both tried. Denial isn't your fault.
-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. You can add extra affidavits if you want but affidavits are secondary in nature so just adding the quantity for all the above evidence should suffice. If you want the landlord can make his statement into an affidavit.
That's my store. I really need your help and advice on this please !!!
Edited by Happy Chic

 

 



07/09/2008: F-1 Interview - Successful
05/01/2013: (L) Married (L)

AOS from F-1:
07/09/2013: AOS package (I-130/I-485/I-756/I-131) fedexed
09/25/2013: AOS Interview with my husband at Milwaukee, WI
03/03/2014: AOS Approved

I-751 Removal of Conditions:

11/13/2015: Received reminder notice dated 11/08 from USCIS to apply for ROC
Day 00 - 12/04/2015: Mailed I-751 package to CSC via USPS Priority Mail
Day 03 - 12/07/2015: I-751 package delivered
Day 05 - 12/09/2015: Check cashed
Day 07 - 12/11/2015: NOA1 received dated 12/07/15
Day 22 - 12/26/2015: Biometric appointment notice received dated 12/19/15
Day 35 - 01/08/2016: Biometric appointment

Day 235 - 07/26/2016: Approved (E-notification of Card Production)

Day 238 - 07/29/2016: Status changed to 'Card Was Mailed to Me'

Day 241 - 08/01/2016: CSC returned original docs that were submitted at the time of application.

Day 241 - 08/01/2016: New status update 'Card was picked up by the United States Postal Service' Priority Mail 2-Day with tracking number provided.

Day 243 - 08/03/2016: Received 10 year Green Card

Day 255 - 08/15/2016: Received NOA2 with approval dated 07/26/2016

Click here for a sample of my cover letter, list of evidence, package assembly & shipping box

Click here for a sample of my I-751 notarized affidavit from a friend

 

 

N-400 Naturalization:

12/03/2016: Eligible

Day 00: 12/12/2016 Mailed N-400 to Phoenix, AZ lockbox via USPS Priority Express

Day 01: 12/13/2016 N-400 application delivered

Day 03: 12/15/2016 Credit card charged

Day 07: 12/19/2016 Text & e-mail notification received with a NBC receipt #

Day 11: 12/23/2016 NOA received via mail with priority date 12/13/16

Day 16: 12/28/2016 Received E-mail notification reg. biometrics scheduling

Day 19: 12/31/2016 Received Biometric notice via mail with notice date 12/24/2016

Day 32: 01/13/2017 Biometric appointment

Day 53: 02/03/2017 Received e-mail notification stating I am "in line" for interview scheduling

Day 144: 05/05/2017 Filed an e-request that interview notice was not yet mailed to me

Day 148: 05/09/2017 Received e-mail notification that interview has been scheduled after being in line for 95 days

Day 151: 05/12/2017 Received N-400 Interview notice via USPS

Day 183: 06/13/2017 N-400 Interview at USCIS Milwaukee, WI field office (Approved!) ***To read about my interview experience, click here***

Day 192: 06/22/2017 Received e-mail notification stating I am placed in line for oath ceremony

Day 206: 07/06/2017 Received e-mail notification stating oath ceremony notice was mailed

Day 210: 07/10/2017 Received oath ceremony notice (N-445) via USPS

Day 227: 07/27/2017 Oath Ceremony at Milwaukee, WI!

Dual citizen (France & U.S.A) / OCI card holder

 

Day 00: 07/27/2017 U.S. passport application at Milwaukee, WI (routine processing)

Day 05: 08/01/2017 Passport application locator number provided

Day 06: 08/02/2017 Checks cashed

Day 12: 08/08/2017 Received 2 e-mails stating that passport processing is over and it has been mailed with tracking # provided

Day 15: 08/11/2017 Received passport book via Priority Mail

Day 18: 08/14/2017 Received passport card via First Class Mail

Day 22: 08/18/2017 Received naturalization certificate back via Priority Mail / Updated citizenship status with SSA
 

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