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Confused because of RFE

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So heres the situation. We got a RFE for my wifes 10 year green card because we do not have enough info showing joint assets. It says for the 2014 taxes she filed separately and they want to know why. Well I had not taxes to file because I did not work at the time. It also says they want her 2014 taxes but she didn't start work until two months after the tax season, so how can we submit what we don't have?

It also says her 2015 tax returns were not complete somehow. What could we have missed? Lastly it says the bank statements do not cover the duration of our marriage, do not show common household expenses (rent, utilities...etc). Well she didn't have a bank account until she got her green card, it was a joint bank account. And rent/utilities are paid from my other bank account which is for my SSI checks only.

So do they need to see my other account records then (even though its not joint)? And then a copy of our joint showing any other "payments" we made for rent and what not? Aside from that it says we could also submit other evidence like spouses driver license, birth certificates of kids, mortgage agreements....so on and so forth. Well we don't have kids, she doesn't drive yet, we have no mortgage agreement. Though we did send a document signed by my parents and us about rent/utilities with how much we pay. Not sure why they didn't accept that. And when I call USCIS it keeps saying our receipt number cannot be accessed at this time.

Now we live at my parents house. We pay rent, food and utilities. I get a SSI check and she does work part time (was working full time before).

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I can't edit my topic for some reason but I meant to add what happens if they still aren't satisfied with the evidence? Does she get deported? Or is there some sort of judge you see? Because that would be SO much easier. We have a wonderful marriage, hopefully a judge would see that.

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Why wouldn't she file as married in 2014 and claim you ? doesn't matter that you didn't work

If tax returns were good enough for IRS and you have IRS transcript, they should be adequate but again, she should have claimed you / your SSI is probably not taxable but there is a place to add it and do the sheet to figure out any taxable amount

bank statements should cover the entire marriage unless no one had an account

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I forgot why she didn't claim me, we had a friend who does taxes that said it would work better if she didn't claim me. Maybe they were wrong. As for bank statements we did include them from when we first opened out joint account (after she got her 2 year green card). If I included my other bank account where I pay rent from would that help? Her names not on it though because SSI said its best to not add her because it keeps the money simple to see. Like my check comes in and right away goes back out to pay rent and stuff like that. This is all so complicated.

I get why they do what they do of course, to stop fake marriages. But it would be so much easier if they did interviews in person and could see we are a legit couple. I just don't want her getting deported if we don't have enough evidence. Or at least I assume thats what happens.

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I forgot why she didn't claim me, we had a friend who does taxes that said it would work better if she didn't claim me. Maybe they were wrong. As for bank statements we did include them from when we first opened out joint account (after she got her 2 year green card). If I included my other bank account where I pay rent from would that help? Her names not on it though because SSI said its best to not add her because it keeps the money simple to see. Like my check comes in and right away goes back out to pay rent and stuff like that. This is all so complicated.

I get why they do what they do of course, to stop fake marriages. But it would be so much easier if they did interviews in person and could see we are a legit couple. I just don't want her getting deported if we don't have enough evidence. Or at least I assume thats what happens.

You must have some stuff though from 2? years of marriage?

Joint taxes (Can read you don't have that guess you need to get that fixed)

Joint leases

Joint bank accounts

Joint credit cards

Joint healthcare, car insurance, house so on

Wills

Power of attorney

kids?

Pretty much anything that shows co-mingling of your stuff


K-1 + K-2:                                                                                                                         AOS from K-1 + K-2:

02/02/16....I-129F mailed to Lewisville, TX                                                                       08/25/16....AOS package mailed to Chicago, IL

02/03/16....Delivered at Lewisville, TX                                                                               08/26/16....Delivered at Chicago, IL

02/08/16....NOA1 Text & E-mail. Case sent to CSC                                                         09/01/16....NOA1 Text & E-mail

02/12/16....NOA1 Hard copy received                                                                               09/09/16....NOA1 Hard copy received

03/24/16....NOA2 (45 days)                                                                                                 09/15/16....Bio-letter received for K-1/K-2 for Sep. 26th

03/29/16....NOA2 Hard copy received                                                                               09/19/16....Bio appointment done (Walk-in)

03/31/16....Medical                                                                                                              11/01/16.....EAD/AP approved

05/26/16....Interview                                                                                                            11/16/16.....EAD/AP card received

06/10/16....Visa in hand                                                                                                       03/09/17.....AOS Approved - No interview

06/21/16....POE Atlanta                                                                                                       03/15/17.....Green cards in hand

07/30/16....Wedding                                                                                                    

                                                                                                                                       12/09/18.....ROC window opens

 

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Joint leases. Nope, not leasing anything.

Joint bank accounts. We have one joint bank account, but they wanted more from when we first married. But obviously I only ahd my account at the time. They didn't let us make a joint one until she get her 2 year GC.

Joint credit cards. We don't have any credit cards.

Joint healthcare, car insurance, house so on. My healthcare is through my county. Hers was through Obamacare. Neither of us drives, though she plans to next year. House is my parents. Bills are in their names too, but we pay them for rent of course.

Wills. No wills.

Power of attorney. No POAs.

kids? No kids yet. We were waiting into we were ready.

Edited by xfreakazoidx

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Write a letter explaining your housing / bills / other bank arrangements.

If worse come to worst, you may get your wish of having a ROC interview where you can explain your situation.


Done with K1, AOS and ROC

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Yeah that may be the case. I didn't think about it but having the letter notarized probably would help alot since your swearing everything you say is the truth.

A notary just makes sure the person signing letter is really that person by checking ID and watching a signature.

In no way, shape, or form does that mean the letter written is truthful not.


Done with K1, AOS and ROC

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You said she filed separately in 2014, then you said she did not file at all in 2014 because she started working after the 2014 tax year. I am confused by that.

What did she file, and what years? A spouse cannot claim their spouse as a dependent on their taxes, but they can file married jointly even if one spouse does not have an income.

And yes, have the parents provide an affidavit about you living with them. You can get it notarized to show the parents are in fact the ones that signed it. Notary just witnesses signing of document, and verifies ID of those signing.


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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So heres the situation. We got a RFE for my wifes 10 year green card because we do not have enough info showing joint assets. It says for the 2014 taxes she filed separately and they want to know why. Well I had not taxes to file because I did not work at the time. It also says they want her 2014 taxes but she didn't start work until two months after the tax season, so how can we submit what we don't have?

It also says her 2015 tax returns were not complete somehow. What could we have missed? Lastly it says the bank statements do not cover the duration of our marriage, do not show common household expenses (rent, utilities...etc). Well she didn't have a bank account until she got her green card, it was a joint bank account. And rent/utilities are paid from my other bank account which is for my SSI checks only.

So do they need to see my other account records then (even though its not joint)? And then a copy of our joint showing any other "payments" we made for rent and what not? Aside from that it says we could also submit other evidence like spouses driver license, birth certificates of kids, mortgage agreements....so on and so forth. Well we don't have kids, she doesn't drive yet, we have no mortgage agreement. Though we did send a document signed by my parents and us about rent/utilities with how much we pay. Not sure why they didn't accept that. And when I call USCIS it keeps saying our receipt number cannot be accessed at this time.

Now we live at my parents house. We pay rent, food and utilities. I get a SSI check and she does work part time (was working full time before).

You (your wife) need to amend your 2014 tax returns (federal and state) changing the status to married filing joint. You may even get some refund (for filing joint).

Send in the amended 2014 tax return as well as tax transcript for 2015 (I am guessing you filed joint in 2015).

Explain in a cover letter why you did not have a joint bank account.

Your wife may not have driving license but does she have a state issued ID (showing your home address). Send a copy of her state ID along with a copy of your driving license showing your home address.

Edited by bkghosh

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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Joint leases. Nope, not leasing anything.

Joint bank accounts. We have one joint bank account, but they wanted more from when we first married. But obviously I only ahd my account at the time. They didn't let us make a joint one until she get her 2 year GC.

Joint credit cards. We don't have any credit cards.

Joint healthcare, car insurance, house so on. My healthcare is through my county. Hers was through Obamacare. Neither of us drives, though she plans to next year. House is my parents. Bills are in their names too, but we pay them for rent of course.

Wills. No wills.

Power of attorney. No POAs.

kids? No kids yet. We were waiting into we were ready.

Sorry but it sounds like a total lack of planning. I had my wife on my healthcare insurance before she even got to the US. We opened a joint bank account 2 days after she got here. I made her the beneficiary of my life insurance, etc, etc, etc...

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I am actually surprised that you're confused. You basically submitted no evidence and act bewildered that you are being asked to do so. Why?


 

 

AOS

03/24/11 - Got married in the Boogie-Down Bronx, NYC!
04/21/11 - Mailed I-130,I-765, I-485, I-864 and I-693 - Day 00

04/23/11 - Application delivered - Day 02
04/28/11 - NOA (most forms) - Day 07
05/03/11 - Checks cashed - Day 12
05/31/11 - Biometrics completed in the Bronx, NYC - Day 40
06/24/11 - Received someone else's employment authorization card!!! What the...? - Day 64
07/01/11 - Mailed the poor lady's card back after calling USCIS - Day 71
07/07/11 - Received poor lady's interview notice! What??? - Day 77
07/15/11 - Received my own EAD card - Day 85
08/12/11 - Interview. Approved on the spot! - Day 113
08/18/11 - Received card in the mail - Day 119

ROC
05/28/13 - Mailed I-751 - Day 00

05/30/13 - Application delivered - Day 02

05/31/13 - NOA I-797 - Day 03
06/04/13 - Check cashed - Day 07

06/06/13 - NOA delivered to my home/Biometrics letter generated - Day 09

06/10/13 - Received Biometrics letter in the mail - Day 13

06/27/13 - Biometrics completed in Milwaukee, WI - Day 30

09/10/13 - Application approved! - Day 105

09/14/13 - 10 year Green Card received! - Day 109

Citizenship

05/10/16 - Mailed N-400 - Day 00

05/12/16 - Application delivered - Day 02

05/13/16 - Credit card payment accepted - Day 03

05/17/16 - Received text & email update - Day 07

05/20/16 - Received 1st NOA (dated 05/13/16) & created ELIS acct - Day 10

05/21/16 - Received 2nd NOA (dated 05/16/16) confirming my DOB and address - Day 11

05/22/06 - Biometrics scheduled (online update) and appt letter was mailed on 05/20/16 - Day 12

05/24/06 - Biometrics letter became viewable online (appt scheduled for 06/07/16) - Day 14

05/27/16 - Received Biometrics letter in mail - Day 17

05/31/16 - Was denied walk-in fingerprints with just 1 person left in line. Milwaukee office, boo! - Day 21

06/07/16 - Biometrics completed in Milwaukee, WI - Day 28

12/21/16 - Passed Citizenship test/Interview was successful! - Day 197

01/26/17 - I am a US citizen!!! - Day 233

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You say you pay rent so do you not have a lease then? Maybe get the owner of the place you are renting to do an affidavit stating that you don't have a rental agreement and why?


K-1 Met:2002 Dating :2003 I-129F Sent : 2013-06-01 I-129F NOA2 : 2013-08-20 Medical: 2013-12-20 Interview Date : 2014-01-22 POE: 2014-02-19 Wedding: 2014-03-18

AOS/EAD Date Filed : 2014-04-04 BioAppt: 2014-05-13 EAD in Production: 2014-07-08 Interview date: 2014-07-14 Green Card received: 2014-07-19

ROC Date Filed: 2016-04-26 Cheque Cashed: 2016-05-10 NOA1: 2016-04-28 Biometrics: 2016-06-30 Approved: 11-08-2016 Green Card Received: 11-18-2016

 

Citizenship Date Filed: 2017-04-18 Cheque Cashed: 2017-04-24- NOA1:2017-04-21  Biometrics: 2017-05-19 Inline: 2017-07-12 Interview Date: 2018-02-13 Oath: 2018-03-15

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