Notice of intent to deny... what?!

[Usagi_tsukino 89]

Lots of text! This is the exact words of the notice. I split it by paragraphs just like in the notice and respond to each paragraph.

• Text of the notice is black
• Comments for you are green
• My answers are blue
   

Please let me know what you think! What is still not convincing enough? What still seems suspicious to you? Thank you all very very much!!!! 

 

(the words i use are not official, we have a lawyer to do that lol)

__________________________________________
There were no attendants on your wedding.

This is the wedding both of us wanted. We do not like big weddings and lots of attention.

 

You claim that your marital residence since Feb 2013 is ***. While most of the documents list this address with both of your names, this in itself is not sufficient to demonstrate that you are living together as husband and wife. (did you guys know that? most of the documents list this address with both of your names is not enough ) For example, in your particular case, you married in April 2014, but you did not submit any joint bank account documents for before 2015, nor was any explanation provided even though you were asked to provide such evidence from the inception for the marriage. (were not asked for any explanation though) Additionally, you submitted lease extensions for 2014 and 2015, but omitted 2013, the year you claim to have started living together.

 

1. As of why we got a joint account in January 2015 not the next day we got marred. Lucy's passport was expired. For foreign nationals a valid passport is needed to make modifications to the bank account. We were asked for it at Chase located at ***. Because of that, and in order to file for AOS, Lucy applied for the new passport in may 2014. She received her passport late September 2014. Why we didn't do it in the next three months? Because it wasn't an emergency, everything was working just fine for us with two checking accounts. Besides, those months are the busiest at work, we did not have time for that. In January 2015 when we had a free day and the new passport we went to the bank and put our accounts together.

2. In i-325, Ricky was asked about his residence for the past 5 years. From Feb 2013 to Aug 2013 he physically lived at ***. That was the only correct answer. We could not put any other address, because he lived at ***, even though he was not on the lease. Sometimes people do not have a lease. We added him to the lease when it was the time to renew it, because it was easier this way. See 4 attached affidavits from relatives and close friends who state when we started living together and Lucy's original lease.

 

Additionally, at the time of your initial interview you submitted the first page of a Chase checking account statement for January 2015 addressed to both of you. USCIS notes that it is quite easy to add someone's name as an addressee, but it does not mean, however, that the added person is a joint holder with full access and use to the funds in the account (Did you guys know this too?! How do we prove that we both have full access to the account? May be we will go to the bank and ask.) As a result, a request for evidence was sent for additional information regarding your marital finances including bank statement and credit card information since the inception of your marriage. In response you submitted all pages of your bank statement for your Chase checking accounts well as statements for online savings account with Barclay. The statements you submitted for this savings account are only as of January 2016, but the review of your chase checking checking statements indicates you have been withdrawing from and depositing into this account since at least September 2015 and without explanation. Your chase checking account statements also reveal activity with another checking and savings account, ending in **** and **** respectively that were never mentioned at the time of you follow-up interview. (so we thought the 2^nd one was mom's. But it was out another savings account and we DID mention it and sent statements!!! and why they don't care about mom's account then?)

 

1. We did submit all statements for Barclay. But here you go again.

2. First account is Lucy's old account, that is closed, the activity was related to the times when Ricky was transferring money to Lucy, mostly for rent, during the time we had separate bank accounts but already lived together and paid rent from Lucy's account because she is the only one who had check books. As you may notice, the activity stopped in January 2015, the day Lucy's old account was closed and we both began using Ricky's account. Second account is our Chase savings account, that WAS mentioned at the interview and we have a signed paper with our answer mentioning this account as a proof.

    

The Chase checking statement submitted are insufficient to demonstrate commingling financial resources because you have been married since 2014 and they only go as far back as 2015. And for an account you are presenting as the account from which you manage you marital finances, there is no indication that this account is used to pay your rent (LIES), utilities, groceries, cell phone, and/or internet service.

 

1. We DO pay rent from this checking account. We highlighted every transaction for you and send you a million papers again. We used to send checks, but few months ago our new management company gave us an option to pay online, and we attach payment confirmation emails.

2. We use credit cards to pay utilities, groceries, cell phone, and/or internet service. After that, we use this checking account to pay off our credit cards. We like using credit cards because it gives us travel miles, hotel and other points, the benefits we would not be getting if we were using  checking account directly.  This is the only checking account we both have and it does demonstrate commingling financial resources. We are fully committed to this checking account because without it we would not be able to pay our credit cards. Also we both deposit all our money to this account and this way we keep all our finances together. We are attaching copies of all our credit cards so you could see that the last four digits match with the transactions you can find in our checking statements “payment to the card 1234)”. (what should we do here? Should we explain credit cards more? Mention that some are joint and some are not? Submit statements?)

 

The noted employment direct deposit are from your employer and not your spouse when at the time of your follow up interview she indicated she normally is paid by direct deposit and you are paid by cash (ok.... this is the bottom line, im dying). The chase checking statements reveal that one person uses the account several times on daily basis. The card holder ending in **** uses the account to pay Netflix and a few transactions a month, but the card holder ending in **** is clearly the main, everyday user of the account. In sum, while Barclay and Chase accounts are addressed to both of you, a close review of the monthly transactions tell a different story.

 

1. Ricky quit his job at Tropicana in summer 2016. Before that he was the one getting direct deposit, but not anymore. Which is why you can see direct deposits from Ricky's job until august 2016. Lucy got her job at the Chocolate factory in February 2016. She was not getting direct deposits before that, she got her first one in March 2016. Which is why at the time of the the filing, ricky was getting a direct deposit and Lucy was not, however at the time of the follow up interview, Lucy was the one getting direct deposits and Ricky was not. Basically, we switched. The new jobs were mentioned at the follow-up interview.

2. Ricky got his first credit card later than Lucy (Lucy is the brains), which is why before that he was using checking account more often. This was the only account he was using. However, all of Lucy's purchases were paid from this same checking account (except for Netflix that was paid directly from checking). You can see it on the statements (“payment to the card 1234”). Also, as you can see now, Ricky almost never uses this checking account directly either because he uses his credit card for groceries and bills, and then pays them off using the checking account.

    

The supporting documents submitted with your 2014 and 2015 transcripts of tax returns as requested after your initial interview since unsigned tax returns had been submitted (huh? whatever....), reveals different addresses on each of your W2 from your claimed marital residence. The beneficiary's 2014 and 2015 W2s indicate the beneficiary resided at ***. Your 2014 and 2015 W2s indicate you reside at ***. Additionally, your and the beneficiary's earnings statements each indicate your marital status as “single”.

 

1. We simply didn't think of changing it. Ricky started working at Tropicana at 2005, and Lucy at 2010. Since then Ricky moved twice and Lucy moved three times until we both ended up living at our current place. The addresses at W2s stayed the same as at the time of hiring during this whole time, same as the marital status. W2s were never mailed to us, but instead were given to us in person each year. 

 

Moreover, you both claimed to have started dating as early as 2011, and submitted photos attesting to that claim. These photos do show you on trips and various outings together; however, none of the photos show you celebrating any holidays – Christmas, Valentine's day, Halloween or thanksgiving or even birthdays together, not even one (LIES) during one of those five years. And that you would submit the same pictures to your initial interview that you had submitted at the time of the filing, instead of submitting additional/alternative photos since the time of your filing, raises questions as well.

 

1. Ricky works every Valentine's day, Halloween, sometimes Christmas and Thanksgiving. Lucy used to work those holidays too. Those few Thanksgivings and most of Chistmas eve's we celebrated we did not think of taking photos. Thanksgiving of 2016 we went out to a dinner, just the two of us, and this dinner was not different than any other and we do not take photos at every dinner we go to. Thanksgiving of 2015 we spent with Ricky's sister and her roommate. Did not think of taking pictures either, but the attached transcript of text messages between Lucy and Ricky's sister from that day clearly shows that Ricky's sister is coming. We also spent a few thanksgivings with Ricky's dad, and he stated this in his affidavit. We happened to take a few photos last Christmas, and they are attached.

2. Our interview was in 5 months after we submitted the application. We did not have many new photos, but we did have some. As you indicated on page 2 of the Notice, we submitted 32 photos, 17 of which were duplicated, which means we submitted 15 new ones. Please also see all the photos we were able to find since our initial interview of august 2015 attached to this letter.

3. We have submitted photos of EVERY Lucy's birthday since 2011 showing both of us celebrating with our friends. However, we are submitting them again with this letter.

4. Ricky is not a fan of his birthdays. However, here are photos of Ricky's birthday 2016 (or of what we did that day because we didn't celebrate), 2015 (Ricky, Lucy, Ricky's dad and Ricky's sister), 2014 (we were in a trip in a national park that day) and a facebook picture from Lucy's account showing photo of Ricky with his birthday cake in our apartment on his birthday of 2013.

[controlla 104]

Extra scrutiny!!! A lot of people have more questionable circumstances and get approved. You must have stepped on some sensitive toes in that uscis office. Make your lawyer work HARD for that money.

[Ebunoluwa 6,136]

That is the most nitpicking letter from USCIS I have ever seen. Totally bizarre. Must be a newbie IO or an old bored one

who wants some 007 action.

I would take out the "here you go again" and the "we send a million papers" as to not tick them off even more.

I don't see how in the world they would not approve with all that. Run it by your lawyer too before you send it

and correct some typos.

[Hope&Love 38]

Majority of couples do not have variety of documents like you do and they still got approved. I wondered what really is going on? One reason I can think of is to you brought attorney/lawyer to the interview and your husband had sponsored for someone else before (it raises red flag to uscis), Im trying to give you benefit of the doubt. I hope things will work out at the end. 

Edited March 2, 2017 by Hope&Love

[Usagi_tsukino 89]

1 hour ago, Ebunoluwa said:

That is the most nitpicking letter from USCIS I have ever seen. Totally bizarre. Must be a newbie IO or an old bored one

who wants some 007 action.

I would take out the "here you go again" and the "we send a million papers" as to not tick them off even more.

I don't see how in the world they would not approve with all that. Run it by your lawyer too before you send it

and correct some typos.

Yeah, sure. The lawyer will translate it into normal people language I'm sure : )

Thanks! I'm glad to know that you think it's fine.

[Usagi_tsukino 89]

15 minutes ago, Hope&Love said:

Majority of couples do not have variety of documents like you do and they still got approved. I wondered what really is going on? One reason I can think of is to you brought attorney/lawyer to the interview and your husband had sponsored for someone else before (it raises red flag to uscis), Im trying to give you benefit of the doubt. I hope things will work out at the end. 

About the lawyer, may be, but we filed without the lawyer originally, but then we got a weird RFE before the initial interview (it's not in my signature because I didn't think it matters anymore, it was saying that my husband doesn't qualify to be my sponsor when he does, but I think I'll add it in a bit), so we didn't know what to do and got a lawyer.

Thanks!

[sparkles_ 456]

I fail to see why someone bringing their lawyer to the interview would cause this, even remotely.

[freshgreengrass 12]

4 hours ago, sparkles_ said:

I fail to see why someone bringing their lawyer to the interview would cause this, even remotely.

Agreed, I've read stories on this forum from people saying they were the only couple in the waiting room WITHOUT a lawyer.

 

I really wish the best for you, banana_princess. Just know that a lot of us on this site are routing for you.

[Usagi_tsukino 89]

Thanks @freshgreengrass, I appreciate your support!

The interesting part is that we obviously cannot go back in time and join the account 3 months earlier and take more photos, so if they deny what to do? May be we can get divorced and re-marry, apply again and show them "look, we had a joint account for 3 years before the wedding" 

[Dianalorena 1,153]

Jesus miss Banana, I've never in my life have read anything like that USCIS letter. I'm shook. 

I can only imagine how frustrated and tired you are after all of this! I wish you all the best, and that you get an answer soon 

[geowrian 22,335]

I don't think it's a matter of some inexperienced or rogue officer. I would like to believe that by now, your case has been reviewed by at least one other person. I don't know why they're so insistent something is up, but my money is on they legitimately see an issue. It doesn't mean they are correct....just that they really think something is going on.

 

I can understand a lot of small things that add up causing issues. But those reasons do seem nitpicky, too. Please keep us updated.

[Usagi_tsukino 89]

38 minutes ago, geowrian said:

I don't think it's a matter of some inexperienced or rogue officer. I would like to believe that by now, your case has been reviewed by at least one other person.

Actually, i'm not sure about this at all  we asked for the officer's supervisor, we already know his name, not the supervisor from infopass. When he brought the notice we asked him is he can summarize what the reason is, and he said he doesn't know and told us to just read at home "what she wrote" (she - our officer). I was surprised because i, too, expected him to review it. The notice was signed by the Field office Director, but i'm pretty sure it's not a fresh new signature, i think they/she just inserted it there, because i have an another letter from this same director (i wrote her a letter once, complaining about the situation) and the signatures are exactly the same.

Edited March 3, 2017 by banana_princess

[Usagi_tsukino 89]

Can't edit the post anymore, and i'm pretty sure he didn't say this because he was in hurry and didn't want to explain, he didn't seem like it. Talked to us for a while about my medical and fingerprints. 

[sparkles_ 456]

This is also feeling a lot like psychological testing as well. Shaky couples or, not saying you guys are this, fake couples or couples where one is scamming will usually tap out by now and be onto an easier way to aos versus sticking to the rough ride til the end. Perhaps they are just looking to see if you actually will clarify the issues versus running from them....I'm placing a bet that once you send in your clarification statement and any supporting stuff, your card will show up shortly after. 

[sparkles_ 456]

55 minutes ago, banana_princess said:

Actually, i'm not sure about this at all  we asked for the officer's supervisor, we already know his name, not the supervisor from infopass. When he brought the notice we asked him is he can summarize what the reason is, and he said he doesn't know and told us to just read at home "what she wrote" (she - our officer). I was surprised because i, too, expected him to review it. The notice was signed by the Field office Director, but i'm pretty sure it's not a fresh new signature, i think they/she just inserted it there, because i have an another letter from this same director (i wrote her a letter once, complaining about the situation) and the signatures are exactly the same.

Signatures like that are autostamped not hand signed  

Edited March 3, 2017 by sparkles_