i751 RFE Notice

[vtjoseph 8]

Hello,

 

We were in the process of i751 filed on May 2016, removal of conditions and got an RFE notice. Not sure what happened but need to submit additional proofs now. 

Basically it is asking for last will with my wife's name, medical power attorney and few more sworn affidavits.

The questions I have are

 

1. Has anyone obtained a will and/or medical power of attorney for the i751? If so what are the steps for it? I live in CT, not sure the processes are different for each state.

2. Does the sworn affidavits to be notarized?

3. Do I need to provide the documents such as tax transcripts, bank statements etc along with the RFE reply, even though it is not asked?

 

Thanks

  Vinny

 

 

[Russ&Caro 1,548]

I would stick to the information they asked for.

 

Affadavits need to be notarized.

 

Research on the internet for templates of a Last Will and Power of Attorney, specific for your state. You'll need separate documents for you and your spouse, so that would be 4 doc's total. You'll probably need 2 witnesses. Print all documents and then all 4 of you will need to be present to have them notarized.

 

I included all of these doc's in my original submission, 3 weeks ago.

[mindthegap 2,537]

You can't provide what you don't have.

 

Affidavits, sure, do those as they are easy.  They do not need to be notarized - a sworn statement will suffice.

 

However, creating a will and POA - which, it must be pointed out, by default your wife already has medical power of attorney in the event of medical incapacitation - purely to satisfy USCIS is crackers, not to mention more money going to lawyers.

If you were planning on doing those things anyway, no problem, but JUST for USCIS?

[charmander 692]

13 minutes ago, vtjoseph said:

Hello,

 

We were in the process of i751 filed on May 2016, removal of conditions and got an RFE notice. Not sure what happened but need to submit additional proofs now. 

Basically it is asking for last will with my wife's name, medical power attorney and few more sworn affidavits.

The questions I have are

 

1. Has anyone obtained a will and/or medical power of attorney for the i751? If so what are the steps for it? I live in CT, not sure the processes are different for each state.

2. Does the sworn affidavits to be notarized?

3. Do I need to provide the documents such as tax transcripts, bank statements etc along with the RFE reply, even though it is not asked?

 

Thanks

  Vinny

 

 

They usually give a couple examples that you could use but what they are asking are usually not limited to those. I'd recommend you list everything you submitted so far. VJ people are good at finding the missing pieces. Whatever you sent in the first package, you don't have to send again but it's been a year since you submitted those documents, hence you could update on what you collected over the last year, for instance 2016 taxes, trip itineraries, recent bank statements, insurance renewals, joint purchases, loans, more photos, pretty much more of everything. This is the stage that you need to bombard them with everything in your arsenal.

 

For wills and power of attorneys people recommend legalzoom.com but I haven't used it myself.

[Lemon23 400]

What are the evidences that you submitted last year? I'm checking your profile and did not find any. I'm just curious why they asked more evidence.

[Ketsuban 1,034]

Surprised they specified affidavits, those are allegedly seen as weak evidence. What did you originally send in?

[vtjoseph 8]

Thanks every body for the replies.

We had send all the standard list of docs for i751 that were listed in VJ forums such as tax docs, car and medical insurance statements, life insurance details, photos etc. Below is the exact list of docs I send out.

 

• Copies of the passport and green card of my wife

• Copy of the tax statement for 2014 with W2.

• Copy of the tax statement for 2015 with W2.

• Copy of the IRS tax refund check and direct deposit to our joint account.

• Letter from my employer certifying my wife as the sole beneficiary for my life insurance policy.

• Letter from my employer certifying my wife as the sole beneficiary for my 401k savings.

• Additional life insurance statements.

• Copy of our car insurance statement.

• Copy of our joint bank account statement, previous 12 months.

• Copy of our health insurance cards.

• Copy of my wife's cell phone bills and the payments I made.

• Copy of our vacation itinerary on June 2015.

• Copy of our flight ticket itinerary of our joint travel on September 2015 and November 2014.

• Sworn affidavits by a relative and a friend.  

• Photographs of me and wife taken together throughout the past 2 years.

 

 

We included sworn affidavits but they were not notarized. 

I was also bit surprised they were asking specifically for will and Power of Attorney docs, so working to get those.

Does anybody know if I need to go to a lawyer for it or services such as legalzoom will handle very thing? Anyway, I will be calling legalzoom soon and will post the details, might be helpful for someone.

 

Thanks again for the replies.

Edited May 2, 2017 by vtjoseph

[njblue 51]

29 minutes ago, Ketsuban said:

Surprised they specified affidavits, those are allegedly seen as weak evidence. What did you originally send in?

I have a friend who removed hi conditions last year and he had RFE because he didn't send some evidences and in that letter they mention affidavits also. I guess it's not a weak evidence after all and I read the instructions for the i751 form and they mentioned 2 affidavit sworn 

[vtjoseph 8]

3 hours ago, Russ&Caro said:

I would stick to the information they asked for.

 

Affadavits need to be notarized.

 

Research on the internet for templates of a Last Will and Power of Attorney, specific for your state. You'll need separate documents for you and your spouse, so that would be 4 doc's total. You'll probably need 2 witnesses. Print all documents and then all 4 of you will need to be present to have them notarized.

 

I included all of these doc's in my original submission, 3 weeks ago.

Thanks a lot for the detailed information

[vtjoseph 8]

3 hours ago, charmander said:

They usually give a couple examples that you could use but what they are asking are usually not limited to those. I'd recommend you list everything you submitted so far. VJ people are good at finding the missing pieces. Whatever you sent in the first package, you don't have to send again but it's been a year since you submitted those documents, hence you could update on what you collected over the last year, for instance 2016 taxes, trip itineraries, recent bank statements, insurance renewals, joint purchases, loans, more photos, pretty much more of everything. This is the stage that you need to bombard them with everything in your arsenal.

 

For wills and power of attorneys people recommend legalzoom.com but I haven't used it myself.

Thats a nice idea to include the additional docs for the period since the i751 process started. Thanks!

[jptl85 25]

Your list looks comprehensive. I am surprised that you got an RFE looking at that list. However, they want what they want...just send it and hopefully you will be approved very soon!

[charmander 692]

2 hours ago, vtjoseph said:

• Copy of the tax statement for 2014 with W2.

• Copy of the tax statement for 2015 with W2.

Were these IRS transcripts? If not, this time send IRS transcripts.

 

I didn't see home lease or mortgage related documents on your list. What other evidences did you use to show you and your wife live together? Maybe you could also send copies of your driver's licenses that show the same address.

[Ketsuban 1,034]

4 hours ago, vtjoseph said:

Thanks every body for the replies.

We had send all the standard list of docs for i751 that were listed in VJ forums such as tax docs, car and medical insurance statements, life insurance details, photos etc. Below is the exact list of docs I send out.

 

• Copies of the passport and green card of my wife

• Copy of the tax statement for 2014 with W2.

• Copy of the tax statement for 2015 with W2.

• Copy of the IRS tax refund check and direct deposit to our joint account.

• Letter from my employer certifying my wife as the sole beneficiary for my life insurance policy.

• Letter from my employer certifying my wife as the sole beneficiary for my 401k savings.

• Additional life insurance statements.

• Copy of our car insurance statement.

• Copy of our joint bank account statement, previous 12 months.

• Copy of our health insurance cards.

• Copy of my wife's cell phone bills and the payments I made.

• Copy of our vacation itinerary on June 2015.

• Copy of our flight ticket itinerary of our joint travel on September 2015 and November 2014.

• Sworn affidavits by a relative and a friend.  

• Photographs of me and wife taken together throughout the past 2 years.

 

 

We included sworn affidavits but they were not notarized. 

I was also bit surprised they were asking specifically for will and Power of Attorney docs, so working to get those.

Does anybody know if I need to go to a lawyer for it or services such as legalzoom will handle very thing? Anyway, I will be calling legalzoom soon and will post the details, might be helpful for someone.

 

Thanks again for the replies.

Previous 12 months for the bank statements isn't enough, unless the account is only 12 months old in which case you can't do much about that. They like to see accounts and policies spanning the entire length of the marriage, or at least from the time the foreign spouse entered the US to live with you.

[andy78 178]

They can ask for whatever they want, that doesn't mean you have to provide it if it doesn't exist. I got an RFE and they asked for many extra things, including joint bank accounts and wills, which we didn't have. In my response I included some additional evidence, and explained that we don't have joint bank accounts because we basically don't need them, and no will because we didn't need to name each other in wills, because that's done by default per the laws of the state I live in.

[Ortolan 381]

Check your state's government website for Living Will forms. You can print them out, fill them in, and take them to a county clerk's office to get them notarized by the clerk. You don't need a lawyer for that.