RFE for I-751

[Enial11 3]

Hi to everyone! I need some help please. I was asked for RFE and a little worried of other requirements. The owner of the house that we live in is my husband's parents name and before I moved in with my husband they didn't have any contract or lease. I asked my in-laws what to say about the occupancy and they told me to just write: "We are presently living in a family property acquired in xxx located at xxx". I'm not sure if it's enough without any details who owned or affidavit. I'm just worried that there should be some attachment who owns the property or why there's no lease or contract to their son. Is that enough to answer on the exhibit? Anybody experience this and what did you guys do or what should I do? 

 

Also, we don't have any joint account since we got married. I have my credit card (applied, used household income and approved) but didn't add him for some reason and he doesn't have credit card since he got divorced from the 1st wife. When I found out about RFE, I had to make a decision to add him up so I did.  However, his name will only show on the last statement and the rest is mine, is that okay? He does send me money on my account to spend for groceries or other things but we don't have any joint savings or checking account as he is paranoid of some reasons from the experience he had with his ex-wife which is annoying but I have no choice but to deal with it. Is transferring money on my individual account enough? I know it's not joint but at least something? 

 

I don't have problem with other requirements, though the utility bills is also added recently on both our name as he didn't bother to add me 'cause his excuse is that I'm not paying the bills. I'm not yet working 'cause I'm working on my examination, but I'm blogging online and doing some side work which of course doesn't earn much. But my goal is that I wanted to pass my test so I can continuously work full time as that. I don't have a car yet, but I do have a driving icense. He added me on the car registration, title lately so that's good.  My situation is really complicated and I'm confused. 

 

Please help. Thank you for any information you can give me. 

[Going through 5,671]

Without knowing exactly what the RFE is asking for you to submit, hard to give adequate advice on what would be enough to fulfill their requirements.

 

Can you post the letter in this thread (removing all personal info)?

 

Sounds like you have very little evidence of financial co-mingling (which is what USCIS mainly wants to see as proof of a bonafide marriage)...not having joint bank accounts can normally be overcome by  having joint utility bills, but it seems you don't have much of that either.

 

Your profile says AOS is pending, yet you posted this in the ROC forum---so assuming you are doing the Removal of Conditions, jointly filed/married filing separately tax returns would help.  Do you have that?

Edited May 17, 2018 by Going through

[Enial11 3]

@Going through

 

Sorry, I'm a newbie so still trying to figure out how this works. 

 

A) They are asking for children as a result of marriage which we don't have but have one step-daughter, I'm not a contact or guardian due to a lot of reasons from the ex-wife. 

B) Lease or any joint occupancy - living at his parent's house, no contract or lease; deeds and mortgage - none, copies of DL and other motor vehicle papers which we have

C) Savings, checking or investment - we have individual account, he send me money to my account and use it for groceries etc, health insurance - we have no problem on this part, life insurance - beneficiary is only his daughter and his father as the trustee, Federal tax - my husband filed that as married couple so no problem on this part too, utility bills - had my name included just recently. I'm not working yet so we didn't have to include my name which my husband should have even if I'm not working, loan or credit - no loan but I do have credit card and have him as an authorize use (just recently)

D)Trust, will or durable power of attorney - none

E) affidavit

 

Yes, removal of conditions and filed jointly

 

We're also including photos, travel documents, membership club as joint owners, medical bills, contact in case of emergency

 

Edited May 17, 2018 by Enial11

[Going through 5,671]

4 minutes ago, Enial11 said:

B) Lease or any joint occupancy - living at his parent's house, no contract or lease; deeds and mortgage - none, copies of DL and other motor vehicle papers which we have

Have his parents write an affidavit that you two are living together as a married couple under their roof.  If you contribute any money towards your in laws as rent, have the affidavit mention this as well.

 

 

[Liam2021 583]

Seems like you missing the important stuffs which USCIS want to see( join checking/saving account,join auto loan),so the affidavit from parents will be fine.

[Sukie 1,464]

4 hours ago, Enial11 said:

@Going through

 

Sorry, I'm a newbie so still trying to figure out how this works. 

 

A) They are asking for children as a result of marriage which we don't have but have one step-daughter, I'm not a contact or guardian due to a lot of reasons from the ex-wife. 

B) Lease or any joint occupancy - living at his parent's house, no contract or lease; deeds and mortgage - none, copies of DL and other motor vehicle papers which we have

C) Savings, checking or investment - we have individual account, he send me money to my account and use it for groceries etc, health insurance - we have no problem on this part, life insurance - beneficiary is only his daughter and his father as the trustee, Federal tax - my husband filed that as married couple so no problem on this part too, utility bills - had my name included just recently. I'm not working yet so we didn't have to include my name which my husband should have even if I'm not working, loan or credit - no loan but I do have credit card and have him as an authorize use (just recently)

D)Trust, will or durable power of attorney - none

E) affidavit

 

Yes, removal of conditions and filed jointly

 

We're also including photos, travel documents, membership club as joint owners, medical bills, contact in case of emergency

 

So your job in responding to the RFE is to explain how you and your spouse do your financial life, since you don't look like "normal" couples.

 

As others have said - an affidavit from his parents is essential.  No matter in whose name the house is, they need to say that the two of you are living with them at xxx address, have been living with them at xxx for xxx long, and, if either you or your spouse help with rent, groceries, etc, then explain how that works, and show them on a bank statement where the money comes from and to whom it goes.

 

Children are none of their business, but it is one of the "normal" things on a checklist.  Just explain that your spouse has a child from a former marriage and that the two of you do not have children.

 

Explain that you are studying, and show that he sends money from his account to your account.  Do not be afraid to say that you do not have many joint accounts yet, but that you are slowly joining things together.  You really need to show the transfer of money from his account to your account.  Get bank statements from both accounts and circle the transfers out and the transfers in.

 

If you put together a very clear package, you'll have no problems.

 

Not everybody has all the stuff on their checklist.

 

Good luck!

 

Sukie in NY

[Enial11 3]

5 hours ago, Going through said:

Have his parents write an affidavit that you two are living together as a married couple under their roof.  If you contribute any money towards your in laws as rent, have the affidavit mention this as well.

 

 

Now I finally figured out how to reply on each messages here 

 

Yes, already emailed them since they live in NY and told my husband to remind them too. Do you think email is okay or should I have them send the original letter, notarized or not? 

Edited May 17, 2018 by Enial11

[Enial11 3]

1 hour ago, Sukie said:

So your job in responding to the RFE is to explain how you and your spouse do your financial life, since you don't look like "normal" couples.

 

As others have said - an affidavit from his parents is essential.  No matter in whose name the house is, they need to say that the two of you are living with them at xxx address, have been living with them at xxx for xxx long, and, if either you or your spouse help with rent, groceries, etc, then explain how that works, and show them on a bank statement where the money comes from and to whom it goes.

 

Children are none of their business, but it is one of the "normal" things on a checklist.  Just explain that your spouse has a child from a former marriage and that the two of you do not have children.

 

Explain that you are studying, and show that he sends money from his account to your account.  Do not be afraid to say that you do not have many joint accounts yet, but that you are slowly joining things together.  You really need to show the transfer of money from his account to your account.  Get bank statements from both accounts and circle the transfers out and the transfers in.

 

If you put together a very clear package, you'll have no problems.

 

Not everybody has all the stuff on their checklist.

 

Good luck!

 

Sukie in NY

Hi Sukie!

 

Yes, I do agree with you about not "normal" couple. Not happy about it but trying to live with it.

 

The house that we live in is separate from the house they live in. They live in NY, they bought this house when my ex-husband divorce his ex-wife. My husband has been living here since with no contract or lease, but of course my husband pay for all the bills, improvement or any repair. Basically, we are not paying any rent or anything so we don't have any problem on that part. Thanks to his parents! 

 

About his daughter, it is asking school or medical records listing the stepparent as contact or guardian or court guardianship records of stepchildren? How do I or we reply to that on the cover letter? My husband never allowed me to be a part of those from the start, not even take me to her school activities or anything. There's a lot of issues from the ex-wife and the child, very complicated. So now I don't know what to answer on that part. What do you think I should say? Maybe say  school and medical records is handle by ex-wife? 

 

I'm trying to ask for the statement from my husband so I can highlight the transfer of money from his to my account, I asked it earlier but as usual gave me a hard time. That's the only evidence I can provide for checking account. I included him on my credit card just recently so his name will only show on the recent statement, will that be okay? I've had the credit card for less than 2 years and been using it to purchase and pay from the money that he send me. 

 

Sigh! I wish my married life is easy but my husband is giving me a hard time. Thank you for the advice, I really appreciate it. 

[Going through 5,671]

2 hours ago, Enial11 said:

Now I finally figured out how to reply on each messages here 

 

Yes, already emailed them since they live in NY and told my husband to remind them too. Do you think email is okay or should I have them send the original letter, notarized or not? 

Original letter with both of their signatures.  USCIS will not accept a printout of an emailed affidavit.  Always better to get it notarized.

[Going through 5,671]

1 hour ago, Enial11 said:

About his daughter, it is asking school or medical records listing the stepparent as contact or guardian or court guardianship records of stepchildren? How do I or we reply to that on the cover letter? My husband never allowed me to be a part of those from the start, not even take me to her school activities or anything. There's a lot of issues from the ex-wife and the child, very complicated. So now I don't know what to answer on that part. What do you think I should say? Maybe say  school and medical records is handle by ex-wife? 

Is the school even aware of your existence?  Are you listed on the school emergency contact (sometimes called "blue cards") info regarding your step daughter?  If so, ask the school to provide a letter.

[Enial11 3]

7 hours ago, Going through said:

Is the school even aware of your existence?  Are you listed on the school emergency contact (sometimes called "blue cards") info regarding your step daughter?  If so, ask the school to provide a letter.

I'm not sure on that part since my husband never brought me to her school. Honestly, I never heard of blue cards, just now thanks to you. I asked my husband and he didn't know it either. Will ask my husband about it. 

[Going through 5,671]

2 minutes ago, Enial11 said:

I'm not sure on that part since my husband never brought me to her school. Honestly, I never heard of blue cards, just now thanks to you. I asked my husband and he didn't know it either. Will ask my husband about it. 

In NY they are commonly called "blue cards" (because the cards themselves are colored blue)....just ask your husband if you are listed on the school's emergency contact info/authorization to pick the child up from school info.

[Enial11 3]

5 minutes ago, Going through said:

In NY they are commonly called "blue cards" (because the cards themselves are colored blue)....just ask your husband if you are listed on the school's emergency contact info/authorization to pick the child up from school info.

Good to know. I looked for blue cards here in Nevada but I didn't find any. Actually, I know I'm not in the emergency contact info or authorization to pick up his child due to the ex-wife issues. Also, their arrangement is that my husband pick her up at her mom's place for school in the morning and the ex-wife is the one that pick her up after school. That has been their arrangement before I even got here. 

 

What do I write if I don't have those? I know I shouldn't ignore the question they are asking. 

[Loren Y 2,755]

I  live in Nevada also, and when my old girlfriend lived with me and she had a few kids enrolled in the school up the street, I had to get added to the list as an authorized person to sign them in and out of school. They would check my ID and everything. But if you get added to the authorized list you can get a copy of it from the school. Not sure if your husbands EX will want you to have the ability to pick up their kid out of school, but they do have a form here in Nevada. We weren't married or anything, but it came in handy if one of the kids got sick at school, I could pick them up because I got home early in the day, so she wouldn't have to leave work.

Edited May 17, 2018 by Loren Y

[Scazy 78]

Hi @Enial11 when did you filled for removing of conditions and what’s your NOA date? 

 

As somebody advised here, as long as you have a solid and clear story of explanation why you don’t have certain documents and how you guys handle it, you’ll be approved. I know a case with almost none proofs and they got approved regardless because replied to RFE with a clear explanation. Good luck !