Questions About ROC

[Dashinka 23,230]

On ‎1‎/‎8‎/‎2019 at 2:43 AM, jg121783 said:

Got a question about tax transcripts. For days the IRS website transcript website has been down for maintinence (maybe because of the shutdown). Can I use the tax return documents turbotax generates for me instead? The documents do show we filed jointly. I don't have time to sit on the phone with the IRS or wait weeks to get transcripts in the mail.

Yes, but make sure you also include the W2s and 1099s if using copies of the 1040s from a tax prep software.

 

On ‎1‎/‎3‎/‎2019 at 1:57 AM, jg121783 said:

I have some questions about the documents listed on the I751 guide page. I'll paste the list from that page and put my questions and/or comments next to each item:

 

 

Our lease is in my name only. Is this going to cause any problems?

Shouldn't, my mortgage is only in my name, and we had no issues.

On ‎1‎/‎3‎/‎2019 at 1:57 AM, jg121783 said:

 

 

All of our bills are in my name except maybe our cell phone bill and that was changed recently. Is this going to cause any problems?

I think I transferred only two of the utility bills to both are names, no issues.

On ‎1‎/‎3‎/‎2019 at 1:57 AM, jg121783 said:

 

 

Our whole family is on my wife's health insurance so that is easy to produce evidence for. We also have 3 joint bank accounts with one of them being the account that we both direct deposit our paychecks into and a personal loan we just jointly applied for. What documents do I need to prove the joint bank accounts and direct deposit and how do I get them (in other words what do I ask the bank for)? What about the personal loan? I have the loan agreement but there are a few pieces of information on it that aren't relevant and tell someone how to gain access to our account. Is it okay to black out that information?

I got our bank information from the bank directly (credit union in our case).  They sent us a document showing that we each jointly own and have access to the two accounts we maintain.

On ‎1‎/‎3‎/‎2019 at 1:57 AM, jg121783 said:

 

 

We are both on the same car insurance policy so that's easy. What document do I need as evidence for my life insurance?

I sent the beneficiary assignment information.

On ‎1‎/‎3‎/‎2019 at 1:57 AM, jg121783 said:

 

 

That one shouldn't be a problem.

 

 

I covered the bank accounts and we don't have any stock accounts.

 

 

We filed both our state and federal taxes jointly. Just a matter of getting the documentation.

 

 

I bought our car before my wife came here from the Philippines so the car is only in my name. As soon as she got her driver's license she got that car and I bought a beater which also only has my name on it. Hope this wont be an issue.

The car thing should not be an issue.

On ‎1‎/‎3‎/‎2019 at 1:57 AM, jg121783 said:

 

 

As I stated before we have a one year old son together and I have his birth certificate.

 

 

We haven't gone on any vacations together yet. However we are planning a trip to the Philippines this summer and may purchase our plane tickets in the next week or two. Will evidence of this help at all?

Disclosing future travel plans can't hurt.

On ‎1‎/‎3‎/‎2019 at 1:57 AM, jg121783 said:

 

 

We have pictures together. How many are needed?

Just a few, we sent maybe 5 or 6 copied and captioned.

On ‎1‎/‎3‎/‎2019 at 1:57 AM, jg121783 said:

 

 

Already covered.

 

 

We had stuff like that but we don't hold on to any of that stuff for very long.

You can only send what you have, if you get anything in the next few days, save the envelopes, and use them.

On ‎1‎/‎3‎/‎2019 at 1:57 AM, jg121783 said:

 

Another quote from the guide:

 

 

Would affidavits be helpful in our situation or are they not needed? If we do need them how many should I send in? Basically I have listed what we have and what we don't have. Is it enough? Is there anything not listed that we need? Any advice is appreciated.

I believe affidavits are optional, but we did include them.

 

One other item that I think looks good is to have Wills and Living Wills which can be done fairly quickly, but you can always add those to the package later if and when you both get called for an ROC interview.  When my wife and I had our joint interview prior to her N400 interview the IO asked if we wanted to add anything to the I751 package and since it had already been 15 months since we filed, we added two more years of tax returns. 

 

Also keep in mind that if your wife wishes, she can file for naturalization in about another year (N400).  We did it that way, and in some ways if sped everything up relative to us being completely done with USCIS.

 

Good Luck!

[Y3+E 25]

My wife also came here on a CR-1 Visa, bringing her two young daughters with her.  (The two daughters were included in wife's I-751 application.)

Like you, we also had a child together.  I will tell you that of all the evidence that we submitted, we feel that the the most powerful or convincing evidence was related to supporting our children (my two step daughters and one biological child).  

 

Along with the birth certificate for our biological child, we submitted health insurance and other government support for this biological child.  For my wife's young daughters (my step daughters), we submitted health insurance documents, county school lunch program payments for every month in the U.S., a copy of the dental bill for one child's braces, academic school report cards sent to me (the step father), the bank statements had the children's names in the address block, military dependent ID cards for the children, 401K retirement beneficiary with children's name, and will/trust documents with the children' names entered. 

 

Why do I believe that the above children-related evidence was the most convincing?  

 

We only submitted one (1) month's bank statement from two different banks (1 page each without all of the transaction pages).

We only submitted a 2016 federal and state tax return -- two pages each.  No schedules, etc.  

 

We did not submit Federal Tax transcripts.  

We did not submit tax returns for multiple years.

 

We did not submit driver's licenses with the same address on them because it never occurred for us to do so.

We did not submit any utility bills or house mortgage/rental documents because they were all in my name.

 

Our I-751 application was approved last September without any request for additional evidence.

So, my only advice is focus on support documents related to your children.

 

[jg121783 3,907]

So as far as far as my 2016 taxes being filed as single goes should I just send my 2017 taxes and not even mention 2016 and if they ask explain it at that point?

[Villanelle 4,121]

18 hours ago, jg121783 said:

 

Unfortunately I did file single in 2016 and to make it worse I filed the return a month after my wife got to the US. I can't remember for sure but I think I did it because the Turbotax software asked me for my wife's social security number and she didn't have one yet. what is the best way to handle this?

That happens to a lot of people. If your spouse is still overseas or doesnt have a SSN yet you can file the joint return with an ITIN. Too late now but just for others reading. Like I said the IRS doesnt really care much if you filed as single when you were allowed to file as married. You can speak to a CPA and see how much they would charge for an amended return and how much you may get back if anything based on the amended return. USCIS does care because basically you claimed to be single to the government. Are you hiding your marriage? lol. So the easiest way to handle this since you have about a week or so left to file ROC is to include the single tax return (+ any foreign tax return she might have filed for 2016) and a letter of explanation attached that since she didnt have a SSN you mistakenly filed as single and are exploring options on how to amend it. (then you really have to explore options. If theres an RFE for that it wont be immediate- so hopefully you have a copy of the amended return to send them if they ask or bring to the interview)

 

18 hours ago, jg121783 said:

This might be another problem. My wife got here in February of 2017 and didn't start working until about July of 2017. In that time period she wasn't on my bank account as there was no need because I do all the bills. She didn't have much mail sent to our address in that time period and what she did get has been thrown away. After she started working we had separate bank accounts with separate direct deposits for a few months and she just gave me the money we needed for the bills. It was about October of 2017 that I added her to my account and we switched her direct deposit to make paying bills easier. The only things I have that I can think of from before that that shows our financial ties are documents showing my wife and my step son being added to my health insurance shortly after they got here and my wife being listed as the beneficiary on my 401K, employee stock plan and life insurance policy. As soon as my wife qualified for health insurance we all switched over to her plan and I will include documentation of that. Essentially we don't have much evidence from February 2017 to November 2017 when our son was born. Even after that we don't have much mail addressed to my wife and what we do have will be relatively recent. I do have the lease covering the time period of a month after my wife got here until now with my wife's name written on it (first name only) as an occupant but the landlord never asked her to sign it. I hope that isn't a problem. My wife's check stubs (which we have online access to) have our address on them going back to July of 2017 so maybe this will help? The fact that I filed taxes single in 2016 and we don't have a lot of evidence for the first 9 months or so my wife and step son were here has me a little worried. Hopefully you can reassure me here. Also we do have some pictures going back to when my wife and step son got here but not many with all of us in them which is my fault because I don't like having my picture taken all the time. All I have from the time we got married until the time my wife got here is pretty much what I sent for her visa such as money transfer receipts, ect. I was not able to visit her at all for that year so there are no pictures or anything except for the week or so after our wedding.

Again, it doesnt matter if you are the only one with an account or if the bills are all in your name. You want to show co-mingling. That means showing stuff was paid and you both benefited from it. Many people do ROC (including myself) and only one spouse has a bank account. Having one bank account is not a problem as long as there stuff coming out of it for both your benefit. If you can show you guys have the same address and the bills for that address as well as personal stuff comes out of a bank account (even if the account is only in one persons name) then thats it.

 

Write out a basic timeline style letter saying stuff like you explained here but with exact dates and details:

 

2016- married. Husband worked at XXX, paid all bills in US and sent wife XXX

Feb2017- July 2017 wife arrived in US, we lived at X address, had bank account in husbands name, bills in husbands name all paid from account

July 2017 wife became employed at X, check deposited auto into X bank account, X amount of money moved on average to husbands account for bills (you need to include all statements from her individual account as well)

??-2017 child born, wife took time off work? 

?? 2017 wife closed joint account?

If you are inclined to do so you can refer to each piece of evidence attached as you go- bills A B C (attached) paid for from X account (attached as D), 2017 child born (birth certificate attached as E) etc. That way you know everything you sent is accounted for in the explanation and list anything that didnt fit in at the bottom under additional evidences labeled  F G H 

If you traveled or moved work it into the timeline, if you have receipts for major purchases or baby things add them in as well. Look through the bank statements and see if there is anything you can highlight besides obvious trips- perhaps you go out to eat every other week, perhaps you went to a show or do the movies every so often. 

 

Her name on the lease as an occupant is fine. She has a DL or non drivers ID right? That should suffice as proof of her sharing the address and if they are suspicious they will do a home check. 

18 hours ago, jg121783 said:

 

I have a job and a small business so there were a lot of schedules. Between the federal and state return I printed about 100 pages last night. A tax transcript would have been easier but this is what I have to work with I guess.

Make sure to include all the schedules and whatever other forms you used to fill out the return

18 hours ago, jg121783 said:

My life insurance, 401K and stock plan beneficiary paperwork was easy to get from the HR people at work. My wife on the other hand works for the state and her HR department gave her a phone number to call which I will be calling tomorrow. I have a feeling it will take at least a week or more to get the paperwork in the mail from past experience with these people. I would like to have everything sent out by Monday next week. My wife's green card expires the 13th of next month. what is the longest you would wait for these documents? Perhaps as you said a letter explaining the situation is the best option. 

A 401k or life ins is good to include but isnt going to cause you issues if you include that you are on it but just couldnt get in time. If Mon of next week is your goal then stick to it. Because again, if they need more stuff they will RFE you and the RFE wont be issued until someone actually looks at your file. When you send it, it will sit in a pile for months before being picked up an RFE possibly issued unless you get real lucky and they get to it fast.

18 hours ago, jg121783 said:

It's a little reassuring to know if they need something I didn't provide they will simply request it and give me plenty of time to produce it. I remember a RFE was something I wanted to avoid during the visa process but in this case at least my wife and step son are already in the US. 

 

I do plan on including a letter of explanation of our financial situation attached to the front of our bank account documents. I was also going to attach a letter to the front of our 2017 tax return explaining the documents came from Turbotax and that I couldn't obtain a transcript in time and would be happy to send one upon request. I am unsure about what to say about my 2016 return. Hopefully you can help me with this.

You dont need an explanation for 2017. You can send either the complete return with supporting w2s and such or a transcript. 

18 hours ago, jg121783 said:

 

So it sounds like its best to get the packet sent in as soon as possible even if it is missing stuff and worst case we will get an RFE. That makes me feel a little better but I am still worried about the 2016 tax return and about the lack of evidence from the first 9 months my wife was here and before she was here. I know there is a lot of questions here and I would appreciate any help you can give me with even some of them. 

I wouldnt worry so much about your lack of being in pictures. You can even send pictures of your wife and son that YOU took as long as you explain how its proof of the relationship (because you were there you took them). Also affidavits can be helpful to tie to pictures that you are not in if for example you have pictures at the zoo of wife and son that you took and a letter from your brother saying we all went to the zoo and he (you) took lots of pictures of them. Pictures and affidavits are considered to be the weakest form of evidence. They are helpful to paint a picture though. Stronger evidence is financial- showing daily/weekly expenses for each of you + both of you being funded from your income (your being plural).

 

The goal with ROC is to send enough stuff to get approved with out the hassle of an interview. They do interview for quality control purposes, so if you do get an interview its not necessarily because you didnt send enough. First youd get an RFE and it will give you an idea of what they are looking for that you omitted or didnt send in the complete contents of. Then they would interview you both and if they still werent happy you would get a NOID which would outline exactly what they have issues with and you have a chance to address it, they can also do a home visit. If they still arent satisfied they will deny you and send you to court where you get yet another shot at it. Very few ROCs are ultimately denied for legit marriages and I havent come across anyone with a legit marriage that was denied and forced to leave yet.

[jg121783 3,907]

Ok I guess I have a lot more work to do. I work 12 hour shifts all weekend so I'll get back on it Sunday night. What is the latest I should be sending this out by? I'm shooting for next Wednesday if possible.

[Lemonslice 4,550]

4 minutes ago, jg121783 said:

Ok I guess I have a lot more work to do. I work 12 hour shifts all weekend so I'll get back on it Sunday night. What is the latest I should be sending this out by? I'm shooting for next Wednesday if possible.

When is the card expiring?

[jg121783 3,907]

32 minutes ago, Lemonslice said:

When is the card expiring?

13th of next month.

[Lemonslice 4,550]

3 minutes ago, jg121783 said:

13th of next month.

Then, you still have nearly a month to send it.  

[jg121783 3,907]

It appears as though I can amend my 2016 tax return through turbo tax. Should I do it that way and include my original and amended 2016 documents along with a letter stating that I erroneously filed as single because my wife didn't have a SSN at the time and was still living overseas? I'm wondering if taking the other approach of simply not sending the 2016 return unless I am sent an RFE requesting it is better? What are the disadvantages of doing that besides a possible processing delay if they request it? Are the odds so great that I will get an RFE that I might as well send it now or is there a chance they won't request it? I'm just worried that having almost no evidence of our relationship in 2016 along with my tax return being filed single and being amended at the last minute looks suspicious. Maybe it's better to not raise the issue unless I have to. Maybe it's better to be upfront about it. Thoughts?

[jg121783 3,907]

An update on my progress and what I have questions about. I have been having computer and printer problems so I was unable to get this done and sent out when I wanted to. The computer is fixed but the printer is not so any remaining documents I need printed will have to be printed at FedEx. My goal is to complete everything by tomorrow and go on Monday and print everything then send it out. Anyways I will start by posting my cover letter so you guys can tell me if I am missing something then my "timeline" letter so you guys can tell me if it is sufficient or not. Here is the cover letter listing all the evidence I can come up with. Hopefully it's enough. If not I will have to deal with it when I get an RFE:

 

Quote

1/30/2019

 

USCIS
P.O. BOX 21200
Phoenix, AZ 85036

 

RE: I-751 JOINT PETITION TO REMOVE CONDITIONS OF STATUS ON:

 

(CR-1 VISA) (wife), A#xxx-yyy-zzz

(CR-2 VISA) (step son), A#xxx-yyy-zzz

 

 

 

Dear USCIS examiner:

 

Enclosed please find a JOINT I-751 petition for removal of conditions of permanent resident status regarding my wife, (wife), and her son, (step son). Please also find a money order for $765, the fee for this form. My wife entered the US on a CR-1 visa and her son (step son) followed on a CR-2 visa. We are all happily living together and request that this petition be accepted for removal of conditions on the residence of my wife (wife) and her son (step son).

 

Enclosed also please find the following documents to verify the status of our marriage and ongoing relationship:

 

 Form I-751

 Copies of the passport, driver’s license and green card of (wife)

 Copies of the passport and green card of (step son).

 Copy of marriage certificate.

 Copy of our son, (son)’s birth certificate.

 Copy of residential lease agreement.

 Copy of auto insurance card.

 Copy of health insurance cards.

 Confirmation of employer benefit elections for (wife)

 Employer benefit confirmation statement for (me).

 Employee stock ownership plan beneficiary designation form for (me).

 401K plan designation of beneficiary form for (me).

 Letter of explaination of our finances.

 Documentation of joint checking and savings accounts at Community First Credit Union for (me) and (wife).

 Documentation of joint personal loan at Community First Credit union for (me) and (wife).

 Documentation of joint checking and savings accounts at Digital Federal Credit Union for (me) and (wife).

 Statements from the Digital Federal Credit Union checking account showing pay check direct deposits from (me) and (wife).

 Documentation of joint checking and savings accounts at Huntington Bank for (me) and (wife).

 Documentation of joint Federal and State of Wisconsin tax returns for (me) and (wife). (2017 only. I will work on amending my 2016 and send it if requested via RFE)

 Three sworn affidavits by U.S. citizen friends, attesting to our relationship and marriage. (Still working on this one. Will exclude this if I can't obtain it by Monday)

 Pictures of our family together.

 

You may feel free to inquire at any of the sources of enclosed documentation for validity of their statements, and you are always welcome to visit our home should you ever desire to do so. Please advise me if you have any further questions or problems related to this petition.

 

 

Sincerely,

 

(me)

 

US citizen spouse

 

 

 

Here is my timeline letter:

 

Quote

1/21/2019

 

USCIS
P.O. BOX 21200
Phoenix, AZ 85036

 

RE: TIMELINE OF OUR RELATIONSHIP AND EXPLAINATION OF EVIDENCE

 

(CR-1 VISA) (my wife), A# #####

(CR-2 VISA) (step son), A# #####

 

Dear USCIS examiner:

 

  The following is a timeline of events in our marriage from the date we were married until the date of this letter:

 

            02/08/2016:

 

            We were married at W.I.S.D.O.M. Church in Santa Rosa, Philippines.

 

            See marriage certificate.

 

            02/18/2016:

 

            I returned to the United States.

 

            02/18/2016 - 02/13/2017:

 

            (my wife) and (step son) remained in the Philippines while they awaited the approval of their I-130 petitions and the issuance of their visas. During this period of time I provided financial support for (my wife) and (step son).

 

            02/13/2017:

 

            (my wife) and (step son) entered the United States.

 

            02/13/2017 - 04/01/2017:

 

            (my wife), (step son) and myself resided at (address).

 

            See affidavit 1.

 

            02/2017:

 

            (step son) began attending school at (school name) school in (town) WI. My wife and myself were entered as emergency contacts in the school records.

 

            03/2017:

 

            (my wife) and (step son) were added to my health insurance plan through my employer. (my wife) was listed as the beneficiary on my employer provided 401k plan, employee stock ownership plan and employer provided life insurance plan.

 

            See employer benefit confirmation statement for (me), employee stock ownership plan beneficiary designation for (me) and 401k beneficiary designation for (me).

 

            04/01/2017:

 

            (my wife), (step son) and myself moved to (address) where we currently reside as of the date of this letter.

 

            See Wisconsin driver’s license for (my wife), auto insurance cards, our lease agreement, affidavits, check stubs for (my wife), and mail addressed to (my wife)..

 

            07/2017:

 

            (my wife) became employed at (employer) as a CNA and began contributing to our household expenses.

 

            10/19/2017:

 

            I dropped my health insurance coverage with my employer and (step son) and myself were added to (my wife)’s health insurance plan through her employer. I was listed as the beneficiary on her retirement plan and her life insurance plan.

 

            See confirmation of employer benefit elections for (my wife).

 

            10/2017:

 

            (my wife) was added as a joint owner of my checking and savings account at Digital Federal Credit Union where my pay check is direct deposited to. This is the account used to pay our household expenses. (my wife) began direct deposit of her pay check to this account shortly after.

 

            See confirmation letter of joint ownership for DCU checking and savings accounts and bank statements from DCU. Please note any deposits from “(employer name)” are my pay check and any deposits from “(employer name)” are (my wife)’s pay checks.

 

            11/09/2017:

 

            Our son (son) was born.

 

            See birth certificate for (son)..

 

            03/21/2018:

 

            (my wife) obtained her driver’s license.

             

            See (my wife)’s Wisconsin Driver’s License.

 

            Currently:

 

            (my wife), (step son), (son) and myself still reside at (address). (my wife) is still employed at (employer) and I am still employed at (employer). We still have both of our paychecks deposited to our DCU account and use that account to pay our household expenses.

 

             

            Additional Evidence:

 

            -Copies of passports and green cards for (my wife) and (step son).

            -Documentation of joint accounts and a joint personal loan at Community First Credit Union.

            -Documentation of joint accounts at Huntington Bank.            

            -2017 State of Wisconsin and Federal tax returns showing joint filing.

            -Photographs of our family together.            

 

 

Sincerely,

 

(me)

 

US citizen spouse

 

 

 

I may letter each piece of evidence and cite the letters in the timeline. Is this a good way to structure the timeline letter? I basically have everything listed in the first letter completed except the affidavits and pictures. Getting the affidavits notarized has been an issue as it is currently -50 degrees here in WI. Im sure I could find more things to add as evidence given more time but time is something I am short on here. What do you guys think? Anything I'm missing here?

Edited January 30, 2019 by jg121783

[Lemonslice 4,550]

How many statements are you sending? All of them?

[jg121783 3,907]

3 hours ago, Lemonslice said:

How many statements are you sending? All of them?

Bank statements? All of them from the time my wife started her direct deposit in the same account until now.

[cablewyres 38]

Hi, I have a question about pending ROC. My wife and I filed to remove my GC’s conditions back on Oct 2018 in California. Being said,  we submitted our evidences of relationship the past 2 years. On Nov 2018, I went to Washington state to study in healthcare (less expensive & better program) while my wife (USC) travelled to the Philippines for two months and then went back to our address in Cali. I decided to stay for another 6 months here in WA to build working/training experience before I move back to California. We both think this is a good idea. Now, the WA State Dept of Health is asking for FBI finger prints to be taken here in WA. I went to a Washington police station and had my finger prints taken. Now, they told me to use the address of where I am staying while in Washington (which is my aunt’s address with whom I’m staying temporarily for the next 6 months). My wife and I are still in close communication. In fact I am going to CA for a quick trip to see her on Feb. My question is, will this affect our pending removal of conditions or trigger anything with USCIS? I still consider CA as my main address and the documents we submitted to file ROC all contained info of our CA joint address. I’m just temporarily studying, working, and getting finger prints taken here in WA. Any thoughts and knowledge in the matter would be appreciated. Thanks.

[jg121783 3,907]

Can someone give their opinion on my timeline letter? Is it sufficient?

[jg121783 3,907]

I sent everything out last Wednesday USPS priority 2nd day with signature confirmation to the Phoenix location. It was guaranteed to be delivered by last Friday but didn't arrive until Saturday (Will have to file for a refund with USPS). Today is the day the green cards expire and we haven't received the green signature card yet (tracking says the package was signed for so not too worried about this) and have not received an extension letter yet (figured this might take a few weeks). The tracking for the USPS money order isn't showing any info yet. How long does it take for them to cash the money order? How long until an extension letter is sent? What are my wife and step sons immigration status while we wait for the extension letter? What do they do if they are stopped by law enforcement or other authorities that might be interested in their immigration status (not too worried about this one just curious)? I sent the form that requests email and text updates. How long before I get one of those updates? I will rest easier when we are in possession of an extension letter or at least receive a text or email.