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KiRilie

Help I-751 RFE

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Hi All,

 

I received an RFE yesterday 2/3/19.

Good Faith Marriage, insufficient evidence. You provided the following evidence that the marriage as entered in good faith:

-auto-insurance

- Bank Statement

- health insurance

- letters

-photographs

-travel documents

-tax documents

 

However, the documentation submitted is insufficient because you submitted limited evidence. Aside from a shared address between you and your spouse displayed on multiple financial documents, you submitted no other evidence of joint occupancy with your spouse at the same residence. Such evidence  might include: mortgage payments, a shared deed to a property, a lease/rental agreement, or property taxes. In its' entirety, the evidence submitted is insufficient to prove joint occupancy with your spouse at the same residence. 

 

To establish eligibility for removal of conditions of residence, please submit additional evidence to show you and your spouse entered the marriage in good faith and continue to share a life together. The evidence may include the following :

 

- Children: Copies civilly registered birth certificates, adoption decree, court guardianship records stepchildren, school/medical records listing steparent)

- Resided together/share responsibility: leases both names, deeds and mortgages in both names show joint ownership, copies of you/spouse driver's license or identity card

- Combined financial resources/ joint ownership of assets: checking/saving account statements, property/live/health insurance documents, federal/state tax returns (w2), utility bills or loan/credit card account statements.

- Estate: will, trust, durable power of attorney.

- Affidavits from third parties who have knowledge of the bona fides of your marital relationship.

 

Any other relevants documents  not already mentioned. Please do not send copies of documents already submitted. 

 

So looking at the above of what they want is really a documents showing my name on the property/lease. Little background, my husband has purchased his house before we met. So then we decided to move in together in the same house. But my name is not on the house, we did not think it was necessary since we were planning to move in the future. 

But my husband is adding me to the property,  would that be sufficient? do you think we should add more evidence? 

 

we are also expecting  a baby due in May 7 .  


[spoiler]Green card I-130:Wedding date January 16th,2015 I-130 sent: May 5th,2015 NOA1: May 7th, 2015 NOA2: October 23rd,2015 Sent to NVC Nov 3rd, 2015 Received at NVC on the November 9th,2015 NVC sent letter with Case number on December 2nd,2015 DS-261 on December 07th, 2015 Paid AOS fee on December 07th,2015 Paid IV fee on December 12th, 2015 Sent AOS and IV package on December 17th, 2015 Form Ds 260 submitted on December 21, 2015. (Delay due to Ds261 showing incomplete had to resubmit) Scan date: December 21st, 2015 Case complete: January 29th, 2016 Medical examination: March 4th, 2016 Interview: March 17th, 2016 at US Embassy in Paris - Approved ! March 18th, 2016 - CEAC shows visa ISSUED March 24th, 2016 - Visa received this morning Paid ELIS $165 fee + book flight on MArch 24th, 2016 POE Chicago on April 13th, 2016  Received green card on June 8th, 2016[/spoiler][/spoiler]

 

Removing condition I-751:

Submission: 2/1/2018

NOA 1 Received: 2/5/2018

Biometrics: 5/25/2018

18 month extension letter: 8/20/2018

RFE: 2/3/2019

 

You've gotta dance like there's nobody watching, Love like you'll never be hurt, Sing like there's nobody listening, And live like it's heaven on earth.

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Do you both have a license or state ID card with the same address?  You can send that in.

 

Write a letter explaining the circumstances behind the purchase of the house.  Maybe look at a quit claim deed as well to put your name on the property?  My thought here is having the quit claim deed would show good faith, and the letter would explain why it took until this point to do so.

 

My husband and I haven’t been successful in conceiving yet, so I’m not sure if there’s something from a doctor you could provide to show a baby is on the way (also, Congrats!!), maybe an ultrasound picture and a letter?  

 

From the wording above it looks like everything else you submitted is good, they just need something official to show cohabitation. 

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25 minutes ago, Sukie said:

I am the US Citizen in our marriage.  I owned our house long before I met my spouse.  She is NOT on the deed (and I do not have a mortgage).  I submitted a note stating the fact that I owned our house prior to our marriage.  BUT, I also submitted our Homeowner's insurance which clearly has her as an additional claimant should anything happen.

 

You do NOT have to have both spouses on the deed of a home.  There are many couples where only one of the people own the home.  So go for the copies of both of your driver's licenses.  And just explain the situation.

 

For all of you with homeowner's insurance....be sure your spouse is also listed.  Should something happen to you, your spouse would not be able to file an insurance claim on your house.  Example:  Your spouse is hanging Christmas lights on the outside of the house and falls from a ladder, landing on the front porch roof, which subsequently collapses.  Unfortunately, your spouse dies.  An unnamed spouse would not be able to file a homeowner's claim to fix the front porch.  Sorry to be morbid, but this is important.

 

Sukie in NY

@Sukie As always, your advice is invaluable.  👍👍

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Go on line and do a will and medical power of attorney. America the completed documents to a lawyer and get the looked at and notarized. This will help.


 

 

Service Center : California Service Center on 2014-03-17Consulate : London, United KingdomI-129F Sent : 2014-03-10I-129F NOA1 : 2014-03-14I-129F NOA2 : 2014-04-07NVC Received :4/21/2014NVC Left :4/23/2014Consulate Received :2014-04-29Packet 3 Received :2014-05-01Packet 3 Sent :2014-05-01Medical Complete: 2014-05-07Packet 4 Received :2014-5-31Interview Date :2014-06-06Visa Issued: 2014-06-10Visa Package Received: 2014-06-13Arrival at POE Seattle: 2014-6-13

Married 07/07/2014

AOS Timeline
AOS package mailed 08/08/2014 (Chicago Lockbox)
NOA date 8/13/2014
Biometrics done 09/14/2014
INTERVIEW DATE!!!! 10/31/2014
Approval e-mail 10/31/2014
Card production e-mail 12/27/2011
GREEN CARD ARRIVED 11/08/201

Employment Authorization Document
CIS Office : Chicago National Office
Filing Method : Mail
Filing Instance : First
Date Filed : 2014-08-04
NOA Date : 2014-08-13
RFE(s) :
Bio. Appt. : 2014-09-04
Approved Date : 2014-09-25
Date Card Received : 2014-10-03

ADVANCED Parole
CIS Office : Chicago National Office
Filing Method : Mail
Filing Instance :First
Date Filed : 2014-08-04
NOA Date : 2014-08-13
RFE(s) :
Date Received : 2014-10-03


ROC Timeline
ROC package mailed to CSC 10/13/2016
NOA1 date 10/17/2016
Biometrics date 12/8/2016

Interview: None
Card production ordered: 03/27/2018
10-YEAR GREEN CARD ARRIVED

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8 minutes ago, Commish10 said:

Is going to cost a lot of money to re-title a house.  Title Search, Title Insurance, etc

Not necessarily.  In NY state (specifically western NY) you can just quit claim deed from husband to husband and wife.  No need for the abstract or title insurance because the named insured is still in title.  

 

It’s generally about $350-$400 for the deed and county/state recording fees. 

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2 hours ago, Commish10 said:

Is going to cost a lot of money to re-title a house.  Title Search, Title Insurance, etc

That's why a quit claim deed, as mentioned above, is so attractive. Gets your spouse's name associated with the house for only about $20.


Marriage: 2014-02-23               ROC interview/completed: 2018-08-16 - Albuquerque
CR1 started : 2014-06-06           N400 started: 2018-04-24
CR1 completed/POE : 2015-07-13     N400 interview: 2018-08-16 - Albuquerque
ROC started : 2017-04-14 CSC     Oath ceremony: 2018-09-24 – Santa Fe

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21 hours ago, KiRilie said:

I received an RFE yesterday 2/3/19.

Good Faith Marriage, insufficient evidence. You provided the following evidence that the marriage as entered in good faith:

-auto-insurance

- Bank Statement

- health insurance

- letters

-photographs

-travel documents

-tax documents

Aside from no lease or mortage together, it does look strange that you did not submit ANY utility bills showing both names at the same address when you have been living together in the US for nearly two years.  Phone, cell phone, electric, gas, water, internet, cable TV, etc.?  So submit all utility bills, hopefully you are both listed on them, if not add the missing spouse and submit them.  Also, what about beneficiary on retirement plans, investments, will, living will?  Send them everything they suggested that you send.

Edited by carmel34
*

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5 minutes ago, carmel34 said:

Aside from no lease or mortage together, it does look strange that you did not submit ANY utility bills showing both names at the same address when you have been living together in the US for nearly two years.  Phone, cell phone, electric, gas, water, internet, cable TV, etc.?  So submit all utility bills, hopefully you are both listed on them, if not add the missing spouse and submit them.  Also, what about beneficiary on retirement plans, investments, will, living will?  Send them everything they suggested that you send.

They have already stated that the shared address is listed in the other documents, so sending in bills will not suffice, otherwise what she sent would already be enough.  They are also not asking for anything else, except for proof of cohabitation.  A will/other benefit statements, while good evidence, isn’t what they want here.

 

I don’t know where everyone else lives but I cannot get utility bills to show two names.  Neither our mobile bill or cable/internet, so we sent none of those.  Just kept it simple with taxes, banking, asset ownership, leases, and driver licenses.  

 

I think everyone overthinks the i751.  It’s a burden filing to process the removal of conditional status.  Showing that you share finances and live together is (very simply stated) what they’re looking for.  Too many people, I find, are focusing on quantity of evidence rather than quality.  

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10 minutes ago, Cryssiekins said:

I think everyone overthinks the i751.  It’s a burden filing to process the removal of conditional status.  Showing that you share finances and live together is (very simply stated) what they’re looking for.  Too many people, I find, are focusing on quantity of evidence rather than quality.  

Based on their RFE, clearly they didn't submit enough quality or quantity of evidence.  No lease, no joint mortgage or deed, no driver's licenses, no utility bills, all things asked for in the RFE because most couples married for two years have them.  My husband is listed on all of my utility bills and he lives in Brazil. All it took was a phone call.

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4 minutes ago, carmel34 said:

Based on their RFE, clearly they didn't submit enough quality or quantity of evidence.  No lease, no joint mortgage or deed, no driver's licenses, no utility bills, all things asked for in the RFE because most couples married for two years have them.  My husband is listed on all of my utility bills and he lives in Brazil. All it took was a phone call.

To me, the bottom half of the RFE is the standard language.  The paragraph above that one, says insufficient evidence of joint occupancy.  

 

More evidence doesn’t hurt, of course, but I would say the evidence of joint occupancy is most important since she already sent financial stuff.  And to me, a driver license or lease/deed/mtg is stronger than utility bills, only bc it stated that their financial docs already display the same address. 

 

I’m more impressed with people who have joint utilities.  Gas/electric here will only put one name on the account, as with Verizon.  They have an internal record that states each of us is authorized, but I couldn’t get a letter to that effect.  Maybe just the individuals I dealt with on the phone. 🤷🏻‍♀️

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I couldn't get on any utilities either so we didn't bother with those. We used our lease, and driver's licenses to show we live in the same place. And I suppose our bank/health insurance statements also had the same address. I also included my W2s and some pay stubs to show I had that same address registered for my income and taxes.


ROC from CR-1 visa (Green Card expiration date was Nov 24th 2016)

 

Link to the evidence I submitted. Be sure to send evidence spanning your entire marriage (especially for K-1) or as far back as you can. Just one or two bank statements will not cut it. I primarily focused on the two years of living here since I came in on a CR-1. If you don't have the fundamentals (i.e. joint accounts/policies), you can explain why in the covering letter. E.g. "While we do not have joint utilities, we both contribute to them from our joint bank account".

 

September 26th 2016: I-751 package sent to CSC

September 28th 2016: Package delivered
September 30th 2016: Check cashed
October 3rd 2016: NOA1 received with receipt date of 09/28/16
November 3rd 2016: Biometrics received with appointment date of 11/14/16.
November 14th 2016: Attended biometrics appointment
October 30th 2017: Infopass appointment to get I-551 stamp
February 26th 2018: I-751 case number (aka the NOA1 receipt number) becomes trackable
March 14th 2018: Submitted service request due to being outside of processing time.

March 15th 2018: ROC approved. 535 days (1 year, 5 months and 17 days)

March 29th 2018: Card being produced

April 4th 2018: Card mailed out

April 6th 2018: Card in hand. Has incorrect "resident since" date. Submitted service request on I-751 case (typographical error on permanent resident card) and an I-90 online.

April 2018 - August 7th 2018: Tons of service requests, emails and now senator involvement to get my corrected green card back because what the heck, USCIS. Also some time in May I sent a letter to Potomac telling them I want to withdraw my I-90 since CSC were handling it.

August 8th 2018: Card in production thanks to the direct involvement of Senator Sherrod Brown's team

August 13th 2018: Card mailed

August 15th 2018: Card in hand with correct date. :joy:

October 31st 2018: Potomac sends out a notice stating they have closed out my I-90 per my request. Yay for no duplicate card drama.

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