I751 RFE Need Advice

[PostOakGuy 13]

So my wife and I received an RFE on our I 751 for Insufficient Evidence.

 

This is what our RFE says USIC has received:

 

Copy of Auto Insurance

Copy of Health Insurance

Copy of Income Tax Return 2016, 2017

Copy of Credit card

Photos

 

I also sent a copy of both of our drivers license that shows our address but apparently USCIS didn't get it, I will send again.

 

However, the letter states the documentation is insufficient because the record lack evidence of joint financial and shared residence.  I'm not sure how to proceed or if I should hire an attorney.

 

I realize that I should have added my wife to my primary checking account years ago but I did not.  I tried adding her to my checking account during AOS but my bank would not let me because she didn't have a drivers license.  We were married at least a year before she got a drivers license.  We did open a joint Checking account through Capital One in November 2015 that my wife has used sporadically that I can send, however, I would suspect USCIS is looking for more.  My wife is an authorized user on all my credit cards to use anytime she needs.

 

Our home is paid for but it's in my mothers name.  Our utility bills are in my mothers name and she pays for them.  My cellphone bill ( for my mother, my wife, and me) are in my name.  Nothing I can do now.

 

I do own a home, and I could put my wife on the deed but we have never lived there.  My mother lives at that address.

 

I have a 401K that I can put my wife as beneficiary, but it will show the date that I added my wife.  I'm debt free and own everything out right, so during our marriage there was never an opportunity to add my wife to a car loan or house loan etc.

 

Hindsight 2020, I wish that I had not been so complacent and that I would have tried to co-mingle finances more.  However, I'm established and my goal was to get my wife established. ( high credit score etc).  It seems like I'm stuck and not a lot of further evidence I can provide to USCIS.

 

Other than adding some Affidavits from family, friends and neighbors, what could we do?

 

At this point, my wife and I would love to just go to an interview and prove a bona fide marriage.  After we respond to the RFE, if USCIS isn't satisfied, will they automatically give us an interview or just deny the I751?  We also having a pending n400 that was sent on December 2018.

 

 

Any suggestions??????????????

 

 

 

 

 

 

 

 

[p-ana 933]

Write a statement outlinining everything as you just did here. You can still add her to the things you said even now.

[Sarah&Facundo 576]

Add her name to the checking account and add her to your retirement funds. A driver's license should not matter. I added my husband the week after our wedding, way before we even received the EAD or green card. Both of these processes took 5 minutes when I went to the banks. Then resubmit the documents. 

 

My phone plan is also under my mom. I printed out my phone bill which listed all the numbers. I highlighted my number and my husband's number and listed who had each one so they can see we are on the plan together.

Edited March 3, 2019 by Sarah&Facundo

[PostOakGuy 13]

I'm going to add her to my checking account and retirement accounts, however, that's not going to cover the past three years.......Isn't that what USCIS is looking for?

[Liam2021 556]

You lacking too many evidences:

- Join checking account.

-Join car purchase/finance.

- Join Utility bill.

-Gym membership list spouse as a emergency contact.

-Join retail membership(Costco/Sam).

-Vacation/Travel itinerary with both name on it.

-Boarding pass , picture which you took during your vacation..

 

[Springleaf 37]

24 minutes ago, PostOakGuy said:

I'm going to add her to my checking account and retirement accounts, however, that's not going to cover the past three years.......Isn't that what USCIS is looking for?

If you look around in other threads, people have added their spouses to their wills and retirement fund closer to the filing date and it has not been an issue. It shows financial comingling and that is what they are looking for.

Write a cover letter explianing the reasons and it should be fine.

Also, you can add other evidence as suggested by another person.

Good luck.

[Georgia16 2,858]

1 hour ago, PostOakGuy said:

So my wife and I received an RFE on our I 751 for Insufficient Evidence.

 

This is what our RFE says USIC has received:

 

Copy of Auto Insurance

Copy of Health Insurance

Copy of Income Tax Return 2016, 2017

Copy of Credit card

Photos

 

I also sent a copy of both of our drivers license that shows our address but apparently USCIS didn't get it, I will send again.

 

However, the letter states the documentation is insufficient because the record lack evidence of joint financial and shared residence.  I'm not sure how to proceed or if I should hire an attorney.

 

I realize that I should have added my wife to my primary checking account years ago but I did not.  I tried adding her to my checking account during AOS but my bank would not let me because she didn't have a drivers license.  We were married at least a year before she got a drivers license.  We did open a joint Checking account through Capital One in November 2015 that my wife has used sporadically that I can send, however, I would suspect USCIS is looking for more.  My wife is an authorized user on all my credit cards to use anytime she needs.

 

Our home is paid for but it's in my mothers name.  Our utility bills are in my mothers name and she pays for them.  My cellphone bill ( for my mother, my wife, and me) are in my name.  Nothing I can do now.

 

I do own a home, and I could put my wife on the deed but we have never lived there.  My mother lives at that address.

 

I have a 401K that I can put my wife as beneficiary, but it will show the date that I added my wife.  I'm debt free and own everything out right, so during our marriage there was never an opportunity to add my wife to a car loan or house loan etc.

 

Hindsight 2020, I wish that I had not been so complacent and that I would have tried to co-mingle finances more.  However, I'm established and my goal was to get my wife established. ( high credit score etc).  It seems like I'm stuck and not a lot of further evidence I can provide to USCIS.

 

Other than adding some Affidavits from family, friends and neighbors, what could we do?

 

At this point, my wife and I would love to just go to an interview and prove a bona fide marriage.  After we respond to the RFE, if USCIS isn't satisfied, will they automatically give us an interview or just deny the I751?  We also having a pending n400 that was sent on December 2018.

 

 

Any suggestions??????????????

 

 

 

 

 

 

 

 

Did you just submit one copy of each thing or throughout the whole marriage? 

 

Add taxes for 2015 and 2018 also. 

Do you have the credit card statements that show you are both using the cards? If yes send that also. 

You have to write a letter stating that you don’t have other shared financial stuff since you really don’t have much. Also in your case I would get affidavit from your mom saying you live together with her and bla bla. 

 

Just remember what you send in have to cover the intire marriage. 

[PostOakGuy 13]

That is exactly my point that I think everybody is missing.  I have three months to respond to the RFE, I filed the ROC 1 year ago.  When I respond to the RFE, I will have at best 2 months of statements with primary checking account and retirement statements with her name added.

 

 

[p-ana 933]

22 minutes ago, PostOakGuy said:

That is exactly my point that I think everybody is missing.  I have three months to respond to the RFE, I filed the ROC 1 year ago.  When I respond to the RFE, I will have at best 2 months of statements with primary checking account and retirement statements with her name added.

 

 

Better having the two months as opposed to no months. Add her to whatever you can and write a statement on why things have worked out to this point, like you explained in your op. 

[PostOakGuy 13]

I'm going to get as much evidence as I can....  Can USCIS deny our I751 without an interview first?

[Georgia16 2,858]

35 minutes ago, PostOakGuy said:

That is exactly my point that I think everybody is missing.  I have three months to respond to the RFE, I filed the ROC 1 year ago.  When I respond to the RFE, I will have at best 2 months of statements with primary checking account and retirement statements with her name added.

 

 

No I mean for the stuff you have already submitted. Did you only send one copy? Or did you show car and healt insurance all the way throughout your marriage? Credit card did you send statements from the time she was added and TIL you send off the ROC or did you literally only send one copy showing the two cards? 

 

If if not you can include all that also. 

6 minutes ago, PostOakGuy said:

I'm going to get as much evidence as I can....  Can USCIS deny our I751 without an interview first?

Yes. 

[PostOakGuy 13]

No, I just sent our insurance cards.  I did not send quarterly statements for anything.  I'm going to resend quarterly statements for as far back as I can on everything.  I will have to resend everything updated since our shared finances our lacking.

 

 

 

 

 

[Georgia16 2,858]

1 minute ago, PostOakGuy said:

No, I just sent our insurance cards.  I did not send quarterly statements for anything.  I'm going to resend quarterly statements for as far back as I can on everything.  I will have to resend everything updated since our shared finances our lacking.

 

 

 

 

 

Yes exactly. Just sending pictures of cards are not enough at all so that’s clear why you got a RFE. 

So now the work starts on finding and submitting everything. You got this. 

[jay&mildred 5]

This is what I sent , hope it helps.

Copy of our marriage certificate, translated to English 

Copy of my DL and my wife's ID showing same address 

Copy of joint checking account statements 

Copy of joint savings account statements 

Copy of Credit card statements with my wife as authorized user, I also provided copy of both our CC... just in case

Taxes from 2017 and 2016 (full return and transcript) 

Lease agreement with both our name, with notarized stamp

Joint auto insurance policy 

Auto insurance bill statements sent out to us

Car title with both our name on it

Car registration with same address and both our name on it

My Life insurance policy showing my wife as beneficiary 

My wifes Life insurance policy showing me as beneficiary 

Cellphone prepaid statements showing both our name on it 

Call log showing daily communication between us

Chat log showing daily communication between us

4 affidavits 

Travel ticket's showing we traveled together

Like 50 pictures 

 

 

I did not provide utility bill because the rent included all utilities, it states it on the lease. I did not provide any health insurance because I was a temp to hire at my job and didn't have full benefits kick in after like 3 months. Good thing is that now I do have health insurance for me and my wife just in case I get a RFE, We hope we don't. 

 

[Sukie 1,439]

4 hours ago, PostOakGuy said:

I'm going to get as much evidence as I can....  Can USCIS deny our I751 without an interview first?

PostOakGuy - some people have reams of evidence, and others do not.  Your evidence is skinny, but you have a chance to show that you trust your spouse enough to add her to what you can.  Your letter to us here is EXACTLY what you should send to USCIS.  If the checking account statements show transactions to support your living situation, your utilities, etc, then send every statement since you opened the account.  If you had lots of other evidence, I would just suggest quarterly statements - but IF you have lots of everyday transactions in the checking account, send every page of every statement.

 

It's OK to explain that you were guarding your credit score.  It's OK to explain that the bank would not let your spouse on the account because she did not have a driver's license.  Don't be whiny in your letter - just state the facts.

 

And, if you can, create wills.  There is nothing like showing USCIS that your relationship is real by sending a will showing that you are protecting your spouse should you pop off.

 

Don't worry about the dates.  A flurry of activity now shows you are darned serious.  And, if you get called for an interview, then you can show them in person.

 

Just breathe first, then start stacking the paper to send them.

 

Good luck!

 

Sukie in NY