Jump to content

RFE as students living at home

5 posts in this topic

Recommended Posts

Hello All,


My Danish husband and I filed our I-751 in December 2017, and were concerned to get an RFE late last month. We are living in an a-typical situation in which we are married but also still students living with my parents. We don't really have many bills because my parents are very gracious and generous (I know we are blessed and I don't take this for granted even one day!) They chose to help us out financially for now while we finish school ( my husband and I are both studying accounting).  I should also mention we are currently not working because we are close to finishing school and want to expedite the process so we can get out and work a good benefits/decent salary job right after the degrees are completed.


In our I-751 we submitted:


notorized powers of attorney

living wills

landlord agreement (contract with parents)

life insurance policy

explanation page (discussing our situation as students with limited income and bills)

joint investment trading profile with Ameritrade

evidence of university education

joint bank statements

foreign spouse state ID

affidavits from multiple people

joint amazon prime membership

honeymoon pictures in europe and flight tickets

evidence of a small business venture we are working on as a couple


I am aware that we are lacking in things like leases, having a child, and big bills like mortgages etc, but we are simply not in the position to do that at the moment.  We are living a very simple life right now until school is complete.


In the RFE letter USCIS sent us, they only  commented that we didn't send enough bank statements and thus are not proving that we still share a life together or have a marriage in good faith.  We only sent USCIS a few bank statements rather than all of them and I didn't realize that was a mistake. USCIS did not making any other specific comments, they just gave us the standard list of evidence they would accept, like having a child or getting a mortgage. But like I said, we are not in the position to do things like that just yet.  


Is it possible that USCIS is only concerned with the bank statement thing, or is there more to this letter that they simply did not disclose to us?

What are everyone's comments on how to strengthen our situation? We want to send a solid RFE reply. Thank you for the constructive feedback!

Share this post

Link to post
Share on other sites

Definitely send all the bank statements in your situation. Do you have a joint credit card? Also, send in all your taxes showing you filed as married all these years. 

K-1 + K-2:                                                                                                                                AOS from K-1 + K-2:

02/02/16....I-129F mailed to Lewisville, TX                                                                       08/25/16....AOS package mailed to Chicago, IL

02/03/16....Delivered at Lewisville, TX                                                                               08/26/16....Delivered at Chicago, IL

02/08/16....NOA1 Text & E-mail. Case sent to CSC                                                         09/01/16....NOA1 Text & E-mail

02/12/16....NOA1 Hard copy received                                                                               09/09/16....NOA1 Hard copy received

03/24/16....NOA2 (45 days)                                                                                                 09/15/16....Bio-letter received for K-1/K-2 for Sep. 26th

03/29/16....NOA2 Hard copy received                                                                               09/19/16....Bio appointment done (Walk-in)

03/31/16....Medical                                                                                                              11/01/16.....EAD/AP approved

05/26/16....Interview                                                                                                            11/16/16.....EAD/AP card received

06/10/16....Visa in hand                                                                                                       03/08/17.....AOS Approved - No interview

06/21/16....POE Atlanta                                                                                                       03/15/17.....Green cards in hand




ROC from K-1 + K-2:

12/08/18....ROC window opens

12/13/18....I-751 mailed to Lewisville, TX

12/14/18....Delivered at Lewisville, TX

12/20/18....Text with case number. TX service center

12/24/18....NOA1/Extension letter received





Share this post

Link to post
Share on other sites

Hi, we are in a similar situation we sent the following as proof of residency:

1. Drivers License with the same address

2. Contract with my mother in law that we live there and a copy of the utility bill under her name

3. All of the bank statements since 2014

4. Copies of our share CC

5. Savings account

6. AAA membership you can use Costco too

7. Car insurance

We filed in April 2018 but have not heard anything but biometrics since then we hope we dont get an RFE. I see a lot of couples living with family in this blog and in the FB group I dont think that will be the issue.


Share this post

Link to post
Share on other sites

You can’t send what you don’t have, so focus on what you can produce.


Send in ALL banking statements, if you share a credit card, send those in as well.  The IRS tax transcripts showing filing as married.  If there are any assets (car titles etc) that both names are on.  


Maybe the bills showing both cell phones. Health insurance if you’re both on the same plan.  


Then write an explanation as to why other items are missing. I know you already did that, but sometimes you have to do things twice (or more) with USCIS.  For my husband and I, I explained why we didn’t have joint car insurance for the whole time, etc. 


It’s not strong evidence, but perhaps some affidavits, especially from your parents explaining they help financially.  

Share this post

Link to post
Share on other sites
On 3/19/2019 at 10:37 AM, Cryssiekins said:

You can’t send what you don’t have, so focus on what you can produce.


Send in ALL banking statements, if you share a credit card, send those in as well.  The IRS tax transcripts showing filing as married.  If there are any assets (car titles etc) that both names are on.  

I'll second this.  Sounds like they want more bank statements, so send what you got.  It's a bit of luck of the draw with the reviewers from reading this forum.  Some people send the kitchen sink of good evidence and get an RFE...others seem to barely send anything with an unusual situation and get approved.  


May 14, 2016: Sent I-130 Package to Chicago Lockbox

May 18, 2016: Chicago Lockbox received package.

May 20, 2016: NOA1 Notice Date with priority date of May 18. Sent to Nebraska Service Center

May 23, 2016: NOA1 E-mail

Oct 21, 2016: NOA2 Notice by App

Nov 2, 2016: USCIS sent to NVC



Nov 8, 2016: NVC Received

Nov 16, 2016: Case Number Assigned

Nov 18, 2016: DS-261 submitted and AOS fee paid

Nov 23, 2016: IV Fee Invoiced and paid

Nov 30, 2016: IV and AOS Packages Sent (EP)

Dec 4, 2016: DS-260 Submitted

Dec 5, 2016: NVC Scan Date

Dec 6, 2016: NVC 3 N/A and Case Complete on Phone [1 day later!]

Dec 13, 2016: NVC CC e-mail

Dec 15, 2016: Found out interview date by phone

Jan 23, 2017: Interview...Approved!


Jan 30, 2017: POE Toronto Pearson Airport


Removing Conditions

Nov 2, 2018: Sent I-751 to Arizona Lockbox

Nov 7, 2018: Apparent receipt date (SMS notification on 11/9)

Share this post

Link to post
Share on other sites
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.