is this enough evidence ? i751

[Pitaya 2,576]

21 minutes ago, afrocraft said:

Could you please share the text of the RFE you received? I'm particularly interested in the part that requests account statements for every month. Xie xie!

I would be glad to, but honestly of the over 30 pounds of paperwork that I have amassed during this immigration journey, that document has gone missing. As I recall from five years ago, they wanted ALL financial statement, not just quarterly, and more marriage bonafides. Take a look at our timeline and read the Lifting Conditions review, that was pretty written at about that time.

 

I think that the wills, DPOAs, and Living Wills were the one marriage bonafides that tipped the scale in our favor. But honestly at that time, we had had enough of USCIS and  all of their poking and prodding. In my response cover letter, I basically said, approve us, or deny us, and we will see you in immigration court. Remember the onus is on USCIS to prove that your marriage is a fraud. All the damn window dressing "marriage bonafides" that they consider so blessed important, doesn't hold up to what USCIS had galvanized us together  as a family to fight for our family. We had put too much time and personal effort to let some petty bureaucrat say NO. 

 

Good luck on your immigration journey. Bie keqi.

Edited May 14, 2019 by Pitaya (火龙果)
typos

[afrocraft 313]

3 minutes ago, Pitaya (火龙果) said:

I would be glad to, but honestly of the over 30 pounds of paperwork that I have amassed during this immigration journey, that document has gone missing. As I recall from five years ago, they wanted ALL financial statement, not just quarterly, and more marriage bonafides. Take a look at our timeline and read the Lifting Conditions review, that was pretty written at about that time.

 

I think that the wills, DPOAs, and Living Wills were the one marriage bonafides that tipped the scale in our favor.

Thanks. Your review doesn't state that they wanted all the statements, but that's alright. Receiving an RFE can be stressful, and applicants tend to overstate the request. Still waiting to actually see such a request in black and white. Thanks again.

[Pitaya 2,576]

14 minutes ago, afrocraft said:

Thanks. Your review doesn't state that they wanted all the statements, but that's alright. Receiving an RFE can be stressful, and applicants tend to overstate the request. Still waiting to actually see such a request in black and white. Thanks again.

I disagree. As I recall, the RFE was specific as to the level of documentation that they wanted, more marriage bonafides.  I thought that it bordered on the level of minutiae, as that I had previously sent a comprehensive quarterly financial statement that showed each of the preceding months information, but they wanted EACH monthly statement. I don't think it was so stressful as we felt that it was time for them to either interview us, or approve us, or deny us. If I recall correctly, it took us about two weeks to formulate our response to the RFE. 

 

If you really want to see such a RFE request maybe you will get your wish. They are a bit comical, they are printed on medium blue paper. They included a business-size envelope for the response...seriously (and they wanted it returned). We put the return envelope on top of the almost 4 pounds of response that we mailed to them.

 

What I see troubling now versus five years ago when we were in the middle of the fray, is that it seems that USCIS has gone into slo-mo. ALL of the processing time frames seem to have doubled in length. 

 

Good luck on your immigration journey.

[afrocraft 313]

4 minutes ago, Pitaya (火龙果) said:

I disagree. As I recall, the RFE was specific as to the level of documentation that they wanted, more marriage bonafides.  I thought that it bordered on the level of minutiae, as that I had previously sent a comprehensive quarterly financial statement that showed each of the preceding months information, but they wanted EACH monthly statement...

I hear you, and I appreciate your comment (and the subtle warning!). Unfortunately we don't have the actual letter to review, and recall bias is a five-letter b-word. "More bona fides" does not necessarily mean "every monthly statement"; if that were the standard, 98% of applicants would be denied. Candidates who provide strong, multi-year evidence of cohabitation, co-mingled finances, shared life experiences, and joint planning for the future do just fine without every month's statement.

[Pitaya 2,576]

I would not care to characterize myself as being able to speak for USCIS in describing what they intend as marriage bonafides. I am glad that you have the experience of successfully having your conditions on your residence removed. As one that has successfully been there and done that, all I can say is what I recall of the experience.

 

BTW, please consider helping everyone that uses the forum and

 

Good luck on your immigration journey.

[Tunisian_tunisia 13]

4 hours ago, Pitaya (火龙果) said:

I would not care to characterize myself as being able to speak for USCIS in describing what they intend as marriage bonafides. I am glad that you have the experience of successfully having your conditions on your residence removed. As one that has successfully been there and done that, all I can say is what I recall of the experience.

 

BTW, please consider helping everyone that uses the forum and

 

Good luck on your immigration journey.

To be honest when i read about what people went through during and then look at the amount of evidences i have i lose all my confidence lol. I just want to know how good are my evidence as they are currently?! 

I dont think we are going to invest in a 401k yet because we are planning on having a different investment for retirement. But I don’t want to receive and RFE just because our plans are a little far into the future and we didn’t start them yet....

[afrocraft 313]

10 minutes ago, Tunisian_tunisia said:

To be honest when i read about what people went through during and then look at the amount of evidences i have i lose all my confidence lol. I just want to know how good are my evidence as they are currently?! 

Relax. Don't take what people write here too seriously. Many are misinformed or overly reliant on urban legends about USCIS lol. What matters most is what the regulations and precedent legal cases say. Most people are understandably reluctant to wade through legal minutiae. 

 

Here's what the regulation [8 CFR § 204.2(a)(1)(iii)(b)(1)-(6)] actually says:

Quote

(B)Evidence to establish eligibility for the bona fide marriage exemption. The petitioner should submit documents which establish that the marriage was entered into in good faith and not entered into for the purpose of procuring the alien's entry as an immigrant. The types of documents the petitioner may submit include, but are not limited to:

(1) Documentation showing joint ownership of property;

(2) Lease showing joint tenancy of a common residence;

(3) Documentation showing commingling of financial resources;

(4) Birth certificate(s) of child(ren) born to the petitioner and beneficiary;

(5) Affidavits of third parties having knowledge of the bona fides of the marital relationship (Such persons may be required to testify before an immigration officer as to the information contained in the affidavit. Affidavits must be sworn to or affirmed by people who have personal knowledge of the marital relationship. Each affidavit must contain the full name and address, date and place of birth of the person making the affidavit and his or her relationship to the spouses, if any. The affidavit must contain complete information and details explaining how the person acquired his or her knowledge of the marriage. Affidavits should be supported, if possible, by one or more types of documentary evidence listed in this paragraph); or

(6) Any other documentation which is relevant to establish that the marriage was not entered into in order to evade the immigration laws of the United States.

 

And the controlling legal case, Matter of Phillis (1975), decided by the Board of Immigration Appeals, says:

Quote

The burden is on the petitioner to establish eligibility for the benefits sought. Matter of Brantigan, 11 I. & N. Dec. 493 (BIA 1966). The petitioner, therefore, must present evidence to support the existence of the marriage, i.e., the marriage certificate and proof of termination of any prior marriages. 8 CFR 204.2(c)(2). Further, where there is reason to doubt the validity of the marital relationship, he must present evidence to show that it was not entered into the primary purpose of evading the immigration laws. 

 

That evidence could take many forms, including, but not limited to, proof that the beneficiary has been listed as the petitioner's spouse on any insurance policies, property leases, income tax forms, or bank accounts; and testimony or other evidence regarding courtship, wedding ceremony, shared residence and experiences. The conduct of the parties after marriage is relevant to their intent at the time of marriage. Lutwak v. United States, supra. Where the parties have never lived together, the amount of evidence required to establish that the marriage was not entered into for the fraudulent purpose of evading the immigration laws may be considerable. 

You be the judge.

[TBoneTX 43,019]

15 hours ago, Tunisian_tunisia said:

I don’t have any of these, do i have to make an explanation why?! Also I’m only a month away from submitting ROC wouldn’t it be suspicious to get these evidence only right before applying?!

Wills, medical powers of attorney, and similar documents make excellent evidence for ROC, and they're even more crucial to have in "life."  Some people have lawyers do them; others use services like legalzoom.com, and others take their chances with state-specific forms that they find on the Internet.

 

Regardless of how you choose to proceed, draft them!  They're too important to be without.  Your ROC gives you additional incentive.  
 

[Pitaya 2,576]

10 hours ago, TBoneTX said:

Wills, medical powers of attorney, and similar documents make excellent evidence for ROC, and they're even more crucial to have in "life."  Some people have lawyers do them; others use services like legalzoom.com, and others take their chances with state-specific forms that they find on the Internet.

 

Regardless of how you choose to proceed, draft them!  They're too important to be without.  Your ROC gives you additional incentive.  
 

I have agreed with T-Bone on this topic for years.

 

When we got our RFE, we included these legal documents with the RFE response. I believe that was a big marriage bonafide as far as USCIS is concerned, and helped in getting our ROC petition approved, IMHO. We were quite satisfied with the service provided by Legazoom.com, there are also other choices available as mentioned. 

 

Additionally, as my old amigo, T-Bone, mentions, these documents will likely serve you well in your lives together. Should you die suddenly, intestate, you can result in you leaving your  surviving spouse in a precarious legal and financial situation.  

 

Good luck on your immigration journey.

[TBoneTX 43,019]

49 minutes ago, Pitaya (火龙果) said:

Should you die suddenly, intestate, you can result in you leaving your  surviving spouse in a precarious legal and financial situation.  

And cursing your name and memory forever -- really!

[bachelorette 0]

i gave like 40-50 pictures. i think pics are key!!! 

[Tunisian_tunisia 13]

3 hours ago, bachelorette said:

i gave like 40-50 pictures. i think pics are key!!! 

Did you give wills and 401 k ?! 

[bachelorette 0]

1 hour ago, Tunisian_tunisia said:

Did you give wills and 401 k ?! 

I don't have any wills but I gave 401k beneficiary info. 

[Tunisian_tunisia 13]

12 hours ago, bachelorette said:

I don't have any wills but I gave 401k beneficiary info. 

What about life insurance?!

also when you give the beneficiary info on the 401k does it show how much money you have saved on your 401k?! If yes does it matter how much money is on it ?!

[bachelorette 0]

3 minutes ago, Tunisian_tunisia said:

What about life insurance?!

also when you give the beneficiary info on the 401k does it show how much money you have saved on your 401k?! If yes does it matter how much money is on it ?!

i didnt do life insurance. i didn't show how much money i had in my 401k. oh i also gave IRA beneficiary as well. We were lucky. He wasn't on my health insurance because it was cheaper for him to be on his through work...we didnt have any joint car insurance or owned a house. he couldnt even be on the lease! the landlord wrote a nice affidavit saying he lived there since the lease started, etc. we didnt share phone plans either cause he got his through work. thats why i sent like 40-50 pics. he hated taking pics and i would be like this is for immigration haha! cant use that excuse anymore.