More evidence required

[afrocraft 313]

10 hours ago, Dorian said:

I can tell you for a fact that I sent all the same paperwork in and more because I did it all myself without an attorney, and they still came back and asked for additional information.  Unfortunately, this is the new normal.  It seems no matter how much proof you send in, they are going to wait until the last minute and ask for more.  My advice is to just keep sending as much proof as you can and try to make an appoint ment and talk to someone at your closest office location.  That is what worked for us.

Respectfully, I strongly disagree with this and similar advice above. Nothing has changed about the I-751 ROC petition. The standard of evidence is till the same (preponderance of the evidence). The problem, I believe, is that applicants focus too much on the volume of evidence, rather than its quality.

 

High-quality submissions for ROC:

• Show all four of the main features of a bona fide marriage: 1) shared residence, 2) co-mingling of finances, 3) shared experiences, and 4) joint planning for the future. The link below suggests different types of evidence for each feature (click the arrow to go directly to my post). Pay attention to the evidentiary strength of the evidence; some documents are stronger than others.
• Span the duration from marriage to the present (for each evidence submitted, within reason), or provide a believable explanation for the gaps in evidence.
• Use an "Evidence Guide" to smartly summarize the evidence for the (lazy) USCIS officer (do you really think they go through each and every document you send?) See second link below for how to create a one-page snapshot of your evidence. Good luck!

Edited August 22, 2019 by afrocraft

[Ash.1101 1,755]

Do you have a copy of the RFE?

If not, ask your attorney for the copy of it.

Usually it will state what they received and what they are asking for.

If they did not say that they received any of the things you sent, or that things you believe should have been sent are missing, resend anything not listed as received.

Edited August 22, 2019 by Ash.

[Ash.1101 1,755]

21 hours ago, Dorian said:

I can tell you for a fact that I sent all the same paperwork in and more because I did it all myself without an attorney, and they still came back and asked for additional information.  Unfortunately, this is the new normal.  It seems no matter how much proof you send in, they are going to wait until the last minute and ask for more.  My advice is to just keep sending as much proof as you can and try to make an appoint ment and talk to someone at your closest office location.  That is what worked for us.

I wouldn't say this is the new normal. For May 2018 filers, over half of us were approved without interview.  A good number of people having significantly less proof than the OP.

My husband was approved without interview and we forgot to include W2's and rental agreement for 2016, but we had -a lot- of financial commingling (car loans, stock plans, 401ks, etc.) to make up for it.

Good rule of thumb is, send everything you have. Take a look at what is "normally" accepted as okay and try to at least meet that standard, but be prepared for RFE even if you think you're fine.

We did not send Drivers License, Will/Power of Attorney, medical insurance plans (ours are separate), 2016 rental agreement, and forgot to include W2's.  We had already requested Tax transcripts, cat adoption paperwork, proof that we are each others contacts at work and on our medical forms, Drivers License scans, and more just incase of an RFE.

This is what we sent in.
 

• Joint Car loan for 2016 Nissan Rogue in both our names
• Joint Car loan for 2016 Hyundai Accent in both of our names (sent the actual loan agreement for both and statements)
• Joint bank account where all of the money goes in both of our names (Four-Five COMPLETE monthly statements for 2016, 2017, and two statements from 2018)
• 2016 and 2017 tax returns filled jointly
• Document showing we are each others  beneficiaries for our own stock plans
• Document showing we are each others  beneficiaries for our own 401Ks 
• Documents showing we are each others beneficiary to life insurance plans
• Cable bill in his name to our home address
• Electric bill in my name to our home address
• Pay stubs showing same home address
• Apartment lease in both of our names for 2017-2018, 2018-2019 (did not provide 2016-2017)
• School registration showing that he is an emergency contact for my daughter
• Car insurance for both cars in both of our names
• Renters insurance in both of our names for our apartment
• Christmas cards addressed to us
• Pictures of us on vacation, out with my daughter, family gatherings etc. Printed on regular paper, hand wrote dates and event if there was an event. Only about 5-8 pictures.
• Hotel bill/Reservations from vacation (two vacations)

Edited August 22, 2019 by Ash.

[afrocraft 313]

13 hours ago, Ash. said:

Good rule of thumb is, send everything you have. Take a look at what is "normally" accepted as okay and try to at least meet that standard, but be prepared for RFE even if you think you're fine.

Ugh. I know you mean well, but this is terrible advice. Be focused; don't "send everything you have." Why close your eyes and shoot when you can keep them open and aim for the target?

 

There is a logic to ROC evidence. Follow it and I guarantee you'll be fine. I will illustrate by rearranging and categorizing your own list, below. In each of the four categories -- cohabitation, financial co-mingling, shared life experiences, and planning for the future -- I will arrange the evidence so that the strongest ones (subjectively speaking) come first.

 

13 hours ago, Ash. said:

This is what we sent in.

Evidence of Cohabitation

• Apartment lease in both of our names for 2017-2018, 2018-2019 (did not provide 2016-2017)
• Renters insurance in both of our names for our apartment
• Cable bill in his name to our home address/Electric bill in my name to our home address
• Pay stubs showing same home address
• Christmas cards addressed to us

Evidence of Financial Co-mingling

• 2016 and 2017 tax returns filled jointly
• Joint bank account where all of the money goes in both of our names (Four-Five COMPLETE monthly statements for 2016, 2017, and two statements from 2018)
• Joint Car loan for 2016 Nissan Rogue/2016 Hyundai Accent in both of our names (sent the actual loan agreement for both and statements)
• Car insurance for both cars in both of our names

Evidence of Shared Experiences

• School registration showing that he is an emergency contact for my daughter
• Hotel bill/Reservations from vacation (two vacations)
• Pictures of us on vacation, out with my daughter, family gatherings etc. Printed on regular paper, hand wrote dates and event if there was an event. Only about 5-8 pictures.

Evidence of Joint Planning for the Future

• Document showing we are each others  beneficiaries for our own stock plans
• Document showing we are each others  beneficiaries for our own 401Ks 
• Documents showing we are each others beneficiary to life insurance plans

Furthermore, notice how you supply evidence across multiple years (2016-2018), especially in the most important categories (cohabitation and co-mingling of finances). Guaranteed success; no interview needed!

[bigjailerman 318]

I would also send more if the same evidence you already sent it but instead coverring the dates after your initial submissions. Also a will is a great tool. If you have volunteer clearances for schools or churches is also strong because it includes FBI clearance as well

[camerica 59]

On 8/20/2019 at 4:08 PM, jsree84 said:

Hi everyone,

 

It's been a while since I logged on and I thought I could put this behind me, but Trump Administration hasn't been making things easy. So, I'll get right into it:

 

1) Our immigration attorney filed for our i-751 sometime last year in September and I received a letter to get my biometrics done. That was easy, went without a hassle. 

2) We recently received a letter asking for more evidence of our marriage (even though we submitted our joint taxes for 2017 and 2018, joint bank statements,  house deed, and more proof (travel tickets/photos) to proof the legitimacy of our marriage

3) Our attorney asked for more info such as: joint account bank statements, receipt of our puppy that we got together last year, membership to places we have as a couple etc. We did and she said it wasn't enough and she suggested transcript of our taxes and letters of affidavit - primarily from my in-laws because they live here.

 

I'm planning on drafting out a letter on her behalf, but I would love some pointers/advice/anything at all to help us. It's been so stressful and I feel my lawyer isn't up to par, which is frustrating in itself. 

 

Has anyone had to do that (letters of affidavit) and can you share some pointers? I'm researching more, but i thought it'd be prudent to first ask around here. they 

 

Thank you everyone in advance and please forgive me if this isn't the right space to post this. 

 

Thanks

Jai 

 

 

I went through this as well and had similar evidence to what you had. I had 4 affidavits done by folks who have known us jointly from the beginning of our relationship. Family, friends and a boss. The letters contained how our being together has been beneficial for both of us. The letter writers included how they can see our love for one another etc. So, really the letters have to be about the emotional aspects of our relationship and marriage. I think it is unfortunate that some folks get lawyers. I was going to but someone who had been through the process said it was really a huge waste of money because we can fill out the paperwork and do what needs to be done, based on instructions. Having a lawyer does not get you to the front of the line or accepted any faster or more easily.