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Hey VJ,

I applied for my i-751 on Dec 31, 2018. I had my biometrics done in June 2019. On Oct 21, 2019 I received a RFE stating that " the documentation submitted is insufficient because it is not enough to demonstrate that you and your spouse have remained in a bone fide relationship since your marriage.." We had submitted the following with the initial application

  • Lease agreement from July 2018 - July 2019
  • Auto insurance
  • Wells Fargo Bank statement from our Joint saving account (very little activity here, less than 15 transactions a year. It's our "rainy day" fund)
  • Health Insurance (2016, 2017, 2018)
  • Joint Income Tax Returns (TurboTax copy, not IRS) 2016 and 2017. Plus W-2 for 2016 and 2017
  • Energy Bills (water, sewer, trash in my spouse's name)
  • Internet Bills (in my name)
  • Travel (several flight tickets and visa)
  • Photos (starting from when we started dating in 2012 to December 2018. About 25 pictures)

 

We do not share a joint checking account. We've been dating since college, and it just works best for us to keep our finances that way. I pay for rent and some utilities, spouse pays for food, and insurance.

We don't own any property. We don't have phone bills together (I use the company phone). We don't have any memberships anywhere (I'm sure Netflix, hulu, and HBOnow don't count). We don't have any kids. We don't have any loans/debt either jointly or otherwise.

We've been together for 7+ years, married for 3.5 years. Met in college. My case number is LIN19901727XX

 

I replied to the RFE in a day with the following:

 

  • Signed letter from the apartment management company stating he has us as residents since Jan 2016 (couple of months before our marriage) to August 2019. We lost our copy of the lease, and apartment management company didn't want to dig through their paper records in their offsite storage location (lazy), but agreed to send a signed letter on company letterhead.
  • Apartment lease acceptance letter, signed by property manager, stating our lease has been signed, accepted, and executed, and what our move in date is for 2016 and 2017. (2 letters; one for 2016, one for 2017 when we renewed our lease)
  • Complete lease from 2018 - 2019.
  • Certificate of Rent Paid received from MN state for 2016, 2017, and 2018. (showing both our names)
  • New lease signed from August 2019 - July 2020.
  • Water/Trash bills in spouse name for 2 years (24 total. Website doesn't have statements older than 2 years)
  • Internet bills in my name (24 total. Website doesn't have statements older than 2 years)
  • Auto Insurance letters from the company going back to 2016.
  • Letter from employer stating we are each other's beneficiary for Life/Disability Insurance and 401K.
  • Letter from life insurance company showing joint coverage and limits.
  • Joint Health Coverage documentation for 2016, 2017, and 2018.
  • Joint eye/dental insurance documentation for 2016, 2017, 2018
  • Joint Tax Returns from IRS website for 2016, 2017, and 2018.
  • We have two cars in my name. They were purchased before our marriage in 2016. I sent copy of title and explained why they aren't jointly owned.
  • Pictures with friends/family/travel for last 3 years. (30 total)
  • Copy of sister-inlaw marriage certificate (I was one of the 2 witnesses).
  • Travel stuff for 2019 (tickets, hotel bills, pictures)
  • Random assortment of medical bills received at our address for the last 2 years (about 12)
  • Letter, signed by both, explaining why we don't have phone bills together, car ownership together, and why we don't share a CC or checking account. It works for our family.
     

I did not send any affidavit from friends/family. Personally I think they are worth less than the paper they are printed on.

I am thinking this is plenty of stuff. I honestly don't even know what else I could send. I don't think we even have anything else. Now, for some reason, I am freaking out that they will deny the petition of send me another RFE asking for something we don't have. I hope they accept the reply to RFE and not waste our time scheduling an interview. I got the letter on Oct 21. I sent the evidence back on Oct 23, and it was delivered to USCIS Nebraska on Oct 24 (and signed by L.Miller, the same guys who's name was on the RFE letter).

Edited by aichteeque

AOS from F-1

ROC

2 yr GreenCard expires: 03/24/2019

 

12/27/18 i-751 ROC mailed

12/31/18 USCIS received package (# starts with LIN)

01/30/19 18 month extensions received. Did not get any email/text even though I signed up for it

06/25/19 Biometrics completed in St.Paul MN

10/21/19 RFE received. Insufficient evidence.

10/24/19 RFE response delivered (per USPS).

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You've already responded to the RFE, so I guess you're just seeking affirmation here. There are only 2 rules with I-751 evidence:

 

- Show that you both share: 1) the same residence, 2) finances, 3) life experiences, and 4) planning for the future; and

- Show that you've done the above from marriage to the present time.

 

If you've done that, you are guaranteed approval. They don't send more than one RFE. Good luck!

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Thanks for replying.

Yeah, I suppose at this point I am just looking to see if this is enough evidence. We do share the same residence, plan our life together, and share life experiences. The only thing is that our finances are perhaps a bit unorthodox. Most couple's (I think) use one account and pay for things from there. We don't do that, so that's what I was mostly concerned about. She pays some of the bills (which come in her name) and I pay the others.

I am hoping for a reply from USCIS soon. Hopefully they won't deny the petition and deport me.


AOS from F-1

ROC

2 yr GreenCard expires: 03/24/2019

 

12/27/18 i-751 ROC mailed

12/31/18 USCIS received package (# starts with LIN)

01/30/19 18 month extensions received. Did not get any email/text even though I signed up for it

06/25/19 Biometrics completed in St.Paul MN

10/21/19 RFE received. Insufficient evidence.

10/24/19 RFE response delivered (per USPS).

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I read that 2 affidavits are mandatory. 
I also didn’t see any evidence of future plans together. 
 

hopefully what you sent is sufficient. Keep us posted 

Edited by DelilahBrz
Typo

10/3/16 I-129F mailed to Lewisville, TX

10/5/16 Delivered at Lewisville, TX

10/11/16 NOA1 Received

11/3/16 NOA2 Received

11/8/16 NOA2 Hard Copy Received

11/22/16 NVC Received I-129

12/2/16 Consulate Review

12/15/16 Interview Date

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I didn't know about the affidavits. I was under the impression that they are useless. Oops!

What would you say is evidence of future plans together?


AOS from F-1

ROC

2 yr GreenCard expires: 03/24/2019

 

12/27/18 i-751 ROC mailed

12/31/18 USCIS received package (# starts with LIN)

01/30/19 18 month extensions received. Did not get any email/text even though I signed up for it

06/25/19 Biometrics completed in St.Paul MN

10/21/19 RFE received. Insufficient evidence.

10/24/19 RFE response delivered (per USPS).

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4 minutes ago, aichteeque said:

I didn't know about the affidavits. I was under the impression that they are useless. Oops!

What would you say is evidence of future plans together?

Affidavits is needed when you don't have enough share-life evidences. For the " future plan together", there is not too much evidence i can think of it. You already send enough. Also, each case is different. Just hope for the best.

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Your RFE documents look much more thorough and complete than your initial filing. Good luck.


Mahalo/Salamat!

Steve and Joan
Met on Facebook 2/24/12
Met in person 6/5/12
Second visit 10/2/12
Engaged 10/3/12
NOA10/15/12
Third visit 12/10/12
Joan got her passport! 2/20/13
NOA2 4/24/13
Fourth visit 5/28/13
CFO 5/30/13
Embassy Interview APPROVED 6/6/13

Joan passed through immigration in Hawaii! She's home! 6/13/13

MARRIED 8/24/13

AOS, EAD and AP petitions sent to Chicago via Express Mail

EAD/AP Received 11/13/13

AOS Interview APPROVED 11/26/13

2-year Green Card in hand 12/5/13

ROC (I-751) sent to CSC via USPS Express Mail 8/31/15

ROC check cashed 9/4/15

ROC Biometrics 10/1/15

ROC Approval 4/6/16 (waiting for actual card)

Permanent Green Card Arrived 4/14/16
Naturalization Interview 2/22/17 APPROVED!

Oath Ceremony 3/21/17--Joan is a US Citizen!

Kayak small lagoon crop 10 72 for VJ.jpg

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5 hours ago, DelilahBrz said:

I read that 2 affidavits are mandatory. 
I also didn’t see any evidence of future plans together. 
 

hopefully what you sent is sufficient. Keep us posted 

Actually nothing is mandatory -- except for the green card and marriage certificate. You just have to show through a preponderance of the evidence that your marriage is legit by submitting documents that span the period from marriage to the time of the application. 

Edited by afrocraft

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5 hours ago, aichteeque said:

What would you say is evidence of future plans together?

Depends on your situation, but retirement account docs listing the other spouse as beneficiary, life insurance policies, wills, etc are good enough. The most important documents relate to cohabitation and financial co-mingling, though.

Edited by afrocraft

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18 hours ago, afrocraft said:

Actually nothing is mandatory -- except for the green card and marriage certificate. You just have to show through a preponderance of the evidence that your marriage is legit by submitting documents that span the period from marriage to the time of the application. 

Yes. It says right in the instructions.
 

5. Affidavits sworn to or affirmed by at least two people who have known both of you since your conditional residence was granted and have personal knowledge of your marriage and relationship. (Such persons may be required to testify before an immigration officer as to the information contained in the affidavit.) The original affidavit must be submitted and also contain the following information regarding the person making the affidavit: his or her full name and address; date and place of birth; relationship to you or your spouse, if any; and full information and complete details explaining how the person acquired his or her knowledge. Affidavits must be supported by other types of evidence listed above.

 

Im not implying that you cannot get approved without affidavits, I’m only suggesting that your best odds for approval are to follow the instructions. 
 

As far as proof of future planning, I provided wills, POA, and showed how much we saved for in our joint savings account for a house. 

B7C9A487-38D4-4E00-ACE2-4AE0D7BD7C2D.jpeg

Edited by DelilahBrz

10/3/16 I-129F mailed to Lewisville, TX

10/5/16 Delivered at Lewisville, TX

10/11/16 NOA1 Received

11/3/16 NOA2 Received

11/8/16 NOA2 Hard Copy Received

11/22/16 NVC Received I-129

12/2/16 Consulate Review

12/15/16 Interview Date

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Thanks. My RFE asked for the following:

 

Children as a result of marriage

  • Copies of their birth certificates bla bla bla. We don't have any kids

Evidence you and your spouse have resided together and share responsibility for a common residence such as:

  • Leases in both names showing joint residency Sent
  • Deeds and mortgages in both names We have none
  • Auto finance, title or registration No auto loan. Title in my name only. Sent 3 years auto insurance documents.

Evidence you and your spouse have combined financial resources or joint ownership of assets and responsibilities for liabilities such as:

  • Checking, savings or investments accounts showing transaction pages Sent only joint account statements for 3 years (Savings account. Not much activity. Usually just incoming deposits)
  • Property., life insurance documents Sent
  • Federal and State tax returns Sent IRS returns for 2016, 2017, 2018. Forgot to send MN State returns.
  • Utility bills; or Sent
  • Loan or credit car account statements We have no joint loan (She only has student debt. I have none)

Evidence you and your spouse made estate, health and financial planning arrangements with each other such as a will etc. We're each others life/disability insurance and 401k beneficiaries. Sent.

Any other relevant documents not already mentioned. Pictures of travel/ with family, Certificate of Rent Paid 2016, 2017, 2018. Travel tickets, visa, hotel bills. Spouse's sister marriage certificate (I was one of the witnesses). Also slipped in a $100 to "thank" the officer for his/her time.


AOS from F-1

ROC

2 yr GreenCard expires: 03/24/2019

 

12/27/18 i-751 ROC mailed

12/31/18 USCIS received package (# starts with LIN)

01/30/19 18 month extensions received. Did not get any email/text even though I signed up for it

06/25/19 Biometrics completed in St.Paul MN

10/21/19 RFE received. Insufficient evidence.

10/24/19 RFE response delivered (per USPS).

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11 minutes ago, DelilahBrz said:

Yes. It says right in the instructions.
 

5. Affidavits sworn to or affirmed by at least two people who have known both of you since your conditional residence was granted and have personal knowledge of your marriage and relationship.

Let's be clear to avoid doubt and confusion: Affidavits are not required. It does not say that in the instructions. I didn't bother submitting any affidavits, and I was approved without interview. You can submit them if you choose, but you are not required to. No specific evidence of the relationship is required.

 

Here's the part of the instructions you left out:

Quote

Evidence of the Relationship

Submit copies of documents indicating that the marriage upon which you were granted conditional status was entered in “good faith” and was not for the purpose of circumventing immigration laws. Submit copies of as many documents as you can to establish this fact, to demonstrate the circumstances of the relationship from the date of the marriage to the present date, and to demonstrate any circumstances surrounding the end of the relationship, if it has ended. The documents should include, but are not limited to, the following examples:

...

5. Affidavits sworn to or affirmed by at least two people who have known both of you since your conditional residence was granted and have personal knowledge of your marriage and relationship....

Examples. Not requirements.

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10 minutes ago, aichteeque said:

Also slipped in a $100 to "thank" the officer for his/her time.

Serious question... is this a “thing”?


10/3/16 I-129F mailed to Lewisville, TX

10/5/16 Delivered at Lewisville, TX

10/11/16 NOA1 Received

11/3/16 NOA2 Received

11/8/16 NOA2 Hard Copy Received

11/22/16 NVC Received I-129

12/2/16 Consulate Review

12/15/16 Interview Date

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Just now, afrocraft said:

Whoa. Just noticed this too. Are you serious? If so, this is illegal -- bribing a federal officer. 

No, of course not. I'm kidding.


AOS from F-1

ROC

2 yr GreenCard expires: 03/24/2019

 

12/27/18 i-751 ROC mailed

12/31/18 USCIS received package (# starts with LIN)

01/30/19 18 month extensions received. Did not get any email/text even though I signed up for it

06/25/19 Biometrics completed in St.Paul MN

10/21/19 RFE received. Insufficient evidence.

10/24/19 RFE response delivered (per USPS).

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