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eortiz

RFE: Good marriage, insufficient evidence of joint assets

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RFE lists what documentation I submitted (which looks awesome in my opinion) and then they give the one liner: “However, the documentation submitted is insufficient because a bit more evidence showing a joint assets is required.” Yup, plural “assetS” and all. 
 

Then they list the following 3 categories of recommendations for things to include: children, combined financial resources and joint estate/health/financial arrangements. 


We initially included copies of medical records of my OB visits for our daughter (born after we sent in the I-751), joint tax returns, lease agreements and rental insurance showing both our names, car insurance showing both our names, car registration showing both our names, CC statements, T-Mobile statements showing how often we communicate, affidavits and photos. 

 

Based on this request for more “joint assets”, plan on sending:
 

- baby’s birth certificate 

- photos of birth, 3-4 during her first year including photos of vacationing in my spouse’s home country where baby met her paternal fam, her 1st birthday 

-Copies of DL showing same address

copy of the title of the car showing co-ownership 

-new joint CC statements 

-documentation of 401k showing spouse as beneficiary 

-new joint tax return and W2

-updated lease agreement and renters insurance 

-documentation of how baby is on his dental plan and on my medical plan 

 

Is this too much, too little?
 

We don’t have a joint checking or savings account but I have no problem adding him as an owner. Is that OK to do now or will it work against me and be shady that it was a recent thing? Or should I just write a letter explaining why we don’t have joint checking/savings?

 

There’s really no special reason, many couples don’t so I’m not sure why that would be what makes or breaks our case? But do let me know if that’s been the case!

 

Appreciate all the help and insight. Thank you!

 


 

 

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You can't send what doesn't exist.

CR1 / DCF (London): 2012 / 2013 (4 months from I-130 petition to visa in hand)

I-751 #1- April 2015 [Denied]

 

April 2015 : I-751 Joint filing package sent fedex next day 09:00am from UK ($lots - thanks). 
Jan 2017: Notification that an interview has been scheduled at a local office. Bizarrely still no RFE... 
Jan 2017: 2hr wait, then interview terminated before it began, due to moving my ID to another state 2 wks prior. New interview 'in a few months...maybe.'   Informed them that divorce proceedings are underway, but not finalised at this time. 
March 2017: An Interview was scheduled - marked as no-show as they didn't actually send out a notification of interview. FML 
April  2017: Filed an official complaint with the ombudsman, and have requested Senator & Congressman assistance
August 2017: Interview - switched to a (finalised) divorce waiver. Told that decision will be made that afternoon, but no problems foreseen with my case. 
October 2017: Letter of Denial received - reason given as 'I-751 petition was not properly filed'. Discovered ex-spouse made false allegations to USCIS in 2015. No opportunity given to review & refute allegations  - contrary to USCIS policy.

I-751 #2 - Oct 2017 - Mar 2021[Denied] 

 

October 2017: Within 72hrs of receiving denial notice, a new waiver I-751, divorce decree & $680 cheque, sent to Vermont via FedEx overnight 9am priority.  
Dec 2019: Filed FOIA request for full A# file
Feb 2020: FOIA request completed - entire A# file received as a .PDF; 197 pages fully redacted, and 80 partially redacted. Don't waste your time!
March 2021: I-751 #2 denied for lack of evidence. No RFE, no interview, and evidence in previous I-751 not reviewed - contrary to policy. Huge errors in adjudication.

N-400 - Feb 2018 - Apr 2021 [Denied]

 

February 2018: N-400 filed online.  $725 paid to the USCIS paperwork wastage fund

February  2019: Interview - cancelled after a four hour wait due to 'missing paperwork' on their end. Promised Expedited reschedule.

March 2021: Interview letter received, strangely dated after I-751 denial. No I-751 interview conducted. N-400 interview and test passed, given 'cannot make a decision at this time' paper due to the ongoing I-751 nightmare...

April 2021: N-400 denial received citing recent I-751 denial as basis for ineligibility, even though it should have been a combo interview 🤯

I AM JACK'S COMPLETE LACK OF SURPRISE

Service Motion - March 2021 [Sent via FedEx & COMPLETELY IGNORED by USCIS]

 

March 2021: Service Motion request sent overnight addressed direectly to field office director, requesting urgent review and re-opening, based on errors in adjudication - citing USCIS policy, AFM and memorandums as basis for errors. This was completely ignored by USCIS.

 I-751 #3 - June 2021 - Jan 2024 [Denied]

 

IT'S GROUNDHOG DAY

June 2021: I-751 #3 (30+lbs/5000 pages of paperwork) & another $680 sent to USCIS via FedEx ($300+..thanks) .... 

June 2021: Receipt issued, card charged, biometrics waived, infopass scheduled for I-551 stamp number ten.....

Feb 2022: RFIE (no, not an RFE, a Request For Initial Evidence) received, for copies of the divorce paperwork that they already have 😑

July 2022: Infopass for I-551 stamp number eleven.....

August 2023: Infopass for I-551 stamp number twelve....

January 2024: Denial received, ignoring the overwhelming majority of the filing, abundance of evidence, and refutation of a provably false allegation. The denial also contradicts itself in multiple places, as if it was written by someone with an IQ <50.

HAPPY NEW YEAR

 

2024: FML. Seriously. I'm done. 

 

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Filed: Citizen (apr) Country: Australia
Timeline

You have a child, right?  Then go get wills done for both of you - and medical powers of attorney.  Not only is this very good evidence for "estate/financial" arrangements, with a child, you need to have planned for the future should BOTH of you die at the same time.  Name a guardian for your child(ren).

 

Also - are you covered under the same health plan(s)?  If so, send the yearly "Summary of Benefits" that shows your health plan(s) and the people covered.  You do NOT have to have joint accounts (nor do you HAVE to have wills).  Bottom line?  You might be called for an interview.  But I think with wills, and the evidence you are going to send, you should be ok.  Draft a paragraph with your RFE response that gives a quick reason (not that it's their business, but they make it out to be) why you do not have joint checking accounts. 

 

Again - you will be OK in the end.  Just give them EXACTLY what they ask for (and Wills/Medical Powers of Attorney is something that will go a long way in what they ask for), and keep your chin(s) up!

 

Good luck!

 

Sukie in NY

Spoiler

 

Spoiler

Our Prior Journey

N-400 Naturalization

18-Feb-2018 - submitted N-400 online, credit card charged

18-Feb-2018 - NOA1

12-Mar-2018 - Biometrics 

18-June-2018 - Notice of interview received

26-July-2018 - Interview  - APPROVED!!!

26-July-2018 - Oath Ceremony Scheduled

17-Aug-2018 - Oath Ceremony

 

 

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25 minutes ago, Sukie said:

You have a child, right?  Then go get wills done for both of you - and medical powers of attorney.  Not only is this very good evidence for "estate/financial" arrangements, with a child, you need to have planned for the future should BOTH of you die at the same time.  Name a guardian for your child(ren).

 

Also - are you covered under the same health plan(s)?  If so, send the yearly "Summary of Benefits" that shows your health plan(s) and the people covered.  You do NOT have to have joint accounts (nor do you HAVE to have wills).  Bottom line?  You might be called for an interview.  But I think with wills, and the evidence you are going to send, you should be ok.  Draft a paragraph with your RFE response that gives a quick reason (not that it's their business, but they make it out to be) why you do not have joint checking accounts. 

 

Again - you will be OK in the end.  Just give them EXACTLY what they ask for (and Wills/Medical Powers of Attorney is something that will go a long way in what they ask for), and keep your chin(s) up!

 

Good luck!

 

Sukie in NY

I appreciate your response Sukie. We filled out and signed an “Advanced Health Care Directive” form provided to us by the hospital (Kaiser) with 2 witnesses when I was pregnant should anything happen during labor (but it’s a pretty general form). It does designate what each of us want at end of life type of situations and do declare each other as the others healthcare proxy. Is this the same (or valued the same) as a will/medical power of attorney? 
 

Naming a guardian for our child is a good idea regardless of this situation, so will definitely do that. 
 

As far as the health plans - we work for the same company so it’s more financially-wise to have individual coverage. However, he has our daughter on his dental and I have her on my medical. 
 

I appreciate your words of encouragement! 

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Filed: Citizen (apr) Country: Australia
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8 hours ago, eortiz said:

I appreciate your response Sukie. We filled out and signed an “Advanced Health Care Directive” form provided to us by the hospital (Kaiser) with 2 witnesses when I was pregnant should anything happen during labor (but it’s a pretty general form). It does designate what each of us want at end of life type of situations and do declare each other as the others healthcare proxy. Is this the same (or valued the same) as a will/medical power of attorney? 
 

Naming a guardian for our child is a good idea regardless of this situation, so will definitely do that. 
 

As far as the health plans - we work for the same company so it’s more financially-wise to have individual coverage. However, he has our daughter on his dental and I have her on my medical. 
 

I appreciate your words of encouragement! 

Your Advance Health Care Directive is an excellent document to include.  Add a note to your cover letter explaining the health care policies - because they might not "get it" if you don't hold it up in their face.

 

Even if you don't get a will done for your RFE, please do this as soon as you can.  Many young people don't understand how important this document is - and when you have a child, it becomes even MORE critical.  You might feel like you don't have any assets to protect, but the law (different in each state) can certainly end up doing things that you and your spouse DON'T want.

 

I know an RFE is frustrating (we got a stupid one when we went through), but buckle down, send in the data, and then sit back and wait.

 

Sukie in NY

Spoiler

 

Spoiler

Our Prior Journey

N-400 Naturalization

18-Feb-2018 - submitted N-400 online, credit card charged

18-Feb-2018 - NOA1

12-Mar-2018 - Biometrics 

18-June-2018 - Notice of interview received

26-July-2018 - Interview  - APPROVED!!!

26-July-2018 - Oath Ceremony Scheduled

17-Aug-2018 - Oath Ceremony

 

 

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Filed: Citizen (apr) Country: Australia
Timeline
12 hours ago, implife said:

Joint bank accounts are crucial. better late than never. 

Joint bank accounts are very good evidence, but they are NOT required.  Many spouses do not combine their bank accounts for various (good) reasons.  The OP has listed good evidence for replying to the RFE.

 

Sukie in NY

 

Spoiler

 

Spoiler

Our Prior Journey

N-400 Naturalization

18-Feb-2018 - submitted N-400 online, credit card charged

18-Feb-2018 - NOA1

12-Mar-2018 - Biometrics 

18-June-2018 - Notice of interview received

26-July-2018 - Interview  - APPROVED!!!

26-July-2018 - Oath Ceremony Scheduled

17-Aug-2018 - Oath Ceremony

 

 

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Filed: IR-1/CR-1 Visa Country: Vietnam
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I think join bank account is the first think USCIS want to see and they expected to see it in every I-751. For whatever reason no join bank account submitted, a letter explain the reason why no join account is needed.

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Filed: Citizen (apr) Country: Colombia
Timeline

Joint bank accounts are not needed or crucial as long as you have other proof, you have a baby, that is good enough. 
The joint bank accounts "requirement" is a lie as well as "you have to change your last name" lie. Nice to have it, yes.. but not a requirement. 


Taxes and babies are a strong proof. 

And yes, many couples handle different bank accounts. 

 

-------------------

2020:

Approval ROC: Aug 19

Greencard Received: Sep 08

Citizenship

N400 sent: Oct 07 (filling online)

 

2019: 

Remove Conditions ROC

Sent: Oct 04

Extension Received: Oct 15

 

2018

Approval: Jan 04

Greencard received: Jan 08

 

2017

AOS Sent:  Jan 14

AOS received: Jan 17

emails and text messages: Jan 25

PD: Jan 18

Fingerprints: Feb 15

Case ready to be schedule for an interview: Feb 28

EAD Approval: May 12 (after 114 days of suffering)

EAD card has been mailed: May 17

EAD letter approval notice: May 18

EAD received:  May 22

Interview Notice: Nov 02

Interview Date: Dic 06

RFE Flu shot: Dic 16

RFE sent: Dic 18

 

 

 

 

 

 

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