RFE received for Removing Conditions

[ErinTaylor5178 1]

My wife & I filed in January 2019 to remove conditions on her Green Card, had biometrics done that April and we just received (May 2020) a RFE that we didn't submit enough evidence of entering into a "good faith marriage."

We originally submitted:

-Proof of joint auto insurance

-Bank statements/Credit card statements of our joint accounts

-Tax Returns(but only included the first page w/o signatures)--Didn't realize they needed to be hand signed

-Beneficiary declarations for both of our 401k

 

We are planning on send

-Utility bills (they have always been in my name only and have just put my wife on)

-Affidavits by two close friends

-Resending tax returns for last 3 years with the signatures on the first page. 

-W2s from our employment to show that we both live at the same address

 

As far as residing together I already owned this home before we were married so she isn't on the loan or deed. We prefer to keep most of our finances separated and while she's only just been establishing credit in the last year, most of our bills are in my name. 

 

My questions for you experienced folks:

-Do the affidavit letters absolutely have to be notarized? 

-Will the first pages of our tax returns signed be enough or does the entire 100 page document need to be included?

 

Any other advice on evidence to send, photos, etc?

 

[Allaboutwaiting 2,500]

If I was in your shoes right now, I would send things from before the marriage too, in order to prove there was a solid relationship prior, including flight tickets, hotel bookings, passport stamps and pictures from any trip taken together -or to visit each other- from the inception of the relationship to this day. 

 

Edited June 14, 2020 by Allaboutwaiting

[Lucky2Lucky 2,526]

Send the last 3 years tax transcripts- can obtain on IRS website if you don’t already have them, photocopies of your IDs showing same address, proof you are on same health insurance, photos that are labeled and dated, wills, for your bank statements- unsure what you submit but generally good to send a couple months for each year you have had it. You can get the Affidavits notarized at the bank or post office should be for free or if you have a friend who is a notary have them do it.

[kline19 102]

Definitely send any pre-marriage evidence. Also, you probably want to write a letter to explain the house ownership situation. 

[Allaboutwaiting 2,500]

You should also include photocopies of both your driver licenses and correspondence addressed to both to prove shared residence.

You didn't mention health care insurance. That should be included. 

 

Regarding the affidavits, the form instructions clearly indicate they must be sworn or affirmed.

[Scandi 3,970]

How many bank statements did you send? USCIS loves to see a ton of them to make sure that both of you are actively using the account and have been throughout the years. Extra good if both your salaries are going into the same account, definitely send copies of stuff like that. 

 

Don't send tax returns, send tax transcripts. 

 

Also send both your state IDs and/or driver licences that show the same address, that's a very easy evidence to add to the pile.

[Sukie 1,439]

First of all - make sure you cover the total time of your marriage.  Sending the last three bank statements won't cut it.  You did not specify which, or how many bank statements you sent, but because it sounds like you don't co-mingle your accounts too much.  Definitely send a statement about the fact that 1) you already owned your home prior to marriage and 2) she is in the process of building her credit.

 

Send ALL pages of bank statements.  Many people make the mistake of only sending the summary page.  They want to see the transactions.

 

Yes, get tax transcripts.  You made an error in only sending the first page.  Transcripts prove that you filed your taxes.  First pages of 1040s do not.

 

Read this: 

Good luck!!!

 

Sukie in NY

[Fr8dog 312]

Start with carefully reading the RFE again. It should state what you have submitted before it goes into what else you could submit. Make sure that what they list they have received is what you sent. (My ROC evidence went missing and it only listed the AOS evidence on my RFE). Your list is not that much of from the one I sent (though I included the transcripts instead of the returns). We also included health insurance and phone bills and we did not have a joint account. make sure to include a copy of an ID of both of you, that states your address on it (I forgot the wife's ID)

No affidavits were included as I believe they are not worth the paper they are written on.

[tu2008 97]

Provide clear and convincing evidence of cohabitation.  You need to clearly state that "As far as residing together I already owned this home before we were married so she isn't on the loan or deed." USCIS cannot read that from the evidence you provided. 

[SB5130 88]

17 hours ago, Allaboutwaiting said:

If I was in your shoes right now, I would send things from before the marriage too, in order to prove there was a solid relationship prior, including flight tickets, hotel bookings, passport stamps and pictures from any trip taken together -or to visit each other- from the inception of the relationship to this day. 

 

agree. when i did my ROC (Aug 2019 filer), i went ahead and submit everything we have. it was approved without interview. 

we submitted the following:

- bank account statements way back from 2017 

- joint insurance (health, vision, dental, car)

- joint bills (utility, power, mobile, internet)

- properties together

- joint loans (car, furniture financing, etc) 

- ITR

- 2 affidavit from my family and friends(notarized)

- trips together (boarding pass, passport stamps, one page photo supporting trip)

- couple of photos (one page collage for him with my family, me with his family, us attending events and public gatherings) 

- family planning visits and appointments (since we dont have kids yet) 

- employment portal showing each other as beneficiaries & emergency contact

- driver's license showing address

- couple of proof of billing (mails addressed for me and my husband showing similar address)

[TheKingmaker 153]

Send Tax Transcripts, not Returns.

 

Easily downloadable from the IRS website or can easily order my snail mail.

[annab864 55]

28 minutes ago, TheKingmaker said:

Send Tax Transcripts, not Returns.

 

Easily downloadable from the IRS website or can easily order my snail mail.

May I ask how easy it is to actually download the tax transcripts on the IRS site? Me and my husband both have tried so many times and they won’t verify our phone numbers, which is odd, because the numbers belong to our names. We ended up ordering the transcripts by mail. Either way, would like to know if there is an ‘easier’ way to download it, since letters do take awhile to arrive by mail? Thank you! 

[Sukie 1,439]

5 minutes ago, annab864 said:

May I ask how easy it is to actually download the tax transcripts on the IRS site? Me and my husband both have tried so many times and they won’t verify our phone numbers, which is odd, because the numbers belong to our names. We ended up ordering the transcripts by mail. Either way, would like to know if there is an ‘easier’ way to download it, since letters do take awhile to arrive by mail? Thank you! 

I have never been able to download the transcripts, so I just order them every year by mail and then scan them.  For some reason, the program looks at some database, and if every little thing isn't there, it rejects you online.  The mail took me less than one week, but that was pre-COVID-19.

 

Sukie in NY

[TheKingmaker 153]

2 minutes ago, Sukie said:

I have never been able to download the transcripts, so I just order them every year by mail and then scan them.  For some reason, the program looks at some database, and if every little thing isn't there, it rejects you online.  The mail took me less than one week, but that was pre-COVID-19.

 

Sukie in NY

Ive had different level of luck in different years. This year, the online account locked me out and had to get physical transcripts. But before this, Ive been able to download every year since like 2014.

[Sukie 1,439]

1 hour ago, TheKingmaker said:

Ive had different level of luck in different years. This year, the online account locked me out and had to get physical transcripts. But before this, Ive been able to download every year since like 2014.

I just tried to get my 2019 transcript.  I signed on to the IRS.gov site, put in my ID and password, and then it asked me for a verification number that they sent me by snail mail over 2 years ago!!!  Like I really have that handy, right????   So I tried to request another verification number (where I will have to wait until the mail gets it here) only to find out that they are not sending ANY mail at this point.  No mail transcripts.

 

All this because they don't have my telephone number on file.

 

So if your online request does not go through, you are hosed. 

 

If the OP cannot get transcripts, s/he needs to send ALL the pages of the tax returns PLUS copies of any W-2s (or other wage statement) to address the RFE (if the RFE specifically asked for that).

 

Foiled at every turn!  Drat!

 

Sukie in NY