Need help with RFE asap

[majm 20]

46 minutes ago, Becker said:

Okay well the more the better in this case i guess. Did you say we have to file by paper or can we file online also? 

It has to be paper filed if you do it with a tax return, unfortunately, which means it won't be processed for a while... nor will you receive any potential refund until it is done. There is also some work required on the foreign spouse's part to get their passport or other documentation certified at the embassy. That part is simple, but may add a week or more before you can respond to the RFE. However, considering it is one of the exact pieces of evidence they reference in the RFE, it's spot on. You can also apply for the ITIN in-person, but I know nothing about that:

 

https://www.irs.gov/individuals/how-do-i-apply-for-an-itin

https://www.irs.gov/individuals/international-taxpayers/acceptance-agents-united-kingdom

 

As noted before, depending on your finances, the US citizen may see a big difference in their tax bracket / liability when going MFJ vs MFS. I ran the numbers for my spouse and I, and had I filed MFS my refund would have been about $2000. MFJ it was about $8000 (I make about $130k and my wife's income is minimal abroad). I'd discuss with a CPA and/or an acceptance agent listed in the enclosed link - doing this was well worth the effort for us.

[Becker 17]

10 minutes ago, majm said:

It has to be paper filed if you do it with a tax return, unfortunately, which means it won't be processed for a while... nor will you receive any potential refund until it is done. There is also some work required on the foreign spouse's part to get their passport or other documentation certified at the embassy. That part is simple, but may add a week or more before you can respond to the RFE. However, considering it is one of the exact pieces of evidence they reference in the RFE, it's spot on. You can also apply for the ITIN in-person, but I know nothing about that:

 

https://www.irs.gov/individuals/how-do-i-apply-for-an-itin

https://www.irs.gov/individuals/international-taxpayers/acceptance-agents-united-kingdom

 

As noted before, depending on your finances, the US citizen may see a big difference in their tax bracket / liability when going MFJ vs MFS. I ran the numbers for my spouse and I, and had I filed MFS my refund would have been about $2000. MFJ it was about $8000 (I make about $130k and my wife's income is minimal abroad). I'd discuss with a CPA and/or an acceptance agent listed in the enclosed link - doing this was well worth the effort for us.

What are your thoughts on doing MFS and showing that in the RFE. Do you think it would help as it proves marriage or not?

[majm 20]

3 minutes ago, Becker said:

What are your thoughts on doing MFS and showing that in the RFE. Do you think it would help as it proves marriage or not?

I don't think MFJ or MFS really proves anything one way or another, but MFS just means you are married and filing separately. It's not a joint return. I would consider exactly what the RFE mentioned:

 

Quote

(c) Shared financial obligations and assets such as jointly filed income taxes showing that each return was properly filed with the state or federal government, or jointly held bank accounts, credit card accounts or utility bills;

 

[JKLSemicolon 337]

7 minutes ago, Becker said:

What are your thoughts on doing MFS and showing that in the RFE. Do you think it would help as it proves marriage or not?

They know you're married. What they are looking for is evidence that you are combining your finances and unfortunately, MFS does little to show that (which is why it wasn't mentioned in the RFE).

 

Filing jointly has its advantages, but it's not something that can be quickly done in time to respond to the RFE. For example, I'm planning to file an extension to be able to do this in our case because even after filing the federal return and requesting the ITIN, I then will have to wait until the ITIN is issued to file a state return.

[Cody LA 12]

Are there any red flags with your relationship? How long did you know each other and how many times did you visit each other before marrying? If it was done quickly it might be why they are asking for more evidence. 
 

Did you include photos with family and friends to show you’ve met the respective family and friends? 
Filing taxes jointly will help show financial commingling and also adding each other as an authorized user on your credit card/bank account is super easy. 

[Becker 17]

Just now, pandakoo said:

Are there any red flags with your relationship? How long did you know each other and how many times did you visit each other before marrying? If it was done quickly it might be why they are asking for more evidence. 
 

Did you include photos with family and friends to show you’ve met the respective family and friends? 
Filing taxes jointly will help show financial commingling and also adding each other as an authorized user on your credit card/bank account is super easy. 

No red flasg that i know of. We met in 2017, have many boarding passes and pictures in various places, NYC, Ireland, UK, Florida, Mexico etc, We have pictures included with each others families too. Passport stamps and hotel receipts with both guest names shown on there.

 

We can happily apply for a credit card but we cannot find one that is willing to allow a non resident to be added or someone without an SSN. Currently looking at chase bank as one of the previous posts mentions it. We are.a young couple in early 20s too, not sure if that is a red flag

[Cody LA 12]

1 minute ago, Becker said:

No red flasg that i know of. We met in 2017, have many boarding passes and pictures in various places, NYC, Ireland, UK, Florida, Mexico etc, We have pictures included with each others families too. Passport stamps and hotel receipts with both guest names shown on there.

 

We can happily apply for a credit card but we cannot find one that is willing to allow a non resident to be added or someone without an SSN. Currently looking at chase bank as one of the previous posts mentions it. We are.a young couple in early 20s too, not sure if that is a red flag

Try American Express, as that is what we used and had no problems. We couldn’t do a joint bank account but I was able to add my spouse as an authorized user online in about 5 minutes. Documents and card for him was sent in under a week. 
 

It sounds like you have spent plenty of time together and with each other’s families so not sure why they are asking for more but just try and get anything you can from their list. You can also add other stuff like chat logs, call logs showing on going communication with each other. Also social media posts etc. 

[JKLSemicolon 337]

4 minutes ago, Becker said:

No red flasg that i know of. We met in 2017, have many boarding passes and pictures in various places, NYC, Ireland, UK, Florida, Mexico etc, We have pictures included with each others families too. Passport stamps and hotel receipts with both guest names shown on there.

 

We can happily apply for a credit card but we cannot find one that is willing to allow a non resident to be added or someone without an SSN. Currently looking at chase bank as one of the previous posts mentions it. We are.a young couple in early 20s too, not sure if that is a red flag

Just checked my Chase account and the specific information they ask for when adding an Authorized User is name, date of birth, and address. When I added my wife I put my address in the US for her, although it says you can call the number on the back of the card to add a non-US address. The address does not appear on the confirmation letter, only the name of the Authorized User and the last four digits of the card number. After I did this I also made copies of the cards issued in each of our name that we received in the mail, blacking out all but the last four digits of the card number (to match with the letter).

[ineedadisplayname 449]

2 hours ago, igoyougoduke said:

rrespective of which country you live, if you are working for a organization, they should have insurance policies where you have both spouse names . do you or your spouse have any ?

That is not true at all. Most European countries have universal healtcare systems were everybody is insured if they work, no need for paperwork, the employer takes out of your part from your paycheck and sends it to the government.

[JeanneAdil 6,286]

3 hours ago, igoyougoduke said:

 

irrespective of which country you live, if you are working for a organization, they should have insurance policies where you have both spouse names . do you or your spouse have any ?

 

US tax filer can file tax returns and send USCIS a copy of those documents as joint filing . just pre file tax report for last year so you have the documents that you can submit to USCIS 

 

 

they just married in 2021 according to timeline

so did you marry this year or last year?

and applied 2021 so no tax returns to show until next year when this year is filed

very strange for USCIS  to ask for commingling of finances at this stage from USC and UK

you can apply MFJ and get the ITIN but this takes time and you need to answer RFE in limited time frame

when you Do GET the ITIN you can be added to bank accounts,  etc, (just remember to change that ITIN to the SS # when you get the SS card)

If married before 2021,

follow IRS instructions for nonresident alien spouse for that year

https://www.irs.gov/individuals/international-taxpayers/nonresident-alien-spouse

 

IRS has a tax treaty with UK so you are exempt from UK income up to $107,600 just need to file form 2555

 

all you can do is send the info you have like adding each other as bene to life insurance,   making wills naming each other

 

[JKLSemicolon 337]

22 minutes ago, ineedadisplayname said:

That is not true at all. Most European countries have universal healtcare systems were everybody is insured if they work, no need for paperwork, the employer takes out of your part from your paycheck and sends it to the government.

I would encourage the OP to focus on US-based evidence that can be easily obtained; it will likely hold more weight as it will continue to be relevant even after immigrating with the CR-1/IR-1 visa.

 

Health insurance, even in the US, is probably not a good option since usually that has to be updated within 30 days after marriage, but there have been other good suggestions in the thread.

[Wcalmt1 34]

6 hours ago, Becker said:

We have received an RFE asking us to prove that the marriage is bonafide. 

 

The evidence submitted should cover the entire period of the marriage. Such evidence may include, but is not limited to:

(a) Proof of joint insurance policies or that one party was listed as a beneficiary on the insured spouse’s policy;

(b) Property leases, mortgages, or registrations;

(c) Shared financial obligations and assets such as jointly filed income taxes showing that each return was properly filed with the state or federal government, or jointly held bank accounts, credit card accounts or utility bills;

(d) Testimony or other evidence regarding courtship, wedding ceremony, shared residence and experience. You may submit your own statements or affidavits from others.

If you submit third party affidavits you must submit a sworn statement explaining why the usual supporting documents are unavailable. Additionally, each affidavit must conform to the guidelines cited below:

 

 

We do not have join insurance policies as we do not live in the same country as each other and have never thought into it that deeply. We were only married on December last year and the evidence requested is to cover the entire period of the marriage. We don't have property leases together either and we do not have joint financial obligations. We tried opening an account in US and they won't let us due to one being a UK citizen and pretty much the same with everything else. We are only citizens of our own country and are not able to open such accounts together. 

 

Please any help is really appreciated. 

I had to do (d)    I wrote a 5 page letter, I had my cousin, and his Wife write an affidavit, he's the one person in my family that has met my wife and, his wife is the one who introduced us.

 

 

[CH1314 8]

Im from the UK and my husband was able to add me on to his checking and savings account at Citibank without a SSN. Give them a go

[Nitas_man 3,100]

12 hours ago, Becker said:

We have received an RFE asking us to prove that the marriage is bonafide. 

 

The evidence submitted should cover the entire period of the marriage. Such evidence may include, but is not limited to:

(a) Proof of joint insurance policies or that one party was listed as a beneficiary on the insured spouse’s policy;

(b) Property leases, mortgages, or registrations;

(c) Shared financial obligations and assets such as jointly filed income taxes showing that each return was properly filed with the state or federal government, or jointly held bank accounts, credit card accounts or utility bills;

(d) Testimony or other evidence regarding courtship, wedding ceremony, shared residence and experience. You may submit your own statements or affidavits from others.

If you submit third party affidavits you must submit a sworn statement explaining why the usual supporting documents are unavailable. Additionally, each affidavit must conform to the guidelines cited below:

 

 

We do not have join insurance policies as we do not live in the same country as each other and have never thought into it that deeply. We were only married on December last year and the evidence requested is to cover the entire period of the marriage. We don't have property leases together either and we do not have joint financial obligations. We tried opening an account in US and they won't let us due to one being a UK citizen and pretty much the same with everything else. We are only citizens of our own country and are not able to open such accounts together. 

 

Please any help is really appreciated. 

First of all, nobody has joint property leases or bank accounts when they marry overseas and are in the process of immigration.  Your RFE is for the time you got married to the point of the RFE so scrambling to “create” evidence after the fact, often advised here, is ill-advised.  You married Dec 2020?  What did you send?

 

My suggestion is load your reply like a K1 package.  Reservations, Plane tix, hotel receipts, all records of all visits and time spent together from the time you met until the time you returned to the US and filed.

 

It is rare that I advise photos but this is one instance that I would suggest a handful of them.  It doesnt sound like you filed much so knowing what you initially sent would be helpful in answering this RFE

 

 

Edited March 17, 2021 by Nitas_man

[Becker 17]

1 hour ago, Nitas_man said:

First of all, nobody has joint property leases or bank accounts when they marry overseas and are in the process of immigration.  Your RFE is for the time you got married to the point of the RFE so scrambling to “create” evidence after the fact, often advised here, is ill-advised.  You married Dec 2020?  What did you send?

 

My suggestion is load your reply like a K1 package.  Reservations, Plane tix, hotel receipts, all records of all visits and time spent together from the time you met until the time you returned to the US and filed.

 

It is rare that I advise photos but this is one instance that I would suggest a handful of them.  It doesnt sound like you filed much so knowing what you initially sent would be helpful in answering this RFE

 

 

How many photos/tickets etc would you say is enough? We included 4 passport stamp pages, 13 photos with and without family, 2-3 boarding passes and hotel receipts