Need help with RFE asap

[Becker 17]

6 hours ago, Wcalmt1 said:

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.

 

 

What did you include in the letter if it was 5 pages? 

[Nitas_man 3,100]

33 minutes ago, Becker said:

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 

Clear.  In my vast and convoluted experience zero is enough, to answer the question.

 

After you got married, when you returned - what did you do?  Does your employer offer health insurance?  Insurance you can add a spouse too (this is usually at “ruinous” expense but what to do?  I did that) Marriage is an automatic enrollment event.

 

 

What about setting up beneficiary on your retirement if possible?

Bank accounts/credit cards etc are not practical for reasons listed above.  No SS number BUT most health / retirement will let you add a beneficiary pending SS.

 

Something’s badly wrong.  This case should have been straightforward.

Edited March 17, 2021 by Nitas_man

[Becker 17]

16 minutes ago, Nitas_man said:

Clear.  In my vast and convoluted experience zero is enough, to answer the question.

 

After you got married, when you returned - what did you do?  Does your employer offer health insurance?  Insurance you can add a spouse too (this is usually at “ruinous” expense but what to do?  I did that) Marriage is an automatic enrollment event.

 

 

What about setting up beneficiary on your retirement if possible?

Bank accounts/credit cards etc are not practical for reasons listed above.  No SS number BUT most health / retirement will let you add a beneficiary pending SS.

 

Something’s badly wrong.  This case should have been straightforward.

I’m not sure if we should be worried then. We included the evidence we had and we thought it would be accepted. We have included the majority of evidence over a a full two year span as that’s when we met and we thought maybe that was why we got an RFE. Of course, we never included an affidavit so they wouldn’t have any idea of the day we met until we include that in our file (which we are now going to add after the RFE) 

 

I mentioned in a post above that we are able to take out a life insurance policy with both our names but it will be dated at March 17 (today) will this be a cause for concern that it is not dated prior to the RFE? 

[Becker 17]

12 hours ago, majm said:

If the US citizen spouse hasn't already filed their tax return, I'd say apply to get an ITIN - it's done at the same time when filing the tax return. Depending on your financial situation, MFJ can potentially benefit the US citizen's tax liability and any potential refund. When I did this last year, it required us to paper file (rather than electronic) which took MONTHS to process... but you could do this now and include a full copy of the MFJ return showing that you filed W-7 for the ITIN. By the time you get to NVC or the interview, the IRS may have already processed the return and the tax transcript will be additional help for you.

Do you know if we can file and attach the full return and W7 form as evidence to USCIS or do we need to wait for a receipt from the IRS to submit for our RFE? 

[carmel34 3,538]

52 minutes ago, Becker said:

Do you know if we can file and attach the full return and W7 form as evidence to USCIS or do we need to wait for a receipt from the IRS to submit for our RFE? 

No need to wait for an IRS tax transcript, that will take months to be available.  We submitted a copy of the full 1040 as MFJ with W-7.  Other ideas we included (married but living in different countries) with our I-130:

 

will, living will, power of attorney for each other

beneficiary on life insurance, bank accounts, retirement accounts, health/dental/vision insurance

foreign spouse as authorized user on a US credit card (Barclay)

Facebook relationship pages printed out

a few wedding photos

affidavit from family member

email log

 

 

[Justus Forever 85]

15 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. 

Good Morning, now the RFE is saying it may include but not limited i had an RFE for the same thing because i sent in the paper work of the marriage i live in the usa and my husband is in haiti so i needed a extract of the true wedding certificate because that is required through the embassy. if your RFE is for USCIS you don't need no tax information nothing from a, b, c, now for d i did have letter from family and friends that attended my wedding and who didn't like 2 each. i had pictures of us with the preacher a lot of receipts for the wedding and lots but not a crazy amount of pics.  oh and the letters don't have to be notarized. don't get overwhelm with trying to get tax information or none that is mentioned in your letter just make sure your marriage certificate is what they want you said you married dec were you guys dating they want that proof as well have you two seen each other within 2 years of getting married they want that stuff. don't worry about no accounts open you only need those things they mentioned if you were married in the usa through k1 or 2 yr green card then you would need that information. 

[Becker 17]

14 hours 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.

 

4 hours 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

 

 

Okay so we have a life insurance policy dated today. We are going to include minimal chat logs from dates years ago to show we sent each other messages/pictures we sent to each other after trips and some others. We will also submit a US tax return MFJ as the USC has not yet submitted the tax return and we will include the full tax return as proof.

 

Do you also think we will need affidavits or do you think this will be enough to get past the RFE? 

 

Previously submitted stuff which was, 13 photos with and without family, trips abroad to Greece/Mexico/Ireland etc. A couple of boarding passes, passport stamps, one hotel receipt with both names in London. 

 

 

[Nitas_man 3,100]

1 hour ago, carmel34 said:

No need to wait for an IRS tax transcript, that will take months to be available.  We submitted a copy of the full 1040 as MFJ with W-7.  Other ideas we included (married but living in different countries) with our I-130:

 

will, living will, power of attorney for each other

beneficiary on life insurance, bank accounts, retirement accounts, health/dental/vision insurance

foreign spouse as authorized user on a US credit card (Barclay)

Facebook relationship pages printed out

a few wedding photos

affidavit from family member

email log

 

 

I just submitted my 2020 transcript with the citizenship app.  It’s available online two weeks after you file.  I pulled 5 years in about 10 minutes

[Nitas_man 3,100]

10 minutes ago, Becker said:

 

Okay so we have a life insurance policy dated today. We are going to include minimal chat logs from dates years ago to show we sent each other messages/pictures we sent to each other after trips and some others. We will also submit a US tax return MFJ as the USC has not yet submitted the tax return and we will include the full tax return as proof.

 

Do you also think we will need affidavits or do you think this will be enough to get past the RFE? 

 

Previously submitted stuff which was, 13 photos with and without family, trips abroad to Greece/Mexico/Ireland etc. A couple of boarding passes, passport stamps, one hotel receipt with both names in London. 

 

 

I’d carefully document trips and proof of trips in a timeline, whatever you have.  Itineraries aren’t as strong as boarding passes, hotel receipts, and / or matching passport stamps, anything that had you in the same place at the same time.

 

Wedding photos, copy of invitation, anything about the wedding that wasn’t submitted will strengthen the “proof that the marriage took place”.  The time together is “proof of relationship”.  Problem is you got a form letter and all of that “joint” nonsense is usually not applicable in a marriage to a non-resident spouse.  There is very little co-mingling that you can do at this point so the advice would normally be to focus on proof of marriage and double down with quality of the relationship.  Hate to see these cases.

 

I’d send everything I sent before + beef it up.  It’s possible they broke the package down into basic requirements and lost the additional evidence.

Edited March 17, 2021 by Nitas_man

[Becker 17]

18 minutes ago, Nitas_man said:

I’d carefully document trips and proof of trips in a timeline, whatever you have.  Itineraries aren’t as strong as boarding passes, hotel receipts, and / or matching passport stamps, anything that had you in the same place at the same time.

 

Wedding photos, copy of invitation, anything about the wedding that wasn’t submitted will strengthen the “proof that the marriage took place”.  The time together is “proof of relationship”.  Problem is you got a form letter and all of that “joint” nonsense is usually not applicable in a marriage to a non-resident spouse.  There is very little co-mingling that you can do at this point so the advice would normally be to focus on proof of marriage and double down with quality of the relationship.  Hate to see these cases.

 

I’d send everything I sent before + beef it up.  It’s possible they broke the package down into basic requirements and lost the additional evidence.

We filed online so they should still have access to all those previous files and evidence, right? 

[Nitas_man 3,100]

24 minutes ago, Becker said:

We filed online so they should still have access to all those previous files and evidence, right? 

I would assume so.  If you’re mailing the RFE response I’d arrange a full and complete package

[Wcalmt1 34]

4 hours ago, Becker said:

What did you include in the letter if it was 5 pages? 

Pretty much summed up from when we were introduced., Our first meeting. Our failed attempt with a K1/K2 visa. To the trouble of getting married in Russia and neither of us are citizens of Russia,  our honeymoon. Explained everything. 

[Cathi 5,624]

I added my husband to all of my utility bills(electric, gas, cable) without his being in the US and without him having a SS number. 

[majm 20]

2 hours ago, Becker said:

 

Okay so we have a life insurance policy dated today. We are going to include minimal chat logs from dates years ago to show we sent each other messages/pictures we sent to each other after trips and some others. We will also submit a US tax return MFJ as the USC has not yet submitted the tax return and we will include the full tax return as proof.

 

Do you also think we will need affidavits or do you think this will be enough to get past the RFE? 

 

Previously submitted stuff which was, 13 photos with and without family, trips abroad to Greece/Mexico/Ireland etc. A couple of boarding passes, passport stamps, one hotel receipt with both names in London.

I would focus on the joint tax return and any financial or insurance policy documentation that shows your spouse listed as a beneficiary. We did this with my IRA, 401k, life insurance policy, and even my homeowners insurance policy (none of it required an SSN). This is solid documentation. Keep in mind that to file MFJ and apply for an ITIN with the tax return, it will require additional documentation from the foreign spouse. This takes time to acquire, but IMHO it's still worth doing now even if you're understandably anxious to respond to the RFE. This is excellent evidence for your case not just at USCIS, but also when you get to NVC and your eventual interview. Joint financial anything is good.

 

Regarding affidavits, I think they appear relatively weak in comparison to documentation showing "co-mingling" of finances. Affidavits can be faked, forged, etc. Third party affidavits also have their own requirements, one glaring point being:

Quote

(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

 

[Becker 17]

5 minutes ago, majm said:

I would focus on the joint tax return and any financial or insurance policy documentation that shows your spouse listed as a beneficiary. We did this with my IRA, 401k, life insurance policy, and even my homeowners insurance policy (none of it required an SSN). This is solid documentation. Keep in mind that to file MFJ and apply for an ITIN with the tax return, it will require additional documentation from the foreign spouse. This takes time to acquire, but IMHO it's still worth doing now even if you're understandably anxious to respond to the RFE. This is excellent evidence for your case not just at USCIS, but also when you get to NVC and your eventual interview. Joint financial anything is good.

 

Regarding affidavits, I think they appear relatively weak in comparison to documentation showing "co-mingling" of finances. Affidavits can be faked, forged, etc. Third party affidavits also have their own requirements, one glaring point being:

 

You say it takes a whole to acquire, but as i have asked others and some responded. I can include a copy of the submitted W7 form to show we are in the process of claiming an ITIN? If i waited for the ITIN it would probably go past the deadline we have to respond to the RFE. Do you also think this is okay?