RFE: Evidence that tax form was filed and other good faith marriage proofs

[JandEB 3]

We just got an RFE after waiting nearly two years for them to get around to processing our forms. Insufficient evidence of good faith marriage. 

 

We submitted:

1. Jointly filed 1040
2. copy of both our health insurance cards
3. a lease agreement dated 2 years prior for our current residence (never re-leased, we're just month to month)
4. a joint certificate of title for our car

 

The RFE says we did not submit evidence demonstrating that our tax form was filed with the IRS. How are we supposed to do that? It's not like the IRS sends you a receipt for your tax forms. What exactly are they expecting us to provide?

 

They also complained that the health cards do not show "details related to financial responsibility or coverage terms". What are they actually expecting to see and what do I need to get to satisfy this? 

 

They also said the provided evidence "covers a limited period of time of your marriage". That's literally every moment of our marriage up to the point that we submitted two years ago, so I don't know what they're expecting to see there. I'm over the moon irritated at the moment and I think that's coming through in my typing, so I apologize if my tone is not great.

 

What do I actually need to find and who do I get it from to fulfill their requirements?

 

[Marieke H 2,301]

12 minutes ago, JandEB said:

The RFE says we did not submit evidence demonstrating that our tax form was filed with the IRS. How are we supposed to do that? It's not like the IRS sends you a receipt for your tax forms. What exactly are they expecting us to provide?

The IRS tax transcript is proof that you submitted your tax form. You can download it from the IRS website if you have an account.

 

13 minutes ago, JandEB said:

They also complained that the health cards do not show "details related to financial responsibility or coverage terms". What are they actually expecting to see and what do I need to get to satisfy this? 

A copy of the insurance policy would show these kind of details.

 

14 minutes ago, JandEB said:

They also said the provided evidence "covers a limited period of time of your marriage". That's literally every moment of our marriage up to the point that we submitted two years ago, so I don't know what they're expecting to see there.

You now have the opportunity to add more evidence of the past 2 years.

[Verrou 1,898]

1. IRS tax transcript. login on their website, you can download it

2.like what @Marieke H said

3. i will collect everything that's showed comingling proofs continue from prior that what u already submitted. by now, i assume you got a lot more evidences. anything that you can think off, memberships, insurance, checking account, credit card statement, etc 

[Crazy Cat 39,181]

***After checking the OP's timeline, I am moving this topic from the Adjustment of Status forum area to the Removing conditions on Residency discussion area****

[Strontium 70]

14 hours ago, JandEB said:

They also complained that the health cards do not show "details related to financial responsibility or coverage terms". What are they actually expecting to see and what do I need to get to satisfy this?

 

In addition to a copy of the cards I also sent printouts of the pages (for each year), on my employer's benefits site, which showed that my wife and daughter listed as my dependents for the health coverage.

[mam521 1,698]

I know you don't want to hear this, but honestly, that isn't the strongest of proof.  My ex used to have the kids and I on his insurance - we weren't together.  His name was on the mortgage until I refinanced the house.  We had a vehicle with the title in both names until we filed to have my name removed.  These just aren't strong evidences to show that you're married.  Roommates can have joint lease agreements.  Parents, siblings and friends could hypothetically jointly own a vehicle.  There are tons of people who put up a façade every single day.  You have to overcome the preconceived notions that Immi looks for.  

 

Where are your IRS tax transcripts showing you've filed as married?

Are you listed as beneficiaries on long term investments like life insurance and pension plans?

What travel have you done? Do you have photos, passport stamps and boarding passes showing you're together?  

Did you have a wedding or a reception celebration with family?  Any cards from there wishing you a happy marriage?

Any photos from anniversary celebrations?  Lots of restaurants will snap one for you when you're celebrating something important. 

Any other photos or evidence that show you were together?  In my case, I had photos of hubs at my kids' school attending events that showed his nametag and the date.  It was further evidence to show how our family unit was intermingled and that he'd been involved for a long time, even before we were married.    

[SalishSea 16,745]

48 minutes ago, mam521 said:

Where are your IRS tax transcripts showing you've filed as married?

Sounds like OP had no idea about tax transcripts.

[Rocio0010 5,560]

OP, you did not send nearly enough evidence. 

If you think about it, roomates also have leases. Leases by themselves do not say anything.

You need to send more evidence. And ideally, that evidence should cover the whole period of your marriage. 

Examples of good, solid evidence that shows an ongoing relationship:

Tax transcripts filed jointly

State property taxes

Leases/ Mortgages

Joint utility bills

Joint health insurances

Joint life insurance

Joint car insurance

Power of attorneys

Boarding passes

Joint retirement accounts

Copies of DL showing same address.

 

Here is a list of what I included in my package for reference:

 

Table of Contents

Exhibit A:

• Original PNC Bank Personal Check, in the amount of $680.00 for payment of the I-751 Petition to Remove Conditions on Residence + Biometric fee

• Enlarged copy of USCIS Form I-551 front and back (Permanent Resident Card)

• Original Form I-751 filled and signed by Xxxxxx and Xxxxx

• Addendum I and II to Form I-751

 

 

Exhibit B:

• Certified marriage certificate between Xxxxxx and xxxxxx, showing marriage on May xxxx xxxxxx in xxxxxxx,, West Virginia.

 

Exhibit C

• Copies of Xxxxx and Xxxxx current drivers’ licenses showing joint residence at xxxxxxxxx.

• Copies of xxxxxx and Xxxxx old drivers’ licenses showing joint residence at xxxxxxxxx

Exhibit D

• Copies of joint IRS tax returns for 2019 and 2020.

• Copy of 2019 and 2020 Xxxxx State tax refund addressed to both of us.

• Copy of 2020 Xxxxx County Personal Property Tax filed jointly.

 

Exhibit E:

• Three original notarized affidavits attesting to the bonafide nature of our marriage

Exhibit F:

• Copies of monthly bank statements of our joint checking account (with United Bank) since inception of the accounts on xx/xx/2013 to closing of the account on xx/xx/xxxx, showing various financial co-mingling such as rent payments, car loan payments, insurance payments, grocery shopping etc.

• Copy of letter from Xxxxxxx Chase bank account showing Xxxxx as an authorized user of the account.

• Copy of letter from Xxxxx PNC bank account showing Xxxxxc as an authorized user of the account.

Exhibit G:

• Copy of lease agreement listing us as joint tenants at old address (xxxxxx ), beginning May 18, 2018 and copies of lease renewals for the same address for subsequent terms until May 18, 2021,

• Copies of Horace Mann Insurance Company yearly account statements beginning August 12, 2013 until August 12, 2016 listing us as jointly covered under homeowners insurance policy number xxxxxxxxxxxxx for our residence at xxxxxx

• Copy of Veterans United pre- approval letter showing Xxxxxx and Xxxxxx as pre-approved for a home loan.

• Copy of general warranty deed of our home at xxxxxx showing us both as owners of the property.

Exhibit H:

• Copies of the city of Southwest Licking Community Water & Sewer District statements showing us as jointly responsible for paying water in our joint residence at xxxxxxxx

• Copies of AEP ( Electric Company) monthly statements showing us as jointly responsible for paying the electric bill in our joint residence at xxxxxxx

• Copies of Local Waste Services monthly statements showing us as jointly responsible for paying the trash pick up in our joint residence at xxxxxx

• Copies of Spectrum (Internet) monthly statements showing Xxxxxx as responsible for paying gas and electricity in our joint residence at xxxxxx

• Copies of Columbia Gas of Ohio monthly statements showing Xxxxx as responsible for paying gas in xxxxxx

 

• Copies veterinary bills showing us as jointly responsible for paying the veterinary bills from Xxxxx Veterinary Clinic, located xxxxx

• Copies veterinary bills showing us as jointly responsible for paying the veterinary bills from Xxxxx Veterinary Hospital, located at xxxxx

Exhibit I:

• Copy of previous health insurance cards, via Xxxxx former employer, showing us both covered under the same (former) insurance plan.

• Copy of previous UMR health insurance cards, via Xxxxx former employer, showing us both covered under the same (former) insurance plan.

• Copy of current United Health Care insurance, via Xxxxx current employer, showing us both covered under the same insurance plan.

• Copy of current  dental/ vision insurance (with Principal), via xxxxxx employer, showing us both covered under the same insurance plan.

• Copy of Xxxxx life insurance through previous employer, desginating spouse Xxxxx as beneficiary.

Exhibit J:

• Copies of Sam’s membership  Account Number: xx-xxx-xxx-xxx-x, starting on xx/xx/xxxx listing us as joint members.

Exhibit K:

• Copies of Xxxxxx Individual Retirement Account (from former WV employer) naming Xxxxx as beneficiary of the account.

• Copy of Xxxxx Individual Retirement Account from Teachers Insurance and Annuity Association of America (TIIA) beneficiary designation letter? listing Xxxx as beneficiary of the account.

 

Exhibit L:

• Copy of Xxxxx Progressive Vehicle Insurance Card showing Xxxx as covered by this insurance.

• Copy of Xxxxx Horace Mann Vehicle Insurance Card showing xxxx as covered by this insurance.

• Copy of Progressive Home Advantage Insurance policy statements listing our joint residence at xxxxx as covered. Policy number: xxxxx Covered from xxxxx, 2021 to xxxxx, 2022.. 

• Veterans United joint mortgage statements from August 2021 to xxxxx/2021

Exhibit M::

• Flight reservations for our (postponed) trip to Argentina in July 2020.

• Hotel reservations done on both our names.

Exhibit N:

• Copies of photos of us together at various events with family and friends throughout the years

 

[JandEB 3]

Thank you for the replies, especially Roccio, your list was particularly helpful, if frightening in its length and complexity. The documentation makes it sound like a relatively simple thing if you have something from each category, but some of the explanations from you and from mam521 give me at least a little insight into the mindset of the USCIS when looking at it.

 

Thanks also to those who pointed out the IRS transcript. I've never actually needed to use a transcript for anything, and the documentation mentioned the 1040, not the transcript if I remember correctly, so I had no idea that was a thing anyone would ever ask for. I've now gotten those for all available years so that should resolve that complaint.

 

I'm wading through my HR department now to figure out what documentation identifies my wife as beneficiary on their policies since most of our insurances are through my employer and they didn't accept the insurance cards as proof. Roccio, thanks for mentioning the home and auto insurance especially because I hadn't thought of those yet. You gave me several ideas of documents I hadn't considered that could be useful.

 

 

[Rocio0010 5,560]

12 hours ago, JandEB said:

Thank you for the replies, especially Roccio, your list was particularly helpful, if frightening in its length and complexity. The documentation makes it sound like a relatively simple thing if you have something from each category, but some of the explanations from you and from mam521 give me at least a little insight into the mindset of the USCIS when looking at it.

 

Thanks also to those who pointed out the IRS transcript. I've never actually needed to use a transcript for anything, and the documentation mentioned the 1040, not the transcript if I remember correctly, so I had no idea that was a thing anyone would ever ask for. I've now gotten those for all available years so that should resolve that complaint.

 

I'm wading through my HR department now to figure out what documentation identifies my wife as beneficiary on their policies since most of our insurances are through my employer and they didn't accept the insurance cards as proof. Roccio, thanks for mentioning the home and auto insurance especially because I hadn't thought of those yet. You gave me several ideas of documents I hadn't considered that could be useful.

 

 

You're welcome! Feel free to use the letter as a template and tailor it based on what you have. 

Regarding IRS transcripts, even if not for immigration, it is always good to have them just in case. You never know when you're going to need them. 

Keep in mind that, even though they only asked for tax transcripts, you could and should include other evidence that proves comingling FOR THE WHOLE PERIOD YOU'VE BEEN MARRIED

When you send the package, this is how you should organize it:

- RFE letter on top.

- Your cover letter

- Index tabs

- The evidence, organized and labeled with bottom sticky tabs.

- Top double punch hole and out together with an ACCO binder.

Make a copy of the package, keep the copy, send the original with a tracking number.

Good luck!