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SFbound

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    How we responded to an RfE for a Removal of Condition application

    in Removing Conditions on Residency General Discussion

    Posted

    Back in November 2012, I had entered the U.S. on a K1 fiancé visa. The entire immigration process had gone very smoothly all the way up to, and including, the Adjustment of Status. Then, in February of this year (2015), my wife and I applied for Removal of Conditions.

    End of June, however, we received an RFE. The adjudicator stated that we had not provided sufficient evidence of a bona fide marriage.
    This was a set-back, but not a reason to freak out, thanks to the many posts about RFEs here on VisaJourney. So, thank you very much to all of you who have shared your experiences with Requests for Evidence on this site!
    In our original application, we had included the following documents:
    • Pictures from joint vacation trips
    • Travel itineraries that correlated with the pictures
    • Complementary assignments as primary beneficiaries for retirement accounts
    • Recent statements showing joint ownership of checkings and investment accounts
    • Recent tax statement showing joint ownership of our car
    • Recent utility bill addressed to both of us
    • Recent mobile phone invoice, listing both of our mobile phones on the same contract
    The keyword here is "recent."
    Our assumption was this: If we can show that we're living together and have shared financial interests now, then that would sufficiently demonstrate that we have a bona fide marriage. After all, we had already successfully proven in our Green Card interview that our marriage is, indeed, bona fide.
    We were wrong.
    The letter from USCIS expressly stated that we had only included recent documents, instead of covering the entire duration since our wedding. This is important to note, because quite a few posts in the VisaJourney forums state that it is not necessary to cover this entire duration. At least our adjudicator very obviously did not agree with that point of view…
    The stack of documents -- just under an inch thick -- that we then sent to USCIS contained the following, all of them starting as far back as the month after our wedding:
    • Both drivers licenses
    • Both SSN cards
    • Joint checking account banking statements for every four months since our wedding
    • Health insurance cards showing shared coverage
    • Beneficiary information for IRAs, listing each other as primary beneficiary
    • Enrollment confirmation for employment benefits, listing each other as primary beneficiary
    • Car insurance listing both of us as "operators"
    • Purchase and loan documents for jointly purchased car
    • Jointly filed tax returns for 2012, 2013, 2014
    • Selection of utility bills, showing both of our names, and/or shared services -- like a Hulu subscription -- under one of our names
    • Excerpts from our Wills and Powers-of-Attorney
    • Year-end card from 2012, telling our story, and a receipt showing that 70 copies of the card were ordered
    We submitted this package mid-July, and it was delivered to the service center in Laguna Niguel, CA, on July 29. On August 10, we received our approval letter. The now-unconditional Green Card arrived a week later.
    I hope that sharing this little story, and our list of document, will make the process a little bit easier for other VisaJourney members out there.
    Good luck to all of you!
    J & J

    Yes, you can visit!

    in K-1 Fiance(e) Visa Process & Procedures

    Posted

    A few days ago I entered the U.S. to visit my wonderful fiancée.

    We had applied for a K-1 visa at the end of February. The NOA2 had arrived shortly before I got on the plane to get here.

    To prove my ties to my European home country, I had compiled a package containing:

    • our original I-129F application in its entirety
    • a tabular overview of my visits to the U.S. in recent years
    • copies of the NOA1 and NOA2
    • my car papers
    • a print-out of a recent bank statement

    The latter conveniently includes the annual vehicle tax payment, so the very least tie to my home country I could provide is that I still own my car. :)

    The key part of my conversation with the immigration officer went like this:

    IO: "What are you here for?"

    Me: "To visit my fiancée."

    "OK. When will you get married?"

    "Probably in December. We've applied for a K-1 and recently received the 2nd Notice of Action."

    "Do you know that you can adjust your status while you're in the U.S.?"

    I was taken aback by this question, because I knew that an AOS during this stay would be a violation of visa regulations. Hence …

    Me: "Excuse me?"

    "Do you know that you can file for adjustment of status while you're in the U.S.?"

    "I do, but then I would run the risk of being deported, and I am not going to screw this one up!"

    That's literally what I said.

    The faintest hint of a smile on the immigration officers' still-stern face, and the subtlest nod of approval told me that that was the kind of answer he wanted to hear.

    IO: "Four fingers of your right hand, please."

    With my hand on the fingerprint scanner, I said …

    "We've been doing this very-long-distance relationship thing…"

    "Right thumb."

    "… for almost five years now, and …"

    "Left hand."

    "… I am really not going to screw this one up!"

    "Left thumb. — Look at the camera."

    Two familiar questions — "What does your fiancée do? How did you meet?" — closed off the interview. After he had confirmed my planned departure date one more time, the officer gave me a full 90-day WT "visa".

    Judging from other people's stories on the VisaJourney forums, the experience at immigration can differ quite a bit, and all I can contribute is this little anecdote. That said, here's what I would suggest you keep in mind if you intend to visit your fiancé(e) while your K-1 is still being processed.

    Be open and up-front about your K-1 application

    I got the feeling that, once the IO knew about the pending K-1 visa application, he understood that I was serious about legally entering the U.S. In fact, I had the impression that this interview was considerably less pushy and disconcerting than what I had usually gone through before we had applied for the visa.

    Know your rights and obligations regarding your visit

    By pointing out that I was aware of what could happen if I filed for an AOS now, I could demonstrate to the IO that I am familiar with applicable visa regulations and know how -- and more importantly, why -- not to violate them.

    Bring documents showing ties to your home country, plus the entire I-129F package

    Even though the IO did not look at them at all, I found it comforting to know that I had a solid set of documents with me that would prove that, again, I was serious about entering the U.S. legally, and that I had good reason to return home one more time.

    If things go according to our plan, this will have been the last time I visited the U.S. of A. as a tourist, and I can't wait to start using Immigration's "Citizens & Permanent Residents" lane in the not-so-distant future. ;)

    May your own visits go smoothly, as well!

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