T&M

You came to the forum asking for help and advise..... it was given..... you did not like what you were being told.... you then attacked the people who were trying to help you....

You say "Anybody with common sense will understand" well if we have all learnt one thing it is that with USCIS common sense does not play any part in the immigration process...

You think you now have enough evidence "Being that I'm young, (yes, Jewel) they'll understand" well they make no allowances for age either young or older.... we all have to supply the same evidence.... But of course you being young know better than those of us who have been around a bit and have learned that sometimes we can be wrong and that we do need to listen to other.....

Well good Luck

Kez

Sigh. I did not like what was being told? I simply listened and applied what was applicable. I can't be force to send something that I don't have I wonder why that’s so hard to understand. Why isn't anybod telling this person they're in trouble:

http://www.visajourney.com/forums/index.php?showtopic=68499

I wonder what makes her evidence so special that I'm lacking. Hm. Whatever though.

We don't know that, all we have is his word to go by, he hasn't proven it sufficiently to me

Perhaps that was a bit of a facetious statement, but I have learned through this process that you can't leave anything to chance.

Sure, they might not have a lot of joint assets or liabilities, but there's lots of other things he could submit (many of which have been listed in detail in this thread) to cover it. A letter of explanation is not going to cut it, IMHO. I predict he and his spouse are going to get hauled in for an interview, and if he presents himself to the adjudicator as he has in this thread (ie. the jealousy comments come to mind here), he's going to be in trouble.

I went into preparing my I-751 submission with the attitude that I will not leave any doubt that I have a bonafide, ongoing relationship with my husband. I might have erred on the side of excess, but I wasn't going to leave the door open for questioning.

This first time of filed I-751 form I enclosed: Two letters from friends; Bank Statements. That's it.

Next week I'm going to submit: explanation letter, notarize letter from my parents saying we live at this current address, copy of the tax statement for 2006 showing we filled as a married couple,

letter form an elder saying he sees us attending bible instructing meetings every week, copies of her State ID and my DL, card signature from the Bank showing joint ownership on checking and saving accounts, copy of the title of our car showing joint ownership and Arizona State Retirement. I might throw in some cards.

If you still think I'm in trouble. Then you're crazy. Being that I'm young, (yes, Jewel) they'll understand. Anybody with common sense will understand. With that being said. State some facts that my marriage is fraudulent detective.

Thanks lucyrich! I read all the was contain in 21.5 I’m definitely a B. Once I submit a cover letter and additional evidence I should be good to go

I didn't mean to inspire complete confidence. Remember that one of the listed reasons for assigning a fraud level of "A" is "Insufficient evidence". They don't publically tell us exactly where the sufficient/insufficient boundary lies, so I wouldn't be so confident you're on the right side of it.

And remember that you DO carry the burden of proving the validity of your marriage; they don't have to prove you've committed fraud. If it comes down to it, the interview process will give you the opportunity of showing that validity. It's up to you to politely cooperate enough to make sure the interview results in them finding you eligible for approval.

Don't worry; you didn't inspire me with complete confidence. I do know from the bottom of my heart that all is true. I will give them what is applicable. Explain the NAs and that's it. I'm not going to stress over this. Good day

Thanks lucyrich! I read all the was contain in 21.5 I’m definitely a B. Once I submit a cover letter and additional evidence I should be good to go

A couple has the burden of proving, via a preponderance of the evidence, that the marriage is bona fide and not for the purpose of immigration benefits.

I'd recommend T&M read chapter 25.1 of the Adjudicator's Field Manual carefully. It tells specifically how they adjudicate I-751's (AOS is different, BTW). It's available on the USCIS Website

The adjudicating officer has the option of denying outright without an interview, but only if there's clear undisputed evidence of fraud. Unless there's something incriminating that's been hidden from us here, I don't think this case comes anywhere near that level. So the worst that will happen is an interview.

But my wild guess is that the minimal evidence provided will raise some suspicion. My wild guess is that it will be assigned a fraud level somewhere around B, which doesn't guarantee an interview before approval, but makes one likely. A district officer may choose to interview between 30% and 100% of all cases at level B.

My further wild guess is that, assuming everybody is respectful toward the interviewing officer(s), the interview won't uncover a problem and the case will be approved.

There's no requirement that a couple have specific financial evidence. Merely that they live together in valid marital union, and that they show that the marriage is bona fide and not for the purpose of evading immigration law.

Thank you kind sir.

Kindly show me where I made cavalier responses.

I took this from another post. This is kind of evidence you require. If you can't supply this kind of evidence you need to hire an immigration attorney. If you don't seek proffesional help, you will be heading back to the Philippines.

Here is what I've gathered together so far:

- Mortgage Deed in both our names

- Bank Statements in both our names

- Loan agreement & statements in both our names

- Vehicle insurance policies in both our names

- Husband's medical insurane policy showing me as beneficiary & card copies

- County Tax statements in both our names

- Federal tax returns in both our names

- Copies of joint credit cards & statements

- Electric & cable bills in both our names

- Phone bills in my name only

- AAA membership statements in both our names

- Trip itinerary & boarding passing from our last vacation together

- Copies of each our Drivers Licenses showing same address

Void and null. Nowhere in I-751 directions said those are requirements.

How does a state ID prove you are a real married couple?

Same address.

I have the same address as my ex-wife and we are not married...

Zoned for two? Anyway, someone on this forum had advised me to include a copy of her state I.D.

How does a state ID prove you are a real married couple?

Same address.

If I didn't make enough to file a tax return, I would be debt free too, because no bank would even consider giving me a loan

T&M, I think the worst thing that can happen to your wife immigration-wise is an interview. You don't have much evidence, but you're a legitimate couple and you're filing a joint I-751 - joint petitions don't get denied, unless the marriage is an outright sham. If you get called for an interview, you will explain everything to the IO, and you may very well be fine. My 2 cents.

Did you read the beginning post -- they already don't believe him, based on the evidence he submitted! Hence the RFE! If he continues to ignore the very wise advice he has received in this thread from many people, they are going to be in trouble -- I'm not convinced he will even get to the interview stage based on the evidence he plans on submitting. I could be wrong.

Yeah, I think you're wrong. I think Jewel is dead on. It's not that they didn't believe per-se, they probably just wanted a little more evidence or a explanation of why then what I had submitted. I just got back form the DMV to renew her state I.D. and add her name to the car title. Went to the bank and they give me a signature card. Went downtown to get a copy of her State return; so all I need to do now is wait for the federal return; then start wrapping this RFE up. I honestly think were I goofed up is that I didn’t write a cover letter explaining my situation in the get-go. Have I had done so, I wouldn’t got a RFE. One person I told laugh it off and told me to just explain to them and don’t worry about. I’m sure the examiner will understand.

Wow just think of the return you would have got if you had claimed as married filling jointly....

I was thinking the very same thing

According to turbo tax, it wouldn’t have made a difference. Maybe their software was faulty.

I don't need and couldn't care less about life insurance

Put that in your letter also. Should help a lot!

What? You Superman?

How about a will showing your wife gets everything what ever that may be?

Buy life insurance and send in the policy.

You can always cancel it if you don't care what happens to your wife if you should go "belly up"!

Sigh. Did I say that I didn't care what happens to my wife if I should die? Is it a crime not having life insurance? Must be. I'm living debt free so I don't see were life insurance comes into play. Not only that but our joint savings account will be able to take care of her financially. My goal is to get to a point were we can live of the interest. Pretty easy to achieve if you have no debt. No bills. No kids. Etc…

Good Luck with the living off the interest..... maybe you wont be so keen to just live off the interest when your wife's removal of conditions gets refused for lack of evidence.... your letter will prove nothing.... USCIS are looking for hard evidence, you have been given some very good advice here on how you can get the evidence your wife will need to be able to remain in the US.... Maybe its time for you to look at your life and move into the adult part of it.... all very good being debt free but you are only able to do that because your parents are paying for you both... bet their not debt free.... You get to live of your interest only because you are living off your parents.......Made an appointment to see a immigration lawyer.... you are going to need one to try and keep your wife here in the US....

Kez

Relax. Hm. I sense a little jealously. It makes me wonder why you're just throwing random nonsense statements and you don't know anything about my life. I could do so like-wise but I'm going to maintain my adult etiquette. Show me where I said I'm living of my interest right now? Goal dude. Goal. My parents are paying for us both? O.K. If it makes you feel better. Unofficially, my parents are living with us. And I believe I don't have to give you a fable. My dad is retired man. Also my parents are debt free. I thank my parents for being such good role models. There are a lot of people that envy us ~ like you. (See? How does it feel to throw random statements?) Oh yeah, I'm use to it though.

Jealous.... I dont think so.... I too live debt free... only diffrence is I own my home and I pay my credit cards off each month.... I pay all my own bills.... you say that unofficially your parents live with you.... yet you have no lease or deads or mortgage... you have no bills.... you do not have enough income to file taxes but you have a joint savings account.... oh and by the way if you had filed your taxes as Married filling jointly you would have qualified for a bigger exemption and your wife would not have had so much tax to pay... these are all things that you could have used as evidence... Do I wish I was in your shoes???? hell no... you are going to have a very hard time trying to prove to USCIS that your have a ligit marriage based on the little evidence you have talked about here.... I too set my childeren a good example they are both adults and have good jobs, they own there own homes and I have a wonderful granddaughter so no jealousy does not come into it.....

Kez

We didn't have to pay any taxes out - thank you very much. In fact, she received a nice decent return. I've been saving up @ a very young age. When my parents move out, this house is officially mines. Do you understand? It’s ok to envy us. Normal and mature adults wouldn’t have said things you said. A mature adult would give praise because of the simple life I’ve chosen; not ramble nonsense like the way you’re portraying.

I don't need and couldn't care less about life insurance

Put that in your letter also. Should help a lot!

What? You Superman?

How about a will showing your wife gets everything what ever that may be?

Buy life insurance and send in the policy.

You can always cancel it if you don't care what happens to your wife if you should go "belly up"!

Sigh. Did I say that I didn't care what happens to my wife if I should die? Is it a crime not having life insurance? Must be. I'm living debt free so I don't see were life insurance comes into play. Not only that but our joint savings account will be able to take care of her financially. My goal is to get to a point were we can live of the interest. Pretty easy to achieve if you have no debt. No bills. No kids. Etc…

Hold on a sec, and let's put this immigration stuff aside for a moment. Come on, give us your secret. How can a person that doesn't make enough money to file a tax return, and who travels to Mexico for cheaper health care....live off interest? Even if you do not earn income in the way of salary, surely there are interest and dividends to report, if you are sitting on such a nest-egg. Something doesn't add up to me!

It's just my goal. Read carefully Let's put it this way. I’ll give you an example. My brother has been saving up since he got his very first job @ age 15. He's now 24. He has 2 money market accounts, one CD account and a checking account he uses for general purchasing.

I don't need and couldn't care less about life insurance

Put that in your letter also. Should help a lot!

What? You Superman?

How about a will showing your wife gets everything what ever that may be?

Buy life insurance and send in the policy.

You can always cancel it if you don't care what happens to your wife if you should go "belly up"!

Sigh. Did I say that I didn't care what happens to my wife if I should die? Is it a crime not having life insurance? Must be. I'm living debt free so I don't see were life insurance comes into play. Not only that but our joint savings account will be able to take care of her financially. My goal is to get to a point were we can live of the interest. Pretty easy to achieve if you have no debt. No bills. No kids. Etc…

Good Luck with the living off the interest..... maybe you wont be so keen to just live off the interest when your wife's removal of conditions gets refused for lack of evidence.... your letter will prove nothing.... USCIS are looking for hard evidence, you have been given some very good advice here on how you can get the evidence your wife will need to be able to remain in the US.... Maybe its time for you to look at your life and move into the adult part of it.... all very good being debt free but you are only able to do that because your parents are paying for you both... bet their not debt free.... You get to live of your interest only because you are living off your parents.......Made an appointment to see a immigration lawyer.... you are going to need one to try and keep your wife here in the US....

Kez

Relax. Hm. I sense a little jealously. It makes me wonder why you're just throwing random nonsense statements and you don't know anything about my life. I could do so like-wise but I'm going to maintain my adult etiquette. Show me where I said I'm living of my interest right now? Goal dude. Goal. My parents are paying for us both? O.K. If it makes you feel better. Unofficially, my parents are living with us. And I believe I don’t have to give you a fable. My dad is retired man. Also my parents are debt free. I thank my parents for being such good role models. There are a lot of people that envy us ~ like you. (See? How does it feel to throw random statements?) Oh yeah, I’m use to it though.

I don't need and couldn’t care less about life insurance

Put that in your letter also. Should help a lot!

What? You Superman?

How about a will showing your wife gets everything what ever that may be?

Buy life insurance and send in the policy.

You can always cancel it if you don't care what happens to your wife if you should go "belly up"!

Sigh. Did I say that I didn't care what happens to my wife if I should die? Is it a crime not having life insurance? Must be. I’m living debt free so I don’t see were life insurance comes into play. Not only that but our joint savings account will be able to take care of her financially. My goal is to get to a point were we can live of the interest. Pretty easy to achieve if you have no debt. No bills. No kids. Etc…

Is this letter good enough to please the officer?

Dear USCIS examiner:

Enclosed is some of the evidence you requested. Not all the information you requested applies to my wife and I. We are all happily living together debt free and request that this petition be accepted for removal of conditions on the residence of my wife. We are currently living with my parents so we don’t pay rent, utility bills or have a house mortgage. We have no loans or insurance policies. Medical treatment is cheaper in Mexico so that’s why we have no medical insurance. My wife doesn’t know how to drive so that’s why there’s no joint car insurance. A Birth Certificate for a child is not available because there are no children. Basically, we are just living a peaceful, simple live.

Enclosed also please find the following documents to verify the status of our marriage and ongoing relationship:

• A notarize letter from my parents saying we live at this current address

• Copy of the tax statement for 2006 showing she filed as a married person

• Library card

• State ID

• Letter form the Bank showing joint ownership

• Arizona State Retirement showing me as the beneficiary.

You may feel free to inquire at any of the sources of enclosed documentation for validity of their statements, and you are always welcome to visit our home should you ever desire to do so. Please advise me if you have any further questions or problems related to this petition.

Sincerely,

US citizen spouse

--------------------------------

this is all well and good, but if that's all the evidence you plan to submit, you're in trouble. A letter isn't going to satisfy them. You have received a lot of great ideas for evidence in this thread and I hope you take them into consideration.

Yes, I received a lot of great ideas for evidence in this thread and yes, I took them into consideration. But I simply can't send something I don't have. Period. I think a letter would have satisfied them if I had included it the first time around, but I didn't. I just sent them my joint bank statements and two letters from friends as per directions. No cover letter explaining my situation whatsoever and I think that's what causes the RFE.

Is this letter good enough to please the officer?

Dear USCIS examiner:

Enclosed is some of the evidence you requested. Not all the information you requested applies to my wife and I. We are all happily living together debt free and request that this petition be accepted for removal of conditions on the residence of my wife. We are currently living with my parents so we don’t pay rent, utility bills or have a house mortgage. We have no loans or insurance policies. Medical treatment is cheaper in Mexico so that’s why we have no medical insurance. My wife doesn’t know how to drive so that’s why there’s no joint car insurance. A Birth Certificate for a child is not available because there are no children. Basically, we are just living a peaceful, simple live.

Enclosed also please find the following documents to verify the status of our marriage and ongoing relationship:

• A notarize letter from my parents saying we live at this current address

• Copy of the tax statement for 2006 showing she filed as a married person

• Library card

• State ID

• Letter form the Bank showing joint ownership

• Arizona State Retirement showing me as the beneficiary.

You may feel free to inquire at any of the sources of enclosed documentation for validity of their statements, and you are always welcome to visit our home should you ever desire to do so. Please advise me if you have any further questions or problems related to this petition.

Sincerely,

US citizen spouse

--------------------------------

It's really not my fault that I choose to live the simple live. I'm not going to go into detail since I already give you guy's my information and situation. There no need in repeating. I remember on the tax returns I checked the box "Married but filling separately" I didn't make enough to file "Marry filling jointly" Turbo tax wouldn't allow that. Anyways, the best I can do is explain to them.

T&M,

You don't have to present Joint Tax returns for USCIS as evidence of a bonafide marriage, you have to present "tax returns that demonstrate you filed as a married person". There is a difference. What in "Married but filing separately" implies that one files and the other doesn't? Are you not making enough to be required to file a tax return? Or is it that as a sub, you aren't declaring all the income you make? If you have no requirement to file a tax return, then simply show that to USCIS as evidence of why you didn't file.

Now, in the event that you present evidence that you are married but filed your tax returns separately, you're well advised to present further evidence to demonstrate that the reasons your tax returns were not joint has nothing to do with a unravelling marriage.

Yes, the tax return transcript should show that my wife filed as a married person. I, on the other hand simply didn't make enough to file my own return.

It's really not my fault that I choose to live the simple live. I'm not going to go into detail since I already give you guy's my information and situation. There no need in repeating. I remember on the tax returns I checked the box "Married but filling separately" I didn't make enough to file "Marry filling jointly" Turbo tax wouldn't allow that. Anyways, the best I can do is explain to them.

hi, WHERE DID YOU FILE AND WHEN DID YOU FILE?

I filled @ the California service center around the 2nd or 3rd week of May 2007.

No, I don't celebrate Christmas and unfortunately I don't have any anniversary cards. But thanks to you and others that posted in this thread, I think I have enough information to get by Thanks everyone!

Thanks for the reply! My situation is kind of awkward. Basically, I'm living debt free right now. My only bills are my student loan and car insurance. None of them apply to her since they're not joint. We both work. She's full time and I'm just a sub. I don't need and couldn’t care less about life insurance (no offence). They are asking for the BC of a child.

So basically I'm going to submit:

An official letter from my back account stating there's joint ownership

A notarized affidavit stating that we're living with my parents and basically I'm debt free.

A copy of a library card and a statement form the library saying that the address is current.

State I.D. with current address though it expired July 8 2007

Tax returns. (How do I get copies if I filed electronically?)

A letter from a Elder from my local Church stating that we were last seen on July 14,15 and 16 at a large District Convention and also a copy of the invitation.

------------------

Cassie, please let me know if this is sufficient.

The things I've submitted when I had filed the I-751 form was 3 letters saying they know and my spouse and I and a bank statement showing a joint account. Today I receive a Request For Evidence paper telling me that I need to submit:

Birth Certificate: I don't have any children

Copies of Joint tax returns: I simply didn't make enough to file jointly (I'm a sub)

Copies of mortgage agreements: I don't have any damn mortgage

Copies of Insurance policies: Don't have any whatsoever. We go to Mexico for medical. She can't drive yet so I don't have joint car insurance and we're too young for life insurance.

Copies of credit card statements: I did submit copies of my joint bank account.

Copies of loan documents: I don't have any loans whatsoever.

Any other documentation which shows that the marriage was not entered into in order to evade the Immigration Laws of the Untied States: ......

----------------------------------------------

So what other documentation/evidence can I submit? By the way, I'm living with my parent’s momentary. I don't pay rent; I don't pay any utility bills. I'm confused as to what else they want.

CAN YOU GUYS PLEASE HELP ME? What do I do?