Request for Additional Evidnce Notice

[MattinPA 0]

Hi Folks! My wife and I are in the process of getting conditions removed from her permanent residency, but we got a request for more evidence notice. Now we don't have our own home or any children, and we don't have joint banking accounts because we like our banking practices as they were, and we each have our own health insurance. We did submit our joint tax returns, lease for our current apartment, photos of us, greeting cards sent to us, 6 affidavits, and life insurance beneficiaries being each other. We received a notice for more evidence, so we are sending several emails between the two of us throughout our marriage, screenshots of our inboxes showing several hundred emails between the two of us, all the text messages between us over the past year which covers about 49 pages, 35 or more pictures of us together during this time at family events on both sides of our marriage, 8 more affidavits one of which my sister and her husband state they are naming us as guardians of their daughter if anything happens to them, past proof of living at the same address before the current lease which we sent, and we have setup our last wills and trusts giving each other everything in the event of one of us passing as well as power of attorney in the case one of us is incapacitated, as well as our renter's insurance covering us both together, and a copy of our mortgage application we filled out after getting married. But since we don't have any assets yet and no children, and we haven't merged bank accounts since we didn't feel like doing that until we own our own home, does anyone know if USCIS will likely accept this as sufficient evidence? Because we don't know what else to do and are a little bit nervous because of the request for more evidence.

[F & J 21]

What did your RFE notice say exactly?

We received an RFE notice too but it wasn't one of those general ones - they specifically asked for Evidence of Communal Residence. http://www.visajourney.com/forums/topic/343787-i-751-january-2012-filers/page__view__findpost__p__5535111 so we made sure to include a LOT of evidence that shows that we do live together.

Edited August 16, 2012 by F & J

[Sam_nov_11 0]

Hi MattinPA, Can you please provide your

I-751 filling date

NOA 1 Date

RFE Date

I am still waiting for any response.

[MattinPA 0]

sorry for the delay, here is exactly what it says in the attached JPEGs

Hi MattinPA, Can you please provide your

I-751 filling date

NOA 1 Date

RFE Date

I am still waiting for any response.

Don't worry they are way behind. We filed on Nov 2, 2010 and got the extension letter maybe a month later. We didn't receive this notice until a week ago.

[F & J 21]

sorry for the delay, here is exactly what it says in the attached JPEGs

Okay, first of all, make sure that the evidence you submit spans the ENTIRE duration of your marriage.

For the things that you don't have that they specifically requested, if you can, write an attachment letter explaining why you don't have it and what you have in place of it.

Communal Residence - if you don't have anything that shows both names, write an attachment letter explaining why and include documents that show your name and then your spouse's name but with the same address. Driver's Licenses or State IDs showing same address will help too.

Joint bank accounts - since you mentioned that you don't have joint accounts, do you have any proof that you both pay for utility bills? If you do, make sure you include bank statements and highlight those payments. These statements may also serve as evidence of communal residence if your separate bank statements show the same address.

Joint tax returns - make sure you send in official tax transcripts from the IRS if you didn't do so already. Did you file jointly? That always helps. The notice said you submitted your 2009 and 2010 tax returns. What about 2011? Do you have the tax transcript for that yet? If not, you can call the IRS to request it. It takes about 1-2 weeks via mail or you can ask them to fax it to you. If you don't have a fax machine, you can go into your local IRS office and they will print it out on the spot for you

Utility bills - are they all just in one name or are some of them in your name and some in your spouse's name?

Insurance policies - it might be worth it to send those in too even if they aren't joint if they show the same address.

Joint mortgage or loans - are you an authorized user on each other's credit cards? If you are, make copies of your credit cards (you can black out the account numbers except for the last 4 digits just to show that they match then include bills / statements from the beginning of your marriage to the present (we included one statement from each quarter).

For affidavits, it can't hurt to have them notarized by the people who wrote them if it's not too much trouble. Make sure they also include their contact information in case USCIS decides to contact them. (I've never heard of this happening but it can't hurt to have everything covered.)

I hope that helps!!!

The most important thing though is to send documents spanning the whole duration of your marriage!

[Sam_nov_11 0]

You filed Nov 2 2010 or Nov 2 2011 ?

Write a letter explaining your situation and can you send:

driver license (same address)

Bills (Both name on it)

And other documents showing joint tenancy.

Send as much as you can.

[MattinPA 0]

for communal residence we are going to send it bank statements showing the same addresses for us across the entire time of marriage. We don't have utility bills and such from 3 years ago though. We didn't think we would need them. Our current ones are in my name because my wife is only an occupant on our lease since the apartment's credit qualifications were slightly above my wife at the time. We have a letter from them explaining such to submit. We will explain everything as to why we don't have them in the cover letter. Also we can highlight all of rent payments during these times as well and make note of that in the letter. We will also send current copies of our licenses showing the same address. We will send in our 2011 tax returns as well which we didn't before because we hadn't yet filed by the time we originally filed for the conditions removal. At that time 2011 wasn't over yet. We just sent them copies of our tax returns that we had before and it seems they accepted them. We have our renter's insurance with both our names on it. We are not authorized on each other's credit cards because we never had any need to do that before. For all 13 affidavits we will have notarization on them. Given all the evidence we are sending in that I listed out we are also going to explain that all of our affidavit writers are anxious to testify for us, we request an interview to put any issues USCIS has to rest, and if it would help we invited a representative to come live with us until they have peace of mind! We are just nervous to be declined when we have a true sincere marriage :S

[F & J 21]

We will explain everything as to why we don't have them in the cover letter.

It might be better if you actually wrote the explanation as a separate attachment letter, NOT on the cover letter.

This is from the USCIS website:

General Tips on Assembling Applications for Mailing

http://www.uscis.gov...00045f3d6a1RCRD

• If you believe your situation to be unique, explain it fully in an attachment to the packet, not as a cover letter.

Good luck!!! I hope you get your approval soon!

[MattinPA 0]

Gotcha, should we just amend our cover letter for our I-751 to reflect that it is in response to an RFE and list out the evidence included as before and then just put a letter of explanation behind it?

[F & J 21]

Gotcha, should we just amend our cover letter for our I-751 to reflect that it is in response to an RFE and list out the evidence included as before and then just put a letter of explanation behind it?

Yes Our cover letter had our names + address block then the date then USCIS address then under that we had the subject line: RE: Response to Request for Evidence for I-751 Joint Petition to Remove Conditions on Residence for _________________ (name and A#). Make sure you include the A# and I-751 receipt number (from Biometrics appointment notice) on the cover letter and your attachment letter. List all of the items you will be including in your packet on the cover letter (like a table of contents).

We actually had 6 attachment letters of explanation so we placed each letter in front of the section of documents it pertained to but if you're only writing one letter, it makes sense to put it in front of all your documents

Don't forget to put the the original RFE notice on top of EVERYTHING!

Edited August 16, 2012 by F & J

[F & J 21]

Oh! And don't forget to add the attachment letter to the list in the cover letter!

Also, put something like "Attachment to Response to RFE for I-751 Joint Petition..." on the letter and then put a subheading for every section - like JOINT LEASE, UTILITY BILLS, BANK ACCOUNTS, etc.

[MattinPA 0]

Thanks a bunch, I hope this will be enough for them!!!

[F & J 21]

Thanks a bunch, I hope this will be enough for them!!!

You're welcome! GOOD LUCK!!! I hope you get your approval soon after you send your response! ^___^

[DebbyNSeyi 15]

It would really help other people here in here get an idea of the timeline if you can create yours.

Thank you.

[jftbrocks 0]

I had an RFE too for removal of conditions. I had less documents because we don't rent, no shared utility bills etc. I gave them a copy of our health insurance contract, scan of our driver licenses that shows we have the same address and letters from our families and friends proving that we live as husband and wife. I think the one that got me approved are the tax transcripts from IRS. If you don't have them, you can order it online or by phone. Free of charge.