RFE re: "Good Faith marriage" - what to do if limited evidence of financial co-mingling

[thatbritishlass 2]

Hello peeps!

I was starting to think I was an old hand at this malarkey, but USCIS just keep throwing me those curve balls (US)/googlies (UK).

I received an RFE yesterday for my ROC stating that I had failed to demonstrate to a sufficient degree that we entered into a "good faith" marriage. General annoyance and furiousness that this is suddenly an issue after 3 years aside...

The RFE specifically states that the application did not show sufficient co-mingling of finances and residence. Here is where the problems start.

My OH has a checkered financial history and bad credit, so I made the conscious decision to keep our finances separate from the get go. There is pretty much nothing with both our names on it. I was an authorised user on one of his credit cards, but I had myself removed as it was dragging my fragile new credit score down. Even our lease is only in my name because they ran a credit check on application.

I already provided health insurance cards, our 2012 tax return, utility bills in individual name showing the same address, and photos.

Here is what we do have:

- One joint bank account that has a nominal balance and is rarely used (i.e. neither of our paychecks goes in there and we pay no bills from it)

- We are beneficiaries on one another's life insurance policies offered through work

Here is what I can get:

- My husband's name added to the lease, but that will be dated after the RFE date

- Wills drawn up in both our names showing one another as beneficiaries, but again, will be dated after the RFE date

- Affidavits testifying to the true nature of our relationship until the cows come home

I guess my question is - will this be sufficient? And will it cause more problems if I provide documents dated AFTER the RFE, as they will assume (and they'd be right!) that they were only produced because of the RFE?

At this point I am so fed up of USCIS I almost don't care anymore, but I suppose I ought to at least try and avoid deportation

[SalJoy 11]

Some suggestions:

Car Insurance policy card - should show both of your names if you both are designated drivers

Car Title - If you are both on title

Life Insurance policy showing beneficiary details

Driving License showing same address.

[Navyk 78]

Hello peeps!

I was starting to think I was an old hand at this malarkey, but USCIS just keep throwing me those curve balls (US)/googlies (UK).

I received an RFE yesterday for my ROC stating that I had failed to demonstrate to a sufficient degree that we entered into a "good faith" marriage. General annoyance and furiousness that this is suddenly an issue after 3 years aside...

The RFE specifically states that the application did not show sufficient co-mingling of finances and residence. Here is where the problems start.

My OH has a checkered financial history and bad credit, so I made the conscious decision to keep our finances separate from the get go. There is pretty much nothing with both our names on it. I was an authorised user on one of his credit cards, but I had myself removed as it was dragging my fragile new credit score down. Even our lease is only in my name because they ran a credit check on application.

I already provided health insurance cards, our 2012 tax return, utility bills in individual name showing the same address, and photos.

Here is what we do have:

- One joint bank account that has a nominal balance and is rarely used (i.e. neither of our paychecks goes in there and we pay no bills from it)

- We are beneficiaries on one another's life insurance policies offered through work

Here is what I can get:

- My husband's name added to the lease, but that will be dated after the RFE date

- Wills drawn up in both our names showing one another as beneficiaries, but again, will be dated after the RFE date

- Affidavits testifying to the true nature of our relationship until the cows come home

I guess my question is - will this be sufficient? And will it cause more problems if I provide documents dated AFTER the RFE, as they will assume (and they'd be right!) that they were only produced because of the RFE?

At this point I am so fed up of USCIS I almost don't care anymore, but I suppose I ought to at least try and avoid deportation

e

The answer to the question "Will it be sufficient" is not easy. Adding your husband to the lease even if it is after RFE is good evidence of continuing relationship. What have to done with tax filing - have you filed jointly!. If yes, then you have another good evidence - go to their local office and get the tax transcripts.

[JohnR! 5,495]

Jess, the red flag is the lack of an active joint bank account. The evidence you have is indeed weak - no judgment call there - and it would behoove you to get those affidavits not only from family but from neighbors and co-workers.

You don't need a will, because you are already married and that makes you beneficiaries of each others, unless there is a will to the contrary.

It will help if you add your husband to the lease and to the insurance policies. Do not worry that these will be dated after the RFE and there is no shame in admitting to the USCIS you did what it took to prove yours is a bona fide marriage, well, because it is! :-)

Good luck!

[Nich-Nick 3,353]

What about 2010 and 2011 tax returns?

[Darnell 8,478]

i not read of:

tax returns

monthly utility bills

---

so, whatcha got?

[leash5 3]

I was the same way. Almost nothing shared and no tax returns either. But we had a 6 year relationship, a million photos, cards, letters, and trips; 2 big weddings, and we did have leases dating from 2006. I got an RFE and sent everything I could -- life insurance, health insurance, IRA beneficiary, a couple of almost never used joint credit card accounts, a joint YMCA and netflix membership (really pushing it there!). Anyway, it wasn't enough and I have an interview Monday. But oh well... We aren't faking anything. I guess that's the worst that could happen to you and as long as you're in a true marriage, an interview will do you no harm. Credit issues are common in this economy. Sounds like a valid reason to me.

[Harpa Timsah 13,258]

A normal checking or savings account doesn't affect your credit.

[thatbritishlass 2]

i not read of:

tax returns

monthly utility bills

---

so, whatcha got?

Unfortunately (usually fortunately giving the cost of living in DC, but not in this case!) our utilities are included with our rent so we do not have separate utility bills. I did send a cable bill in my name and the renters insurance/cellphone bill in his name, showing the same address; none of those bills would allow us to both be listed on the bill.

In terms of tax returns we submitted 2012; we have a copy of 2010 but could not find 2011. I think I thought having a missing year might look more suspicious than just the most recent one, so I just sent the most recent one. Admittedly I could have paid for a copy of the 2011 return, but if I'm honest I think I was suffering from "USCIS fatigue" when I submitted the application and was more lackadaisical than I should have been

It will help if you add your husband to the lease and to the insurance policies. Do not worry that these will be dated after the RFE and there is no shame in admitting to the USCIS you did what it took to prove yours is a bona fide marriage, well, because it is! :-)

Thank you for the calming words

Some suggestions:

Car Insurance policy card - should show both of your names if you both are designated drivers

Car Title - If you are both on title

Life Insurance policy showing beneficiary details

Driving License showing same address.

Getting the life insurance policy info from my work. I believe I already sent our drivers licenses but I need to check (my copy of our submission has gone walkies in our apartment and I haven't had a chance to find it yet)

[Nich-Nick 3,353]

In terms of tax returns we submitted 2012; we have a copy of 2010 but could not find 2011. I think I thought having a missing year might look more suspicious than just the most recent one, so I just sent the most recent one. Admittedly I could have paid for a copy of the 2011 return, but if I'm honest I think I was suffering from "USCIS fatigue" when I submitted the application and was more lackadaisical than I should have been

Tax return transcripts are free and come in 10 days or less usually. Order online http://www.irs.gov/Individuals/Order-a-Transcript

They want to see documentation with dates covering the whole marriage...back to 2010 forward.

[jjbandero 39]

While you're adding your husband to the lease, see if the landlord is willing to provide a letter stating that you've been living together at your address from the time your lease started. I don't think it would hurt to explain as part of the RFE package the credit issue, it's certainly a legitimate reason not to co-mingle, you got any rejection letters from financial institutions not giving both of you credit? That's a good piece of evidence showing why you're not able to get the accounts in place.

I definitely agree with getting the tax transcripts. What about mobile phone bill? Do you have a family plan?

[John and Camie 39]

John and I actually went through this. We kept our banking separate and filed separately as well, so we had to get creative. What we did was get our bank to draft two letters showing the same home address and supporting that we both bank at our local branch. We also presented three years of banking statements (his and mine; your bank should be able to send them to you if you've got enough time), additional utility statements w/both of our names, a new lease from our landlord, signed by all three of us and attached to a business card from our landlord, as well as a brief statement from him requesting that they call him to vouch for our living together as husband and wife. We also included receipts from our medical appointments, showing that my insurance covered them. We usually do our annual physicals on the same day, so that was extremely helpful. We posted our plea for testimonials on FB and got all our US and England family/friends to add their comments (we printed out the pages and sent them. We threw in receipts showing payment from both of us for our car. Resent our photo collages from 2008 to present, added our 2012 Christmas photo card and finally, receipts and photos from our trip to England in October 2012.

I hope some of this helps you, hun. Fingers crossed for you. x

Edited July 18, 2013 by John and Camie