RFE

[Bforbarree 4]

We are in the process of lifting conditions on my husbands residency.

We got an RFE today.

Some of the aspects of our life are unconventional and not condusive to what they consider evidence but we sent in the documents that they asked for as well as evidence that we have to show to them like our joint bank accounts information and information about our business that we started, own and run together from home, our joint tax return, less substantial evidence such as vacations we have had together, photos, and affidavits from friends (2) etc.

In the RFE they have asked for:

1. Copies of our Drivers License/State ID Showing same residential address - WE HAVE THIS SO NO PROBLEM

2. Birth Certificate for Children we have together - We don't have KIDS

3. Mortgage Agreement or DEEDS showing joint ownership of property - No, we don't have this (Other than the joint asset that is our business)

4. Life Insurance, Medical Insurance, Vehicle Insurance - We don't have Life or Medical Ins. my husband does not drive and is not on my Auto Insurance or the pink slip of my vehicle.

5. Loan Papers - We do not have any loans

6. Lease Papers - We live with my mom - it works for us all - we pay living expenses to her monthly but have no formal written agreement.

7. Utility Bills - See above

8. Photos of us together from date of our marriage to present. We already submitted these (about 8-10)

We can't be the only people that do not have all these things, can we?

Are we totally screwed?

I thought we had good evidence but now I am feeling really stupid - like maybe we should have gotten a loan or a life insurance policy, or pushed his getting a Driver's License - but we would only have done these things so that we could submit it as evidence...it is not something we would do otherwise...it is not how we live.

Any suggestions?

[SaraDee 9]

We are in the process of lifting conditions on my husbands residency.

We got an RFE today.

Some of the aspects of our life are unconventional and not condusive to what they consider evidence but we sent in the documents that they asked for as well as evidence that we have to show to them like our joint bank accounts information and information about our business that we started, own and run together from home, our joint tax return, less substantial evidence such as vacations we have had together, photos, and affidavits from friends (2) etc.

In the RFE they have asked for:

1. Copies of our Drivers License/State ID Showing same residential address - WE HAVE THIS SO NO PROBLEM

2. Birth Certificate for Children we have together - We don't have KIDS

3. Mortgage Agreement or DEEDS showing joint ownership of property - No, we don't have this (Other than the joint asset that is our business)

4. Life Insurance, Medical Insurance, Vehicle Insurance - We don't have Life or Medical Ins. my husband does not drive and is not on my Auto Insurance or the pink slip of my vehicle.

5. Loan Papers - We do not have any loans

6. Lease Papers - We live with my mom - it works for us all - we pay living expenses to her monthly but have no formal written agreement.

7. Utility Bills - See above

8. Photos of us together from date of our marriage to present. We already submitted these (about 8-10)

We can't be the only people that do not have all these things, can we?

Are we totally screwed?

I thought we had good evidence but now I am feeling really stupid - like maybe we should have gotten a loan or a life insurance policy, or pushed his getting a Driver's License - but we would only have done these things so that we could submit it as evidence...it is not something we would do otherwise...it is not how we live.

Any suggestions?

What did you originally send as evidence? Maybe you can get an affidavit from your mom saying that you live with her and that she takes care of the utility bills.

[Abhay 15]

Add a letter from your Mom stating that she takes rent from you guys!

[SonoranSongbird 3]

Send them the copies of your drivers license and state ID. If you have additional pictures, send some. Send a letter explaining all the things that you just told us and (as others have suggested) have your mom include an affidavit saying that you live with her.

ETA: It is probably a good idea to have your mom state in her affidavit that you have both lived with her since _______ (whenever you moved in with her). That way you show them that you've lived together for the entire length of the marriage.

Edited December 14, 2010 by SonoranSongbird

[Nimaan 27]

Can you have your mom write up a letter stating the dates you have lived there, the rent amount and the cost of the utilities you pay every month.

Maybe something like this:

I, mom's name, agreed to lease a room to my daughter, BforBarree and Hubby in exchange for $300 for rent and $200 for utilities every month. Bforbarree and hubby have been living with me since December 2009 until present date.

If you have any questions, please feel free to contact me at my above residence address or call me at 555-555-5555.

Signed and dated

Mom

Signed and dated

Notary.

[jkelly07 120]

did you traval togather itinerary receipts hotels, your cell phones both names,your church tax statements,any clubs like sams club, cosco ,gyms, joint credit cards, mail that is address to both of you, state id.s more pictures, and have your mom write that letter with notary,

[Jupiter07 12]

A basic joint checking account?

It doesn't help to look back but I wish you had just walked into a BMV, gotten DL & Non-DL, walked into a bank and opened a free checking account. It may be "pushing yourself" as you see it, but hey, it would have saved you this agony. And since your marriage is legit, why not? It's not like you would have been making up stuff for the sake of.

Attach more pix with captions, get some affidavits from friends/family...

Good Luck.

Edited December 15, 2010 by Jupiter07

[Brother Hesekiel 2,236]

Here's your problem: you approach the ROC from your point of view. However, your point of you is a secret to USCIS unless you tell them.

In a rather simple world of the USCIS, there are 3 cornerstones of the ROC, all of which should show intermingling:

1) taxes

2) finances

3) cohabitation

In a perfect world, a world that is set up to please the USCIS people, you'd cover those 3 points with these 3 documents:

1) jointly filed tax returns for the past 2 years

2) joint bank account, perhaps a credit card in both names

3) joint lease or mortgage

That's it. Done!

If you cannot cover point 1, 2 and 3, you need to improvise. Let me tell you that I didn't have #2 and #3 when removing conditions, but I knew that I had to satisfy the points anyway.

Here's my suggestion:

1) joint taxes is a no brainer. I assume you submitted those already.

2) go to your bank. Unless you already have done that, give your spouse unlimited access to your money. Immediately afterward you go to the bank manager and ask for the following letter:

To Whom It May Concern:

This is to certify that the title of the following accounts reflects:

Mr. John Doe

Mrs. Jane Doe

Street

City, ZIP

As an account holder.

ACCOUNT TYPE . . . .ACCOUNT NUMBER . . . BALANCE . . . . ACCOUNT OPENED

Checking . . . . . . . . . . 1234567890 . . . . . . . . . . $2,000.00 . . . . 5/3/1998

Savings . . . . . . . . . . . . 2345678901 . . . . . . . . . . $8,000.00 . . . . 1/29/2008

The above-mentioned balances represent the accumulation of successive deposits.

Signature

That covers #2

3) Go to an office depot store and buy a standard rental agreement for $1.00

Fill it out like you would in "real life" with your mother as the landlady and your husband and you as the tenant. Date it back to the time you moved in there.

Get a second letter from your mom, stating under the penalty of perjury that you and your husband have been living in her property since xx and have always paid rent and utilities on time.

Have it notarized.

That covers #3.

Finally, and this is really important, write a cover letter in which you tell what items you submit to satisfy the RFE, but before you list these items, write down in 3 paragraphs who you guys are and what you do for a living. The I.O. knows nothing about you, so if you introduce yourselves, he or she gets an idea about what your living situation is like.

Edited December 15, 2010 by Just Bob

[amykathleen2005 441]

-affadavits from people who know you as a couple

-joint credit cards

-pictures of your together over time, especially with other people like family

-tickets of the two of you going places together

-joint mail

[Bforbarree 4]

I am really sorry for the delay in my reply, I had trouble posting (I tried several times but I got an error message) then I was really sick over the holidays.

Thank you so much for all replies and suggestions they are so much appreciated.

To try and answer,

We already submitted as evidence with petition:

Joint Account statement copies

Business license

Resale certificate

Photos about 8-10

Vacation receipts/tickets (for two different holidays, one of them with 2 international Destinations and visa receipts)

Tax return 2009 (we only have 1 because of the timing we can't submit 2010 because it has not been prepared yet)

2 Sworn Aff. from personal friends, both mine and his.

Costco account

That is all I can recall at the moment.

The State ID/State DL are the only thing WE DO HAVE!

I am going to try and get my husband on my Pink Slip to my car (but i am not sure it will arrive in time)...even though this seems really backwards to me because he does not drive...but I realize it show a joint asset.

Err....

Oh My...I hope this post goes through...maybe I should have tested it first before I wrote so much?

Here goes

[SonoranSongbird 3]

I don't think you can put him on the car insurance if he doesn't drive. I also don't think it would help, since the date would show that you did it just now. They are asking you for that because most people do drive so the majority of couples are going to have that as evidence that they share a home. I think if you establish that you have lived with your mom since (whenever you moved in with her) and explain that you don't have kids, loans, or health or life insurance and that your husband does not drive and therefore has no car insurance, you really should be okay. I'm just waiting for our ROC petition to be processed so I can't tell you that for sure, but you have to focus on what you CAN send that addresses the concerns they have.

Two other suggestions for you:

1) Do you have copies of any other kinds of "official" documents you have received in the mail addressed to both of you? They did not ask for this, but this would bolster your evidence that you have lived together at that address for whatever length of time.

2) Pictures---I know you said you already sent some and I'm a little surprised that they are asking for more. Pictures are usually considered secondary evidence, but since they specifically asked, maybe try asking everyone you know if they have any pictures of the two of you together, add those to the 8 to 10 you already sent, and make sure all are labeled with dates.

[psiprez 3]

I don't know what to tell you... wish I did!

We are in the process of assembling our package to mail in the next week. I was worried about our evidence being enough, but kept talking myself out of it. At the least, I told myself that the UK isn't as suspicious as some countries of origin are. But now I see your post about the RFE, and I am terrified...

Here is OUR evidence:

- joint tax return transcripts

- joint bank accounts

- both DL's with same address

- joint car insurance

- both names on health insurance card

- joint lease for house (that we rent from my parents)

- photos

- affidavits are from relatives

- Sam's Club cards

THAT'S SERIOUSLY IT. We do not have children together (though my kids from my first marriage live with us). My parents bought my house after my divorce, and we rent from them. Impossible to get name on utilities changed (some utilities are still in my old name, because I can't get them to even change that). Our cars are in each other's name, not joint ownership. We have no credit cards or loans, because the divorce ruined my credit. We don't have stocks, bonds, life insurance, or 401(k) because we just can't afford it. We have no friends to ask for affidavits, because all of my friends chose to remain faithful to my ex (I'd still be all alone if it weren't for my hubby). We don't have vacation airline or hotel receipts because we simply drive to the beach house my parents own.

The only other thing I can do is go to the kid's school and ask for copies of their emergency contact cards, with him listed as their stepdad.

[Bforbarree 4]

I don't know what to tell you... wish I did!

We are in the process of assembling our package to mail in the next week. I was worried about our evidence being enough, but kept talking myself out of it. At the least, I told myself that the UK isn't as suspicious as some countries of origin are. But now I see your post about the RFE, and I am terrified...

Here is OUR evidence:

- joint tax return transcripts

- joint bank accounts

- both DL's with same address

- joint car insurance

- both names on health insurance card

- joint lease for house (that we rent from my parents)

- photos

- affidavits are from relatives

- Sam's Club cards

THAT'S SERIOUSLY IT. We do not have children together (though my kids from my first marriage live with us). My parents bought my house after my divorce, and we rent from them. Impossible to get name on utilities changed (some utilities are still in my old name, because I can't get them to even change that). Our cars are in each other's name, not joint ownership. We have no credit cards or loans, because the divorce ruined my credit. We don't have stocks, bonds, life insurance, or 401(k) because we just can't afford it. We have no friends to ask for affidavits, because all of my friends chose to remain faithful to my ex (I'd still be all alone if it weren't for my hubby). We don't have vacation airline or hotel receipts because we simply drive to the beach house my parents own.

The only other thing I can do is go to the kid's school and ask for copies of their emergency contact cards, with him listed as their stepdad.

I don't think you should be terrified but I understand it completely. This process is intense and you're emotionally invested at maximum intensity, someone out there has the ability to make a decision that could cause tremendous emotional stress and disruption to your life, it really makes you feel vulnerable. As processes go...I hate it!

Please note that list in my original post is what they suggested as evidence for the RFE, the letter says please submit "any or all" the stuff on the list and it says that the list is not all inclusive that other evidence is acceptable too...so there is wiggle room. The problem for us is not knowing EXACTLY what they are wanting to see (because we have already submitted stuff and we don't know exactly what might not be towing the line) which leaves us wanting to send everything we can possibly think of.

I think the advise from Just Bob makes perfect sense, write a letter explaining your situation a bit if you feel your evidence is lacking, probably better to do that with the original application then to force the IO to ask for more evidence. And realistically, there are so many people in this process from so many vastly different walks of life...I don't think it is that unusual for people to not have a 401k or Stock or Life Insurance and I don't think that not having this is a red flag.

That being said you seem to have the BIG TICKET evidence...your lease, car ins, health ins.

Maybe you guys might want to consider adding each other to your vehicle titles this if it is a realistic option? It can get complex if you don't own the vehicle outright, so it may not be realistic.

We are working on getting things together...We just got my husband's name on the car title (turns out you don't need to have a Driver's License to own a car...you can own it, you just can't drive it), USCIS put it on the evidence list and we can provide it so they will get it. It may be after the fact but I think our reason for not having done it sooner makes sense and in the end it was easily done and shows that we listened to them.

Another problem we have is that we have to use a P.O. Box because we live about 1/4 mile off the main road and we had some of our mail stolen in 2008. This little fact will be in our RFE cover letter!

I mention this because around September USCIS sent a notice to my husband reminding him to apply for the lifting of conditions, despite the fact that we had changed our mailing address with USCIS, they sent it to our street address and it got returned...maybe this was a red flag...who knows?

Anyways, I am wishing you the best of luck for a smooth AOS, but truth be told I think you are in good shape, try not to worry. I know, easier said then done!

Cheers,

Lora

[abbielovesjeremy 5]

i was reading this thread and i can't help but notice the similarities of our situation. i know it's a bit early but i am trying to get the stuff ready for my ROC in december. my gc will expire march of 2012. so far we (only) have:

1. joint tax return (for last year only) - in process

2. joint checking account

1. Copies of our Drivers License/State ID Showing same residential address - i don't have a DL or even a state ID (boo!)

2. Birth Certificate for Children we have together - NONE

3. Mortgage Agreement or DEEDS showing joint ownership of property - NONE. no business together either.

4. Life Insurance, Medical Insurance, Vehicle Insurance - NONE, NONE and NONE. i don't drive so i can't be covered by the auto insurance.

5. Loan Papers - NONE

6. Lease Papers - We live with his mom and also no formal agreement. we have fallen on hard times: i got laid off and right now it's so hard getting a job in NV. he also lost his job a month after i did due to wrongful termination.

7. Utility Bills - See above

8. Photos of us together from date of our marriage to present. - working on this. i take pictures a lot ... of HIM. so i am not in most of them.

i am working on getting a learner's permit so i can be at least covered by the auto insurance. i am a retard when it comes to driving that's why i have been putting that off for almost a year now also, my hubby's truck will be paid off by march this year and he will add me as joint owner then.

we also have been trying to get my name on some of the bills like our cellphone bill and internet bill but they said that there can only be one name on the account. is it really like this?

oh and one more thing, do any of you guys know if a storage rental agreement with both our names on it will be helpful??

good luck to all of us... geez this whole ROC is really stressful

Edited January 14, 2011 by abbielovesjeremy

[And_Sam 44]

Wow I can see how this can be scary.

We aren't quite to the point of applying for ROC yet, but trying to start gathering stuff up.

As of right now, we have the DL with same address, all the insurances, ie. car, life, medical, but my biggest concern is the utilities are all in my name and when I questioned the bank, the only way I can get my husband's name on our mortgage is by refinancing it. NOT planning on doing that right now!!

Is there some other way to get his name on the house?