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Documentary evidence created after RFE

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Hello all.

I am at ROC stage, having gone through all the other stages (Fiancee Visa) without any difficulty.

I filed in August 2011 and last week received RFE.

We originally sent them joint bank statements (checking and savings) covering all years of marriage, one refund letter from the IRS addressed to both of us, a letter from my husband's employers stating I was now in receipt of spousal benefits, 4 affidavits, 2 photos. We didn't send utility bills because we had never bothered to change them from my husband's sole name when we married (he's retired, and I don't work. We didn't send joint mortgage as no reason to change from husband's sole name into joint names, and mortgage would soon be paid off anyway. We didn't send joint car insurance stuff etc because I don't drive. We have no debts, liabilities, credit cards, loans or anything like that. We haven't been on vacation (hey, we live in Maine - why would we want to?!).

Since receiving the RFE (which was very scary and upsetting, as some of you know), we have very recently collected the following:

New deed to the house in both our names

Durable Powers of Attorney for us both in favor of the other

Healthcare Powers of Attorney for us both in favor of the other

Wills each in favor of the other

22 more affidavits

Tax transcripts for 2008,2009,2010

Copies of checks written by both of us for household stuff and utilities from our joint checking acount from 2009 to 2012

Complete set of bank statements from joint checking, and from joint savings.

My question is: how will they view the very recent creation of the Powers of Attorney, Wills, and Deed? Will the fact that they are so recent count against us?

We have made an appointment to see an attorney next week, just to be on the safe side, but I would be grateful for your views and experiences.

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Filed: IR-1/CR-1 Visa Country: Vietnam
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22 additional affidavits are about 20 too many. Why would a person submit one that wasn't positive?

All the things created recently won't count for a lot. For the obvious reason.

Do you have a state ID that shows a common address?

Joint tax transcripts ought to have been sent first time. That's one of the typical submissions. Be sure to include 2011 as well.

Mail addressed to the two of you. Any memberships (church, civic, Sam's Club, etc.). A few more photos of you together with friends and/or family.

Photos of joint moose kills, snowmobiles (you're from Maine). whistling.gif

Gather up any other run of the mill evidence of a comingled life.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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Thanks.

No, I don't have a State ID (don't know what that is). I presumed my Green Card would suffice for ID.

I don't have any mail addressed to both of us, except for our joint bank statements. We are not in any clubs. We haven't got any more photos.

We do not have any pics of us with dead mooses either, you cheeky thing!

I was hoping the the recently created stuff would at least show good faith, and that we are trying to do what they want. We can't go back in time, after all.

I can't get a copy of 2011 tax transcript. Apparently, it's not available yet, according to the IRS site.

I naively thought that two joint bank accounts would suffice when I originally submitted the ROC petition.

Why are 22 Affidavits too many? I thought the idea was to give them as much as possible, even if it is "secondary" evidence. The Affidavits are all from people in our community, and show that we are well-known in our small community as a married couple.

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Filed: IR-1/CR-1 Visa Country: Vietnam
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Thanks.

No, I don't have a State ID (don't know what that is). I presumed my Green Card would suffice for ID.

I don't have any mail addressed to both of us, except for our joint bank statements. We are not in any clubs. We haven't got any more photos.

We do not have any pics of us with dead mooses either, you cheeky thing!

I was hoping the the recently created stuff would at least show good faith, and that we are trying to do what they want. We can't go back in time, after all.

I can't get a copy of 2011 tax transcript. Apparently, it's not available yet, according to the IRS site.

I naively thought that two joint bank accounts would suffice when I originally submitted the ROC petition.

Why are 22 Affidavits too many? I thought the idea was to give them as much as possible, even if it is "secondary" evidence. The Affidavits are all from people in our community, and show that we are well-known in our small community as a married couple.

A state ID is issued by the DMV. Same format as a driver's license. Might be worth getting even if only for the RFE.

Call the IRS directly about the transcript. Send a photocopy of your 2011 tax return (along with all the supporting documentation) if you don't have a transcript. Comingling of finances is what they really like to see.

Is there any mail addressed to each of you individually showing a common address?

It's not about producing what they want. The adjudicator wants to see that you've lived as a married couple during the past few years. Creating a lot of "fresh" documentation doesn't speak to the past. That being said, you only have what you have. Take a good look around and see what else you have to add to the evidence pile.

22 affidavits plus the original 4 are an awful lot. You want to present a wide variety of evidence.

Collect all that you can and submit it. Worst case scenario is that you get called for an interview. There you two will have an opportunity to paint the picture for the interviewer. Sounds like that will be easy for you to do.

In the meantime, watch out for the black flies. laughing.gif

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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Thanks.

No, I don't have a State ID (don't know what that is). I presumed my Green Card would suffice for ID.

A state ID is an identification card issued by the Department of Motor Vehicles. It will show your address. Think of it as a non-driver ID.

Fernando & Michelle

12/05/2011 - Mailed I-129F
12/09/2011 - Received NOA1
12/21/2011 - Last updated by USCIS
04/12/2012 - Approved!
05/08/2012 - NVC received
05/09/2012 - Left NVC
05/14/2012 - Received at Consulate
06/25/2012 - Interview at Consulate, APPROVED!!!!
07/07/2012 - POE at JFK, easy.

09/28/2012 - Mailed I-485
11/09/2012 - Appointment for Biometrics
12/08/2012 - EAD and AP Card arrived in mail. No updates to USCIS website.
07/26/2013 - Approved, no interview.

04/30/2015 - Mailed I-751

06/03/2015 - Appointment for Biometrics

02/29/2016 - Approved, no interview.

03/14/2016 - Received 10-year Card

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Guys, may I ask - if it's not much good getting new/recent documentation such as Powers of Attorney etc, why is it helpful then to get a recent state ID card, or something like a Sam's Club card, which I have seen people advised to get after RFE.

I don't understand why people would be advised to get these things to send in after RFE if you think my recently acquired stuff would not help.

Thanks for any clarification. Just off to eat moose.

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Filed: Citizen (apr) Country: Australia
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Guys, may I ask - if it's not much good getting new/recent documentation such as Powers of Attorney etc, why is it helpful then to get a recent state ID card, or something like a Sam's Club card, which I have seen people advised to get after RFE.

I don't understand why people would be advised to get these things to send in after RFE if you think my recently acquired stuff would not help.

Thanks for any clarification. Just off to eat moose.

New evidence is useless. Anyone can do what they're told to do, it's manufactured evidence, it's not real. I've only read new people telling others to get a new State ID or new Sams club or whatever (and everyone tells them it is pointless), but I HAVE seen people suggest using their CURRENT State ID and Sam's Club. Suggestions of things they might not have thought were worth anything.

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Thanks for that clarification. Although, I'd just like to say that this new documentation is, in fact, "real", as our marriage is bona fide. We should have prepared these documents long ago, but were lax. It may not be satisfactory for USCIS, but it is real.

Thanks for the help.

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Filed: AOS (pnd) Country: France
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Thanks for that clarification. Although, I'd just like to say that this new documentation is, in fact, "real", as our marriage is bona fide. We should have prepared these documents long ago, but were lax. It may not be satisfactory for USCIS, but it is real.

Thanks for the help.

hello there!

I honestly think that power of attorneys and wills are something that you should send, even if they're recent, simply because one wouldn't give power of attorney to another being unless there's trust between them. Same goes for the will. These are officially notarized documents so they have to have a certain weight in the file. In your situation i would send them with an explanation letter. Should any flag be raised, you can always convince them during the interview!

Not all couples are the same, I'm sure that a ton of US-US couples don't mingle their finances at all... that's really too bad that we have to fit a certain profile to get them to believe our love stories are real... headbonk.gif

i hope it works out for you!

Edited by Noth

[center][font="Franklin Gothic Medium"][size="3"][i]<3 Nath & Dave <3[/i][/size][/font][/center][center][font="Franklin Gothic Medium"][i][size="2"]02/21/2010[/size][/i][/font][/center][left][b]AOS Timeline:[/b][/left][left]04/26/2010 - package received...again (day 1)[/left][left]07/23/2010 - Scheduled Interview appointment, 10:35 AM (day 98) [color="#FF0000"][b]Approved!!![/b][/color][/left][left]
[/left][left][b]ROC Timeline:[/b][/left][left]4/23/2012: Window opens[/left][left]5/02/2012: I-751 Sent (received on 5/03) [/left][left]5/11/2012: Check Cashed! $_$[/left][left]5/15/2012: NOA 1 in the mail (dated 5/03 as well)[/left][left]5/19/2012: Biometric Appointment letter in the mail[/left][left]6/06/2012: 10am - Biometric Appointment in Santa Ana, CA[/left][left]11/23/2012:[color="#ff0000"] [b]case approved[/b][/color], card production ordered[/left][left]11/26/2012: card mailed[/left][left]
[/left]

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Cher/chere Noth, merci beaucoup pour tes pensees gentilles! Sans doute, je vais ecrire une lettre d'explication. J'attends avec impatience la reunion avec l'avocat. La reunion est mercredi, la semaine prochaine. Ces quatre jours sont trop. :wacko:

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Filed: Citizen (apr) Country: Australia
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Thanks for that clarification. Although, I'd just like to say that this new documentation is, in fact, "real", as our marriage is bona fide. We should have prepared these documents long ago, but were lax. It may not be satisfactory for USCIS, but it is real.

Thanks for the help.

No it's not "real" in terms of immigration. You MADE this info ONLY because immigration asked you, therefore it is manufactured. Sure you may have done it eventually yourselves but you did it now simply for immigration. Anyway, they'll most likely not accept it. Doesn't hurt to try of course.

Cher/chere Noth, merci beaucoup pour tes pensees gentilles! Sans doute, je vais ecrire une lettre d'explication. J'attends avec impatience la reunion avec l'avocat. La reunion est mercredi, la semaine prochaine. Ces quatre jours sont trop. :wacko:

English ONLY in the upper forums.

Google translate:

Dear / Noth dear, thank you very much for your nice thoughts! No doubt, I will write a letter of explanation. I look forward to meeting with the lawyer. The meeting is Wednesday next week. These four days are too :wacko:
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No, I did not make these documents "only because immigration asked me to". I am glad we have now made them, and wish we had done it before, as we discussed it several times. We have been very disorganized with paperwork.

Please don't continue to imply that I am creating documents merely for the purposes of satisfying USCIS. That is not the whole story. I am very grateful for your help and advice, but would appreciate a little more sensitivity if possible.

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Filed: Citizen (apr) Country: Australia
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I honestly think that power of attorneys and wills are something that you should send, even if they're recent, simply because one wouldn't give power of attorney to another being unless there's trust between them. Same goes for the will. These are officially notarized documents so they have to have a certain weight in the file. In your situation i would send them with an explanation letter. Should any flag be raised, you can always convince them during the interview!

Yes they're official documents that have existed for an extremely short period of time, and can be revoked at any time. I could write a Will right now leaving everything to my dogs. Get it witnessed and I'm good to go. Same with a POA. They're too recent. They just look like she found a guide on what looks good and did it. Someone got life insurance prior to getting RFE'd or anything and got grilled about it at the interview. Apparently it looked suspicious and like they were trying to make their relationship appear different to how it really was.

My mother is my POA. Has been for ... 5 years. It will remain that way (in Aus at least). And yes eventually I will redo my Will but MOST people don't rush out and do it as soon as they're married... same with POA's. We had other "proper" couple stuff like joint bank accounts, joint health insurance, joint car insurance, etc etc. That's what "most normal couples" do.

Again, I wouldn't rely on the new info. Try and find memberships, anniversary cards.. stuff like that. Heck I sent print-outs from Facebook showing photos I uploaded, it showed the dates I uploaded and had peoples comments on them. Outside the box... overused phrase but true.

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Filed: AOS (pnd) Country: France
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Cher/chere Noth, merci beaucoup pour tes pensees gentilles! Sans doute, je vais ecrire une lettre d'explication. J'attends avec impatience la reunion avec l'avocat. La reunion est mercredi, la semaine prochaine. Ces quatre jours sont trop. :wacko:

Je croise les doigts!*

* crossing fingers

[center][font="Franklin Gothic Medium"][size="3"][i]<3 Nath & Dave <3[/i][/size][/font][/center][center][font="Franklin Gothic Medium"][i][size="2"]02/21/2010[/size][/i][/font][/center][left][b]AOS Timeline:[/b][/left][left]04/26/2010 - package received...again (day 1)[/left][left]07/23/2010 - Scheduled Interview appointment, 10:35 AM (day 98) [color="#FF0000"][b]Approved!!![/b][/color][/left][left]
[/left][left][b]ROC Timeline:[/b][/left][left]4/23/2012: Window opens[/left][left]5/02/2012: I-751 Sent (received on 5/03) [/left][left]5/11/2012: Check Cashed! $_$[/left][left]5/15/2012: NOA 1 in the mail (dated 5/03 as well)[/left][left]5/19/2012: Biometric Appointment letter in the mail[/left][left]6/06/2012: 10am - Biometric Appointment in Santa Ana, CA[/left][left]11/23/2012:[color="#ff0000"] [b]case approved[/b][/color], card production ordered[/left][left]11/26/2012: card mailed[/left][left]
[/left]

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