So what happens if Examiner rejects us again?

[brainiac 0]

Ok, so I have read here that most people have payed the fees $585 and upwards to remove conditions and that they sent in what most would agree was solid evidence of a bona fide marriage. However, I too have received an RFE notice and am trying to assemble additional documentation to show we in fact are in a bona fide marriage. My question is, what if I cannot provide enough evidence for whatever our examiner wants? Is there a three strike rule? Does she get deported?

thanks

[VanessaTony 3,567]

Ok, so I have read here that most people have payed the fees $585 and upwards to remove conditions and that they sent in what most would agree was solid evidence of a bona fide marriage. However, I too have received an RFE notice and am trying to assemble additional documentation to show we in fact are in a bona fide marriage. My question is, what if I cannot provide enough evidence for whatever our examiner wants? Is there a three strike rule? Does she get deported?

You will not typically be RFE'd for the same thing. So if you fail to reply you do face a denial. By that time her card would usually be very expired. You would have the choice of appealing (in most cases), or you'll need to file AOS all over again. Bearing in mind her AOS would result in a 10 year card and you'd need evidence similar to ROC given the length of your marriage.

The risk of deportation is there but unless you're seriously lacking evidence I wouldn't worry. Send copies of the documents you sent in the first time. Some people postulate that these RFE's are because people sent it TOO much information, had it poorly organised, or the officer needed more time/their quota was low so they pumped through some files issuing RFE's to make it look like they were working hard. That or your file had a red flag or 2 already so they just want a little extra evidence OR they're training someone. You'll never really know.

Try not to stress. I know it's hard not to.

[Neal851 3]

You will not typically be RFE'd for the same thing. So if you fail to reply you do face a denial. By that time her card would usually be very expired. You would have the choice of appealing (in most cases), or you'll need to file AOS all over again. Bearing in mind her AOS would result in a 10 year card and you'd need evidence similar to ROC given the length of your marriage.

The risk of deportation is there but unless you're seriously lacking evidence I wouldn't worry. Send copies of the documents you sent in the first time. Some people postulate that these RFE's are because people sent it TOO much information, had it poorly organised, or the officer needed more time/their quota was low so they pumped through some files issuing RFE's to make it look like they were working hard. That or your file had a red flag or 2 already so they just want a little extra evidence OR they're training someone. You'll never really know.

Try not to stress. I know it's hard not to.

[baron555 934]

That or your file had a red flag

I wonder if there is a correlation between receiving an RFE and the immigrant's country?

Maybe relationship to the high fraud countries maintains that extra level of scrutiny?

[brainiac 0]

Ok, I have no problem if there is a real concern about being used as a green card daddy.

However, when they say, and this is a quote from the RFE: "...you submitted a 2010 tax form without supporting evidence such as W-2's for both of you and your spouse or proof of filing..."

Proof as in W-2's? and "proof of filing" What the @%$*? Ya, that is what we are doing...ya that is my gig...I am filing false income tax returns, which, is a felony. That is exactly what I want out of this process--to become a felon.

It seems like someone is purposely trying to go out of their way to mock this process. I am standing in line and doing this the hard way because this is the legal way. YOu should not have to hire a lawyer to fill out this paper work in order to get into this country.

So, I have assembled what they want and will resubmit with a lawyer. And if they still insist that I need to produce more proof and run out the clock on us, I'll visit my congressman/woman.

[Harpa Timsah 13,258]

Um, there is no need to get a lawyer. Save your money and keep your hat on. You just need to read the instructions better, or calm down and ask the good folks here for help. USCIS is interested in a complete tax return. You did not send in a complete tax return because there are no W2s. You can get a tax transcript, which not only is a complete tax return, but also shows that you filed the taxes. You can get this free from the IRS. USCIS are not accusing you of anything, but the evidence you sent in was not good enough and did not follow the instructions. It happens - it's not personal.

If the response you send in with your RFE is still not good enough, then they will call you for an interview. It's really not a big deal either way.

[brainiac 0]

thanks Harpa.

I have assembled copies of my 2010 and 2011 joint tax returns, the w-2's, and the 8879 form which I believe is what they want to prove that I submitted the return? On the affidavits, I will use family members. For the co-mingling of assets and debts I plan on submitting my auto insurance policy that lists her as covered and she works for the public school system here teaching Spanish and carries dental and vision for both of us. I will also submit our lease for the past two years. And she is a user on one of my credit cards and I will submit a copy of the card. I have read other folk's comments in this forum where they submitted their driver's licenses to prove they are living at the same address. I guess I'll do that as well.

I was frankly surprised/shocked a little that it took close to a year to get back to me with this. This leaves me very little time to correct any more issues; her extension runs out in March.

Are you confident that we will get an interview if there are any other questions?

Thank you again for your calming words; I freak out about this because I decided not to use a lawyer up front and so far so good until this happened.

[VanessaTony 3,567]

Get tax transcripts. You are most safe this way. You can call and get them faxed immediately, or go into an IRS office and get them on the spot.

Do not stress that her extension runs out in march. You simply make an infopass and they will give her an I-551 stamp. She will not become illegal when that extension is up.

[Harpa Timsah 13,258]

It took them that long to get back to you because your file was sitting in a box and they just looked at it now. They couldn't approve it at that time because of lack of evidence, so they sent an RFE.

Like Vanessa said, March is not the deadline - you can get temporary renewal indefinitely until a decision is made on the ROC.

I am positive they will interview you if there are any questions.

Most people get approval a few weeks after they send in their RFE. ROC denial is extremely rare, and would only be denied in case of fraud. If you are not a fraud, then there is nothing to worry about. Just go through the motions, follow directions, and be patient.

[Darnell 8,478]

tax stuff?

walk into the local IRS office on Thursday, request tax transcripts,

wait 30 minutes, then walk out with them.

Use the transcripts for your RFE evidence.

[bigdog 376]

Ok, so I have read here that most people have payed the fees $585 and upwards to remove conditions and that they sent in what most would agree was solid evidence of a bona fide marriage. However, I too have received an RFE notice and am trying to assemble additional documentation to show we in fact are in a bona fide marriage. My question is, what if I cannot provide enough evidence for whatever our examiner wants? Is there a three strike rule? Does she get deported?

thanks

It is $ 505 plus $85 for $ 590, it will be returned if it is the wrong amount. Turn in everything you can, tax, band, credit cards, debit cards, holiday cards to both of you, AAA, Costco, insurance etc. affidavits from 3 friends and your insurance agent. They have to prove you are not married, then you can appeal if you get a denial.

[Omar G. 4]

Is there any relation that I also received an RFE yesterday and my wife's extension also expires in March, and she is also from Colombia? I started another thread for help to not hijack this one...

[Harpa Timsah 13,258]

Is there any relation that I also received an RFE yesterday and my wife's extension also expires in March, and she is also from Colombia? I started another thread for help to not hijack this one...

The only relation is that you filed for ROC at the same time and now adjudicators are looking at the cases filed around that time (March).

[brainiac 0]

Ok. Update on this. I did turn in a cover page with most of the additional requested evidence and low and behold we received her green card...all conditions removed!

I guess the examiner was job justifying.

It would be an interesting however, to see which countries do generate the most RFEs.

So, here we go, second marriage...will not make the same mistakes as the first--money goes to separate accounts and contribute to a combined account to pay bills, take vacations etc..

Thanks to all for advice and good counsel. Will be back after she accumulates enough work time to become a citizen!

[Martyshk 137]

Thanks to all for advice and good counsel. Will be back after she accumulates enough work time to become a citizen!

Congratulations!

However, I don't understand the correlation between the "work time" and becoming a citizen.... 3 years minus 90 days after the GC issue date is when the Naturalization window opens up. Has nothing to do with working.

Sorry if I misunderstood your post though.