HELP: Contradictory Request for More I-751 Information

[kenk3z 0]

Vermont Service Center is way behind on their I-751 processing.

This is because they were directed to process a bunch of Texas Service Center I-751s, and to emphasize N-400 Citizenship applications at the highest priority before the national elections.

So, what I expect will happen is all of us who are approaching one year without action will get RFEs at a high percentage rate. They will do this just to complete their picture of the evidence over time. If you were in a fraudulent relationship, you might ease off on the "proof" after filing your original I-751, and they are just looking deeper into the current situation.

What we have here are RFEs being issued because of the inefficiency of the VSC. It has little to do with your situation personally. I expect that if you had kids together, you'd still get the RFE just for current tax transcripts.

What you have posted should service as a warning to all of us with cases pending at VSC - be prepared to get an RFE. Their incompetence will lead to a lot more effort on our part - and of course not their part. By issuing the RFE, they cover themselves better and cause a further "legitimate" delay to ease their workload burden.

Just do your best to collect and send in current information and let them deal with it. I'd send in the original information too if it wasn't noted in the discussion of evidence.

kenkz

[ironwarrior 0]

UPDATE:

Regarding the K-1 questions related to Form 1120S, 2007 was the first year of filing 1120S, and yes, my wife did receive a K-1. Also, I will point out to them the purchase of a car under the S-Corp, which is listed as a depreciating asset where she owns 51%.

As for the "normal" paperwork the USCIS-tards want, I was able to put her name on the deed of our house (cost-$125) and record it in the courthouse. I should receive a copy next week. I also was able to find the paperwork for another term life insurance policy we have that was enacted in late 2007 as well as a printout of the automatic deductions from our corporate checking account.

I have a monstrous pile of credit card statements where we both are either primary or secondary, and I plan on photocopying the cards AND including selected statements of both.

QUESTION: I was wondering if I should elaborate through a Statement of Facts clarifying and referencing previous sent information as well as new information. My thought is that if for some ungodly reason they issue a complete denial, I can provide reams of evidence before a judge that I not only met the directions for the initial completion of I-751, but also went above and beyond to comply with the Letter of the Law.

One example, besides the "joint property" obsession USCIS has, is a copy of a family reunion picture as mentioned in my initial post with a list of the names and addresses of all my relatives in said picture. I realize that may be "overkill," but I can't afford much more stress or time dealing with this. As an architect, I have many contractual obligations to clients that MUST be met, and the more time I spend on this matter, the greater risk of me being sued for breach of contract for nonperformance.

Thoughts? Is a Statement of Facts too much? I certainly can write the legal narratives.

As always, I consider the advice on this Forum paramount.

IW

Edited August 22, 2008 by ironwarrior

[AussieDude 0]

I wouldn't bother with the Statement of Facts, I doubt they'll even glance at it, let alone read it.

What's happened to you has actually happened to a lot of people, so there's very little likelihood that there's any chance of having to appear in front of an immigration judge at this point.

[diadromous mermaid 36]

UPDATE:

Regarding the K-1 questions related to Form 1120S, 2007 was the first year of filing 1120S, and yes, my wife did receive a K-1. Also, I will point out to them the purchase of a car under the S-Corp, which is listed as a depreciating asset where she owns 51%.

As for the "normal" paperwork the USCIS-tards want, I was able to put her name on the deed of our house (cost-$125) and record it in the courthouse. I should receive a copy next week. I also was able to find the paperwork for another term life insurance policy we have that was enacted in late 2007 as well as a printout of the automatic deductions from our corporate checking account.

I have a monstrous pile of credit card statements where we both are either primary or secondary, and I plan on photocopying the cards AND including selected statements of both.

QUESTION: I was wondering if I should elaborate through a Statement of Facts clarifying and referencing previous sent information as well as new information. My thought is that if for some ungodly reason they issue a complete denial, I can provide reams of evidence before a judge that I not only met the directions for the initial completion of I-751, but also went above and beyond to comply with the Letter of the Law.

One example, besides the "joint property" obsession USCIS has, is a copy of a family reunion picture as mentioned in my initial post with a list of the names and addresses of all my relatives in said picture. I realize that may be "overkill," but I can't afford much more stress or time dealing with this. As an architect, I have many contractual obligations to clients that MUST be met, and the more time I spend on this matter, the greater risk of me being sued for breach of contract for nonperformance.

Thoughts? Is a Statement of Facts too much? I certainly can write the legal narratives.

As always, I consider the advice on this Forum paramount.

IW

You're focusing on the wrong elements, in my opinion. You simply need to demonstrate, during the course of the marriage, that :

1) your wife resided with you. Show any example of her address being a shared address with you. As many examples of any type of mail or correspondence that is delivered to her, bearing your permanent address will do.

2) that you both pooled your assets and finances ~ in other words, commingled your funds, assets, and liabilities. If she, for example, had a gym membership that you paid for by checque, show it. If she signed checks to pay for utilities, show it. If she deposited any funds paid to her (interest, dividends, wages) into an account that bears you name, or likewise, if you did the same into an account that bears hers, show it.

3) that you held yourselves out as married. If you filed joint tax returns (doesn't matter if you filed an 1120, you also had to file a personal tax return) and it was filed as a married return, it will feature her name whether or not she earned wages.

4) that she entered the marriage with the intent that it would be sustaining. If either of you are named beneficiaries to any life insurance or health insurance policy, annuity, show it.

If samples of each of these types of evidence span the majority of the term of your marriage, you should be fine.

Edited August 23, 2008 by diadromous mermaid