Ten year Green Card trouble: Our evidence is "insufficient."

[Otto 83]

The letter actually states, in bold: Do not send copies of documents previously submitted. Well, #######?! What else can I send? I might be able to find maybe one or two additional pieces of evidence to send, but that is it. If this thing is telling me not to submit stuff I sent prior, then they have not lost anything and want new evidence.

Here is a scan of the first page, with the name and other private stuff blacked out...

http://img225.imageshack.us/img225/8529/i797.jpg

And subsequent page(s)?

[Matt_Stevens 5]

http://img225.imageshack.us/img225/1919/i797b.jpg

http://img225.imageshack.us/img225/9484/i797c.png

I really think we are ****ed. We have nothing else we can give them. We have no proof of a lease or rent for the first year in which Anh was here. Nothing but my parent's word that we were renting from them.

And now we are subletting an apartment and have nothing in our names (this started around spring, right when I submitted the I-751) so we cannot update them and say, "Hey! Here is our new info for our new place!" All we can do is maybe get an affidavit from the person we are subletting from.

What else can we do? I can get one two other affidavits from friends who knew Anh since she came here. But that won't satisfy anyone if I am reading this form correctly. What they want we do not have.

We don't own a home property. I owned my car before Anh came here and she has no license and needs no license living in NYC. We gave them three years joint tax returns, copies of our two apartment leases in NYC for 2007 and 2008 to early 2009. Cable bill. Verizon wireless bill. Bank accounts. We had no savings beyond a couple hundred dollars, so is that going to count against us? Even now, our savings is not large at all. Less than a thousand dollars. We pay our rent in cash at the end of each month and the same with cable and electric.

At the moment I am sick to my stomach. This is patently unfair.

[Otto 83]

OK - so here are some thoughts.

MUST HAVE:

Lease/Sub-let agreement SOMETHING for where you are now. Who are you subletting from?

Clarification

Joint bank accounts - more than one and including recent bank statements were sent right? (In other words, you have some that cover different times over the past 2 years and included a most recent one?)

Tax returns - same questions as above

Affidavits - Who were your original affidavits from? (i.e., their relationship to you guys).

[Matt_Stevens 5]

Affidavits were from the best man, who actually met Anh before she came here when he passed by Munich and saw us both for lunch. Also my two friend, Chris and Trish, who are married and met her like the second day she was in the USA. We hang with them all the time. I just called them about this and they are freaking out. Trish started crying.

Joint tax returns were right from the government. 2007 and 2008.

Bank statements from Wachovia (first and last with them) and then from Citibank (first and most recent).

Where we are staying now is a verbal agreement. Nothing is in writing. We sort of knew them and talked about it and then decided yeah, let's do it. Anh will be ten minutes from work and the rent will be half what we were paying once we factor in splitting utilities. The electric isn't even in the name of the girl we are subletting from. It's in the name of a prior renter. We have no way of getting our names on the electric or cable/internet bill. Can't be done. Will an affidavit from the gal we are subletting from work in this situation? Be enough?

[Otto 83]

Affidavits were from the best man, who actually met Anh before she came here when he passed by Munich and saw us both for lunch. Also my two friend, Chris and Trish, who are married and met her like the second day she was in the USA. We hang with them all the time. I just called them about this and they are freaking out. Trish started crying.

No chance of getting sworn statements from direct relatives? (i.e., parents etc)

Joint tax returns were right from the government. 2007 and 2008.

Sounds OK.

Bank statements from Wachovia (first and last with them) and then from Citibank (first and most recent).

Sounds OK.

Where we are staying now is a verbal agreement. Nothing is in writing. We sort of knew them and talked about it and then decided yeah, let's do it. Anh will be ten minutes from work and the rent will be half what we were paying once we factor in splitting utilities. The electric isn't even in the name of the girl we are subletting from. It's in the name of a prior renter. We have no way of getting our names on the electric or cable/internet bill. Can't be done. Will an affidavit from the gal we are subletting from work in this situation? Be enough?

Statement would probably be OK (if it were me, I'd include a copy of her lease (so it's official that it is her place) and the statement saying she's subletting it to you guys (as a married couple) with the starting date, current rent (not applicable but why not?) and expected end date (if one). That's just me - but it sounds like you really need to slam dunk this part.

[NArocks 13]

Bank statements from Wachovia (first and last with them) and then from Citibank (first and most recent).

when you say first and last did you only send 2? as in did you send a copy of one for say every 4 moths or so which would equal about 6 from each bank?

[lailaa 0]

Get 3 more affidavits from 3 differrent people..

-How about driver licenses or state ID'f of both showing same address.

-you can put bank account statements and bills for march april may june july august which r not the same statements you send in.

-You can go to the nearest church and get a joint church membership lletter or licence for you and spouse.

-Did you send IRS joint tax return transcripts before, if not send it.

If I was you I would make a cover letter explaining what I have in my hand now , what I already send before and I would add these new things on top of the package but also I would still put some of the important previous evidences, such as apt leases pics health insurance tax returns etc you already send in.

What will happen anyway ) they r not gonna deny your application just because you added previous evidences right:)

If that's all you have that's all you have period.

dont worry ,after sending RFE probably in couple weeks you will be approved.

good luck

The letter actually states, in bold: Do not send copies of documents previously submitted. Well, #######?! What else can I send? I might be able to find maybe one or two additional pieces of evidence to send, but that is it. If this thing is telling me not to submit stuff I sent prior, then they have not lost anything and want new evidence.

Here is a scan of the first page, with the name and other private stuff blacked out...

http://img225.imageshack.us/img225/8529/i797.jpg

We originally sent:

Photos of wedding, vacations, trips, family gatherings, etc.

Stuff with joint names:

Copies of lease for apartment in Brooklyn

Same for apartment in Queens

Copy of renters policy

Copy of our health insurance

Copy of bank statements from Wachovia and Citibank

Copy of our cable bill in Queens

Copy of our Verizon Wireless plan

Three affidavits

Marriage certificate

I am sure there is more, but I do not recall off the top of my head.

[JelloShotGirl 0]

Hey Bro, first off I really feel for you, you must be so upset and FRUSTRATED!!!!! Do you have joint credit card accounts, or accounts which have the same acct # and both of your names on it(authorized user, perhaps?) which you can inlcude? I will also recommend more pictures if you have them, since the time you got married ....when you were working do you/did you have health insurance cards? Do either of you have a 401k in which either of you is listed as a beneficiary??? You might be able to get a statement from you or your wifes hr department so you can provide that...also like other people said try to get an affidavit of who you are subletting from and how long you have been living there together, good luck . And keep in mind this is just a stumbling block , u guys will get thru it, because you have a legit marriage!!!!!!!!!

[damulag 26]

They like to see representative evidence from the entire 2 years, so if you send bill, send some from every few months. Try not to bulk up on only the recent statements. We sent in copies of christmas cards addressed to both of us, plus a copy of the envelope. I also sent copies of money grams we sent to the family and pictures of us with my family at holidays, and during vacations together. I had my landlord write a letter that we have been living together since she arrived, I was on a month to month lease.

We also sent in copies of Id cards and paycheck stubs that show our joint address.

[lailaa 0]

Another thing,

People tend to think only joint evidences count but it's not the truth, I believe anything shows your address even it's not a joint thing still considered as evidence.. So if you have other bills seperately like cell phones,home phones, seperate bank accounts or seperate credit cards statements anything confirming residence address just add copies of them as evidence as well. Highlight the name and address on the copies.

you can even put some junk mails came for either name showing same address.

-- I f you both ever signed checks from joint cheking accounts , go online and print few copies of those checks.

[Rings 10]

If I were in the same position, I would go to the bank and ask them for a statment on bonded paper that says when the joint bank account was opened and how long you have had it and if it is current, get a sworn affidavit from your mother or whoever you lived with prior and the dates and have her get it notarized. re-sumbit the medical insurance documents and have the empoler human resources department write you a letter on company sationary saying that you have medical coverage on your spouse and they are deducting money from you or her payroll and have them notarize it. Send in additional affidavits from family, friends and even your neighbors and have them all notarized. Make sure you follow the affidavit wording I have prodived you below because it is completely correct to the instructions on the form:

SWORN AFFIDAVIT

To whom it may concern,

This sworn affidavit is to serve on behalf of (INSERT NAME HERE and (INSERT NAME HERE) as my written testimony to affirm personal knowledge of their marriage and relationship. I do understand that I may be required to testify before an immigration officer as to the information contained in this affidavit.

I somely swear that I have personal knowledge of the relationship and marriage that this sworn affidavit represents. I have known both (INSERT NAME HERE) and (INSERT NAME HERE) prior to and/or as long as conditional residence was granted. I attest that they have merged their lives and have lived together in the same residence as husband and wife.

If there are questions or concerns, I give my permission to be notified to present my statement to the United States Citizenship and Immigration Services if necessary.

Relationship: ____________________

Full Name: ______________________

Address: ________________________

City, State, Zip: _________________

Date and Place of Birth: _____________________

Full Information and complete details on how you acquired your Knowledge:

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

Signature: ________________________________

Printed Name: _____________________________

Date: _____________________________________

NOTARY INFORMATION

Signature: ___________________________

Printed Name:________________________

My Commission Expires: ______________

[Rings 10]

You need to obtain receipts for all the rent you paid to your room mate (or whoever you are subletting from) so go buy a receipt book and have her write out receipts for all the money you paid her and also provide copies of your checks if you wrote checks to her for the ultilities.Then have her/him sign a letter stating that you are living with her/him and for how long and have her/him sign and notarize it. Also send in more photos of you at holidays together and send in the car insurance cards (if it does not have both your names on it, then ask the car insurance company to write you a letter on their letterhead stating that she is on the policy) send in your old utility bills because they still matter during the duration of your two years together. Get a block buster card in both your names and/or a king soopers card and then make copies of the application forms and the card numbers and see if you can locate a manager of the store to write you a letter as well. Most of them will do this if you tell them what it's for and why. Send in your old lease agreement. Di you ever put a change of address in with the USCIS online? I think you have to file a change of address within ten days of moving with the USCIS and you can do that online. If you filed they should have sentyou a letter of confirmation so you should also send in a copy of that as well. If you did not change your address.. do it now.

[Chocolot 0]

Do you have warehouse cards, eg sam's, bjs or others that have both of you at same address. Does your wife have photo id with address on it, to photocopy alongside your drivers licence. Do you have insurance listing each other, wills?

Cards sent to you both such as invitations or thank you cards. Have you been on any trips? have invoice from hotel, or petrol on your statement to prove you were away, photos of you there, do you have a pet that you have registered? Phone statements with your numbers listed?

Did you send everything they asked for in the 1st packet, if not add what you can, statements as already suggested, about your living arrangements.

I am sure you will think of things that prove your relationship is ongoing and strong, you may have to be a bit creative to find things that a stranger would say, well they would have to be committed to have this, and then it will be approved.

[Matt_Stevens 5]

Lots of good info here. Remember, Anh does not have a driver's license, so car insurance is a no-go here. Also, my driver's license is still in NC because I leave my car most of the year. I hate driving in NY. Anh's photo ID is for NC. Both our ID's have the old NC address. That's not going to be helpful to us.

One complication about the sublet is this... The girl we are paying is not on the lease either. Her rich friend is because the building management requires yearly income of 150k per person. This apartment situation is really going to kill us, I think. There is simply no way to fix the problem. It looks bad to an outsider, even though it made perfect sense for us to take the place.

I sent I think three bank statements from each account. Beginning, middle, latest/last.

The USCIS person I spoke to early this year said affidavits from family were not acceptable. But this time I will have my parents have one, notarized, stating how we lived in their in-law apartment in 2007. Maybe that will help.

We do not have joint credit cards because I do not have any credit cards at this time. None. It's a bad year for us financially.

I submitted loads of pics, but can submit more recent ones this time, but I don't think they are after that in our case.

Another complication... We had all our mail sent to NC for a time because we had trouble with thieves breaking into our box. The lock and door had to be replaced on the mail receptacle and that was only fixed recently. I am beginning to wonder if they have flagged us because of the mailing address being in NC and the home address in NY.

Tonight my wife used the F word for the first time. She has never said that word. She hates that word. I was stunned to hear it come out of her mouth, but she is screaming mad that people she knows who came here just through fraud by marrying their cousin or whatever had zero trouble going all the way to citizenship and yet we are getting shafted.

Edited September 15, 2009 by Matt_Stevens

[Rings 10]

Even if she does not have a car you can still put her on your policy. It will be one more piece of proof you need so I recommend you do that and have them send you a letter stating that she is on the policy. It does not matter where your licence is out of as long as the insurance company can state that she is on your auto insurance policy.

You can still have her sign on behalf of the landlord as the "property manager" and that she has responsibility over the place. She does not have to own it in order to provide the documentation you need if she is the care provider of the property.

Bank statements and letters from the bank serve different purposes. Get the letters as I said and I am sure you will find that they will enhance your chances here.

Affidavits are all acceptable, but it's good to get them from neighbors and friends and people in your church or whatever. Use the form I gave you and get them notarized because you have no room to make a mistake on the RFE... better to be safe than sorry.

It does not matter where you live. You HAVE to change your address with the USCIS online within 10 days of that relocation or it will raise a red flag. So make the change of address tonight and get the letter. You can do this and you can pass this if you follow the advice given.