RFE in mail today - how depressing

[Cigarovich 1]

Oh man, I just opened a letter from USCIS that I hoped was my wife's green card and it was an RFE. Bogus

I'm really up a creek here since we basically submitted all the evidence we could find.

Gosh and I was having a real good weekend. Bleh.

Here is what the letter said:

"You submitted copies of your LPR card, copy of (homeowner's) insurance policy, copies of your tax returns and photos. While these docs establish that you are an LPR, that you file taxes together, the photos establish that you have met each other in person, and your insurance policy is in both your names, they do not establish that you share a bona fide marital relationship. Therefore, USCIS is requesting additional evidence in support of your petition."

The below is a list of docs we submitted:

• Copy of original request for these documents, addressed to my wife

• Copies of the green card of my wife.

• Two sworn affidavits by U.S. citizen friends, attesting to our relationship and marriage.

• Copy of joint 2008 Form 1040 U.S. Tax Return

• Copy of joint cell phone bill from AT&T

• Copy of cover page of joint apartment owner’s insurance from Allstate

• Copy of joint bank account statement from Citibank

• Copy of SUNY application receipt letter, addressed to my wife

• Collage of photos including our wedding party in December 2006, our trip to Ithaca in June 2007, our visit to Brooklyn in July 2007 and our trip to Niagara Falls in August 2009

So, as you can see, not an overwhelming amount of evidence but not a small amount either. Mitigating factors include 1) the fact the apartment I own is in my name only and I can't put it in both our names before the deadline for RFE material submission, and 2) my wife has been living abroad for about 1 1/2 years since she decided to finish her degree back in Russia after our noble experiment in trying to take advantage of the American educational system failed, but is planning to come back in the summer/fall to be with me after she completes her studies.

I'm so steamed I can't think straight but what we're planning to include for the RFE is:

1) copy of life insurance policy with her as beneficiary

2) copy of 2009 joint return

3) letter from bank officer stating the time back a few years ago when we opened the account

4) copies of my 3 itineraries from trips I made to Moscow to see her after she moved back, and likewise her visits

5) highlights of cell phone bills where we are calling each other (if I can get them)

6) pictures of her last birthday party in Moscow this April

7) letter from my cousin who happens to be a US Congressman and helped us when we had difficulties previously.

I'm also thinking about writing a kind of narrative of our time since we got back to the US (we met when I lived in Russia and moved back in 2006) and why she is not in the US right now, but I'm thinking this could backfire.

I also have a VERY personal and emotional letter she wrote me when she left. I'm loath to share it with the uncaring humanoids at USCIS but if it puts us over the top I would definitely send a copy. Would like to hear opinions on this...

As I said I'm pretty stumped - what else do they want from us - stained sheets?

Any help, ideas, etc. appreciated...

(sigh)

[I AM NOT THAT GUY 5,715]

You have a steep hill to climb, since you have been not living together for most of your marriage. It will be tough to prove bona fide's, when you are not even in the same country together.

Edited May 17, 2010 by ##########

[Darnell 8,478]

Ya - I'm thinking someone at USCIS looked up her entry/exit timestamps, noticed something wonky.

[Jamericanlove 31]

I'm not sure if I missed it but I didn't see a lease or house title with both your names on it. That might help to establish a marital relationship. Who knows...USCIS is a strange beast. Some people submit much less than that and get approved quickly.

[Otto 83]

Where do you guys live? (As mentioned above, what is your living arrangement? Do you own a place? Rent a place?)

[Yurika & Jim 77]

Where do you guys live? (As mentioned above, what is your living arrangement? Do you own a place? Rent a place?)

Mitigating factors include 1) the fact the apartment I own is in my name only and I can't put it in both our names before the deadline for RFE material submission, and 2) my wife has been living abroad for about 1 1/2 years since she decided to finish her degree back in Russia after our noble experiment in trying to take advantage of the American educational system failed, but is planning to come back in the summer/fall to be with me after she completes her studies.

[Otto 83]

@Yurika & Jim - ah hah. Missed that entire paragraph.

That changes things; those are indeed some challenging mitigating circumstances (the apartment is probably the least of them).

[Jamericanlove 31]

I missed that part too. Perhaps you could explain those details in a letter. If anything they will just ask you guys to come in for an interview. Everything will be o.k.

[phaman1984 1]

We are in a quite similar situation where my husband goes to school in a different state, and I can't quit my job in this economy. We submitted the same amount of paperwork as yours and got approved quickly. I wrote in the cover letter the details of our situation explaining why we are not living together, how we communicate to keep our relationship alive, and also our concrete plan to reunite in the near future. Travel documents (air tix, boarding passes, pictures, etc.) and communication records are very helpful. I think it's a matter of trust. Just be honest, and USCIS will understand.

All the best to you. It will take some time but I think you will get approved eventually.

[w8inglongtime 29]

Eventhough your evidence doesn't look bad, it seems they have taken exception to the fact that you and your wife have pretty much not lived together as a couple in a year and half. Someone may have taken a gander at her travel pattern and decided to turn up the heat a little on your case. Look around the house and you may come accross more bills and randon mail addressed to you guys over the past year. Good luck.

[Cigarovich 1]

We are in a quite similar situation where my husband goes to school in a different state, and I can't quit my job in this economy. We submitted the same amount of paperwork as yours and got approved quickly. I wrote in the cover letter the details of our situation explaining why we are not living together, how we communicate to keep our relationship alive, and also our concrete plan to reunite in the near future. Travel documents (air tix, boarding passes, pictures, etc.) and communication records are very helpful. I think it's a matter of trust. Just be honest, and USCIS will understand.

All the best to you. It will take some time but I think you will get approved eventually.

Excellent advice. I'm printing skype chats and call records as you read this. Thanks!

[Darnell 8,478]

We are in a quite similar situation where my husband goes to school in a different state, and I can't quit my job in this economy. We submitted the same amount of paperwork as yours and got approved quickly. I wrote in the cover letter the details of our situation explaining why we are not living together, how we communicate to keep our relationship alive, and also our concrete plan to reunite in the near future. Travel documents (air tix, boarding passes, pictures, etc.) and communication records are very helpful. I think it's a matter of trust. Just be honest, and USCIS will understand.

IMO, it's a bit different when the foreign spouse is OUT OF THE COUNTRY and the USC Spouse is in the USA, for such an extended period of time. Just saying... IMO - more scrutiny than your particular situation.

[rika60607 215]

A statement describing your marriage, explaining your living arrangements and stating your future plans of living together should help a lot, backed up with evidence of travel to see each other and evidence of constant communication.

The worst case scenario - they will call you for an interview. Calm down and try to come up with every possible bit of info showing that your finances co-mingle, that your relationship is "alive" and that she will come back to live with you in very near future.

[Abby62 23]

Sorry to hear of the RFE, I hope it gets resolved. I have a major concern now. I have been reading VJ and keeping track of how to do all of this process. I'm so confused now reading this and having just assembled our i-130, this is very upsetting to read. I have been told over and over on this site that I had to return to Canada until my Visa is approved and then I can move to the USA when i'm approved.

I visit my husband every other week here in the USA.

Now i'm reading that potentially we'll have problems because i'm NOT in the USA and NOT living together??? God help me. Is there anyone out there who can explain this to me?

[Otto 83]

Now i'm reading that potentially we'll have problems because i'm NOT in the USA and NOT living together??? God help me. Is there anyone out there who can explain this to me?

You may be confusing what the OP is talking about and your visa path - they're not the same thing. The OP is at the Lifting/Removing of Conditions stage (their PR/Green Card was issued almost 2 years ago).