Notice of Action - Blue Request for Evidence

[jassan 1]

So, I applied for my wife's adjustment of status back in April. Today I received a blue notice (not sure if the color is significant) stating:

"Your supporting evidence included Sponsor's Notice of Change of Address (I-865), Alien Change of Address Card (Form AR-11), receipt & itinerary for [husband] on January 18, 2010 and confirmation for [wife], return flight information, three affidavits, proof of joint automobile insurance, three apartment lease contracts, various cards and photographs."

"The evidence you sent is not enough because you don't show that you and your spouse share responsibility for most of the assets and liabilities of the marriage. You have not sent sufficient examples of shared assets and liabilities spanning the period of the marriage to show that you continue to share a life together."

My wife worked as a cashier for a short time, but has mostly spent her time in school the past two years - hence I've been the breadwinner.

My wife and I do not have joint bank accounts - she has never wanted this despite my numerous suggestions.

We have no children yet, but are planning on this.

We have file taxes jointly for the past three years - I can send copies of those returns.

We just renewed our lease for another 15 months.

I can send paperwork showing her on my health insurance and as a beneficiary on my life insurance and retirement accounts from the past year (I started working with the Federal Gov't last year).

My wife just recently took over the rental insurance on our apartment.

We just traveled back from Azerbaijan together after a visit to her family.

We have no joint credit cards or loans together.

For the record, we are about to celebrate our 4th wedding anniversary this Friday.

Advice?

Given the facts, and given that I can only send our joint tax returns, apartment lease, and beneficiary info on medical insurance, life insurance and retirement accounts, I'm not sure what to do. I'm not sure this is sufficient.

[Yurika & Jim 77]

So, I applied for my wife's adjustment of status back in April.

You meant Removal of Conditions?

[Darnell 8,478]

ROC must show 'co-mingling of assets'. You're lucky they are asking for it.

Here is similar, recent topic - http://www.visajourney.com/forums/topic/260848-denied-at-interview/

Suggest you study all, in that topic, as EVERYTHING ONE CAN DISCUSS ABOUT IT- is discussed there.

There is one major difference, however - in that thread - the OP was dinged at the interview, told anything generated after the interview date would NOT BE CONSIDERED.

You haven't had the interview yet, and you've not been told any 'cut off dates' for evidence 'as-of-dates' for new generation of evidence.

Good Luck !

Edited June 24, 2010 by Darnell

[jassan 1]

Yes, this is the removal of conditions. They said I must respond within 60 days.

I'll gather my joint tax returns the past few years, and current benefits paperwork I have with my wife as the beneficiary and contact my prior employer if they have anything on record. I'll talk to my bank and credit card companies, hopefully showing payments for overseas travels and payment of my wife's schooling expenses. I've been married four years and this now.

After I gather and submit this new evidence, will be scheduled an interview? Or will they adjudicate with the new documents if they are sufficient? And what if they are not sufficient?

[Darnell 8,478]

do suggest you read through that link.

Seriously.

S E R I O U S L Y.

[jassan 1]

do suggest you read through that link.

Seriously.

S E R I O U S L Y.

I just seriously read that link before replying in this thread and it was enlightening. I explained what is missing and what I planned to send. Is there anything to add to my personal situation?

[Elmira 1]

I now it is none of my business, but if you are married why you don't have joint bank account? For example, my husband and I submitted copies of our AAA, GEICO cards, credit cards, copies of our checking account bank statements as we have everything on both names we didn't even think not to have anything shared as it is obvious- we are husband and wife. it is gonna be a red flag for immigration officer. if i was an immigration officer i probably had questions too

[jassan 1]

I now it is none of my business, but if you are married why you don't have joint bank account? For example, my husband and I submitted copies of our AAA, GEICO cards, credit cards, copies of our checking account bank statements as we have everything on both names we didn't even think not to have anything shared as it is obvious- we are husband and wife. it is gonna be a red flag for immigration officer. if i was an immigration officer i probably had questions too

Thanks Elmira for responding. For whatever reason, my wife didn't want a joint bank account, she seemed to not understand the purpose of it. There's nothing more to it than that. It may look suspicious, yes, but well I cannot change that. She pays for groceries from her account. Occasionally I pay for schooling with my credit which she sometimes reimburses me for through check, or the international travel we've performed after our marriage to Israel. I've ordered credit card statements and bank statements in the last few minutes showing those transactions. I'm not sure if that is more harm than good.

We have join-leases together - we've not purchased property as I was in school at the time of marriage and paying off massive credit card debt and just a year ago we moved to DC as I've taken a job with the federal government.

My wife was listed on my insurance and benefits from my previous employer, whom I'll be contacting for records. She's currently on my life insurance and benefits solely. I'm also submitting copies of our joint tax returns filed married. I believe she handles our current rental insurance - it's not much, but it is something I suppose.

If I need to lawyer up, I will, but given what I'm citing as evidence that I will be sending, does it sound sufficient or like we are going in the right direction?

[sasaqlain 24]

What I fail to understand is that why, you didn't include your Tax returns in the application package to begin with. Since you failed to mention the details of the evidence you had sent out with the application, I am assuming that most of the items in the list you described above were not included. Send out pictures if you have taken any while on a trip to your home country along with traveling itenirary. Do send in copies of jointly filed Tax returns. I don't believe in having joint accounts or credit cards either(I have my reasons for that), but just for the sake of this process we do have joint accounts. Never had any joint credit cards since it would not have benifited me in terms of building a credit history. Send in whatever you think can show financial co-mingling of your assets. If you had any children, it might not have come to this. Good Luck and God Bless. Don't worry, I am sure you will be fine.

[Brother Hesekiel 2,236]

Of all the evidence you can send in, the joint tax returns for 2008 and 2009 are most important in USCIS's eyes. That, plus the lack of a joint bank account, show a lack of financial co-mingling which is one of the pillars of the ROC and without a doubt in my mind triggered the RFE.

What you also might want to send in is documentation of your trip together, i.e., plane tickets and photos showing you two together at her home country. If she drives, aren't you both on the same car insurance? AAA membership? Car title? Credit card?

None of this would have mattered much, had you not omitted the tax returns.