I-751 Evidence submitted with form is insufficient

[lopakalolo 1]

November 20, 2010

These people (USCIS) have been driving me nuts for four years now. HELP!

I'm wondering if anyone else in this forum experienced something similar to what we did. I feel that I followed their instructions to the letter, crossed every (T) and dotted every (I).

My wife and I are both retired and financially comfortable just trying to enjoy our remaining years together, travel and not be tied down. This seems to irk the Immigration officers because we are not following their guidelines on how we should live our lives.

My wife has a two year probationary green card issued to her as we where not married for the two years required when it as granted. She was granted a one year extension which will expire October 2011.

We mailed the I-751 Petition to Remove Conditions on Residence in (July 2010) to the USCIS Vermont Service Center. I felt that I did a very good job (possibly too good). I included everything from their list as was spelled out in the I-751 instructions.

We received a letter (ASC Appointment Notice) within one month (August 2010)of mailing the packet and paying the $545.00 to the USCIS Vermont Service Center. This letter told us to report to our local USCIS office in Tampa, Florida for a Biometrics Appointment. I was feeling very good about the effort that I put into the packet because of the quick turn around. My wife completed the Biometric appointment and then it was time to go home and wait for the anticipated delivery of the ten year green card.

(WRONG) Instead we received a letter stating that:

The evidence submitted with your form is insufficient. U.S. Citizenship & Immigration Services (USCIS) requires certain additional evidence to process your form. Please respond with the evidence listed on the attached page(s)

Why USCIS is Sending You This Notice

Your supporting evidence does not establish that you and your spouse entered the marriage in good faith and continue to share a life together.

This blew my mind - I was dumb founded!(note: After seeing what we submitted - see if you can justify this response from them)

You submitted photocopies of Credit Cards, a copy of your 2008 and 2009 tax returns, (which are not official transcripts), nor are they stamped by the issuing authority). one joint bank account statement, a deed of assignment, and four affidavits. This evidence is insufficient. You did not 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 entire period of the marriage to show that you continue to share a life a life together.

What We Need

Please submit evidence that you and your spouse entered into the marriage in good faith and continue to share a life together. The evidence should cover the entire period of your marriage. Please do not send copies of documents already sent. If your marriage has ended, please tell us the reason.

Examples of Evidence You May Submit

1.)Pertaining to children as result of your marriage (N/A)(we are way beyond that)

2.) Evidence that you and your spouse resided together and shared responsibility for a common residence may include:

a.) leases in both your names showing joint occupancy;

b.) deeds and mortgages in both names showing joint ownership.

(we neither rent nor do we own. We live with my daughter and her husband and share expenses with them)

3.) Evidence that you and your spouse have combined financial resources may include financial records showing joint ownership of assets and joint responsibility for liabilities such as:

a.) joint checking and savings account statements showing deposits or withdrawals for the period of your marriage.

(I assumed that I covered this with my packet)

b.) Insurance policies that show the other spouse as the beneficiary

(Neither of us have Life Insurance - is it mandatory?)

c.) joint federal and state tax returns - these must be issued by the federal or state authority through whom you filed, they should be official transcripts or be stamped by the issuing authority.

(I included joint tax forms 1040 that I had sent to the IRS - I wasn't aware or do I still understand what it is they want? )

d.) joint utility bills

(these are paid by my daughter and her husband, we give them a shared amount and never thought of asking them for a receipt)

d.) joint installments, other loans or credit card statements

(the credit card statements were supplied with the packet - we are debt free and don’t owe for any loans or installments)

4.) Evidence that you and your spouse have made estate, health and financial planning arrangements with each other may include:

a.) will and/ or a trust.

(our wills are made out to our children and grandchildren from both our previous marriages).

b.) durable power of attorney for health care and/or property.

(we have an agreement drawn up by an attorney stating that in the event of the death of one spouse that the property (house) reverts to the living spouse and upon the death of the remaining spouse it reverts to the grandchildren) .

(a copy of this was included in the packet to USCIS Vermont).

5.) You may submit an original affidavit to show that third parties have knowledge of the bona fides of your and your spouse's marital relationship. An affidavit should be supported by documentary evidence and must be sworn to or affirmed by at least two people who:

a.) have known you and your spouse since your conditional residence was granted and have provided information about their relationship to you and your spouse;

b.) have personal knowledge of your marital relationship and have provided a detailed explanation about how this knowledge was acquired;

c.) may be required to testify before an immigration officer regarding the affidavits content;

d.) have provided their full name, address, date, and place of birth;

(The above was included with the packet - not just two but four affidavits).

Note: their other instructions regarding affidavits specified: date of birth and social security number which many are reluctant to do and therefore declined. in addition, the government puts out a warning to not give out your social security number and the USCIS contradicts it - go figure).

6.) You may submit any other, relevant documents not already mentioned.

(I think they covered everything – or did they?).

[/i]I put everything listed below into a binder. The packet started with an introductory cover letter followed by A cover page for me (the husband)with everything required from me, next was a cover page for my wife (wife of spouse) and everything that was required for her. The third section cover page was for Husband & Wife (joint) and contained everything that was required for both of us. The fourth section Cover page was for our Affidavits (four of them) per the I-751 instructions. The remainder was only additional. It was a clean packet, organized and easy to read,

This is a list of what I submitted:

1.) Cover Letter

2.) Joint Information: (Husband & Wife) consisting of:

a.) Citi Bank account & Credit Card

b.) 2007 taxes (Joint Filing)

c.) 2008 taxes (Joint Filing)

d.) 2009 taxes (Joint Filing)

e.) Marriage Certificate (June 2007)

d.) Citi Bank Joint Savings Account (husband & wife)

e.) Delta Airlines one way ticket from the Philippines to our home in Florida.

3. Spouse – Husband: consisting of:

a.) AARP Membership Card – [/u]Verifying U.S. address[/u]

b.) American Express Card – [/u]Verifying U.S. address[/u]

c.) Birth Certificate

d.) Citi Bank Check Debit Card - [/u]Bearing my name[/u]

e.) Citizen Watch Invoice – [/u]Verifying U.S. address[/u]

f.) Delta Airlines Boarding Pass – [/u] last U.S. entry - together[/u]

g.) Library Card – [/u]from residence city[/u]

h.) Voters registration card – [/u]from resident county[/u]

i.) Credit Union Credit Card - [/u]Bearing my name[/u]

j.) Social Security card

k.) Florida State drivers license

l.) Medicare card

4.) Spouse – Wife: consisting of:

a.) American Express Card – [/u]Verifying U.S. address[/u]

b.) Delta Airlines Boarding Pass (last U.S. Entry – together)

c.) Florida State I.D. card

d.) USCIS I-797 Notice of Action

e.) Library Card – [/u]from residence city[/u]

f.) Medicare card

g.) Credit Union credit card [/u]Bearing wife’s name[/u]

h.) Social Security card

Affidavits – from four individuals

Additional

Passport pages (Husband) – showing entry and departure dates

Passport pages (Wife) – showing entry and departure dates

U.S. and other countries visited – Passport pages

[Brother Hesekiel 2,236]

You probably realize that every time a USCIS officer gets their hands on a file, you are running a risk of getting one who got a bad day. Some people have been approved with very little evidence, others have on occasion received an RFE despite overwhelming evidence. It's a bit like playing the lottery.

I am a big believer in quality over quantity, but I also believe that covering every corner is important.

Obviously, you did not answer question that came up when reviewing your file. A cover letter explaining who you guys are and how you live might have helped. A rental contract between you and and your daughter might have helped, and a few photos showing you two at the holidays, birthdays and vacation may have helped. Luckily, an RFE gives you the chance to submit these items now.

[windycity 1]

3.) Evidence that you and your spouse have combined financial resources may include financial records showing joint ownership of assets and joint responsibility for liabilities such as:

c.) joint federal and state tax returns - these must be issued by the federal or state authority through whom you filed, they should be official transcripts or be stamped by the issuing authority.

(I included joint tax forms 1040 that I had sent to the IRS - I wasn't aware or do I still understand what it is they want? )

Since they want official transcripts, I would order tax return transcripts of 2008 and 2009 from IRS.

I assume you just sent the copy of your 1040?

Good Luck!

[OBX 51]

You probably realize that every time a USCIS officer gets their hands on a file, you are running a risk of getting one who got a bad day. Some people have been approved with very little evidence, others have on occasion received an RFE despite overwhelming evidence. It's a bit like playing the lottery.

I am a big believer in quality over quantity, but I also believe that covering every corner is important.

Obviously, you did not answer question that came up when reviewing your file. A cover letter explaining who you guys are and how you live might have helped. A rental contract between you and and your daughter might have helped, and a few photos showing you two at the holidays, birthdays and vacation may have helped. Luckily, an RFE gives you the chance to submit these items now.

Since they want official transcripts, I would order tax return transcripts of 2008 and 2009 from IRS.

I assume you just sent the copy of your 1040?

Good Luck!

[lopakalolo 1]

You probably realize that every time a USCIS officer gets their hands on a file, you are running a risk of getting one who got a bad day. Some people have been approved with very little evidence, others have on occasion received an RFE despite overwhelming evidence. It's a bit like playing the lottery.

I am a big believer in quality over quantity, but I also believe that covering every corner is important.

Obviously, you did not answer question that came up when reviewing your file. A cover letter explaining who you guys are and how you live might have helped. A rental contract between you and and your daughter might have helped, and a few photos showing you two at the holidays, birthdays and vacation may have helped. Luckily, an RFE gives you the chance to submit these items now.

Thanks for your input.

I did write a detailed cover letter describing who we are, where we came from, how we met and what our goals are. Essentially the goals were to live as a married couple, travel freely together to visit friends and relatives and to enjoy life in retirement. Nothing earth shattering, just some simple desirements.

The one thing that I realized while writing this message was that it seems like I am doing a repeat of the I-130 and that was another torture chamber. Documents that I provided to satisfy the I-130 reviewer (Manila Embassy) such as the three years of joint tax filing are now being rejected by another reviewer at another location. I provided the same 1040 tax filing copies to both - one (Manila) accepted them and the other (Vermont) rejected them.

Also when I prepared the I-751 packet and sent it off to Vermont (with payment), they accepted the packet and quickly replied with a letter to go to our local USCIS office for the Biometric Appointmment. At that time, I was giving myself a pat on the back for a job well done. So now we get this letter saying that they don't like the things that they specified in this new letter. My question is why didn't they reject the packet when it was sent to them with a money order for $545.00 prior to the Biometrics? It is the same information that they accepted initially and are now getting bitchy about.

My concerns now are how to make them happy with what they are requesting because I honestly don't know what the hell they want.

What I submitted with the I-130 was accepted and got her the two year probationary green card and we moved up a notch and made it over another hurdle.

What I submitted with the I-571 was accepted the first time it was sent to Vermont. They took the money and moved it up a notch to the next level Biometrics making it over another hurdle.

All that was needed was for them to change the two year probationary green card to a ten year green card. Nothing changed - same information going back three years or more, same two people, everything being the same that satisfied them initially. Now all of a sudden, we are going back to the I-130 days for information that they requested & was accepted to begin with.

I think you're right on the money - we got the bad guy or woman that was having a bad hair day. I've had the same horror stories to tell regarding visitors visas at the Manila Embassy, but I don't want to go into that.

Thanks again

[ManuFred 10]

Interesting to read they suddenly expect transcripts from the IRS. The instructions don't mention this at all. It just talks about copies of tax returns.

It probably explains why I got an RFE message today

[VanessaTony 3,567]

I would include:

Proof of living together:

- letters addressed to same place for both of you

- Post office registration

- drivers licence with same address

- SSA stuff to same address

Proof of co-mingling:

- life insurance (joint)

- health insurance (joint)

- car title (showing both as nominated driver etc)

- car insurance policies (joint names)

- Will (stating each other as beneficiary.. or executor)

- Powers of Attorney documents (each other as Attorney)

- Flyer miles to same address

- Phone plan having both names

Proof of joint financials:

- Joint account/s

- proof of you paying stuff for her, and her you (like gym memberships etc)

- Proof of who paid for plane tickets

Other:

- Photos together

- Affidavits

- Pets registered to both

etc etc. That's obviously not an all inclusive list but hopefully it gives you a good idea.

Good luck!

[lopakalolo 1]

Thank you all! Support is always encouraging. I know we are all facing the boogy man (immigration)together in some way or at some point. That is why Visa Journey is so important and helpful. Awhile ago, I walked a gal through the I-130 process and medical exam and gave her encouragement all the way. It was refreshing to get a reply "yea, we made it" from her later on.

We just need to keep on, keepin on.

I would include:

Proof of living together:

- letters addressed to same place for both of you

- Post office registration

- drivers licence with same address

- SSA stuff to same address

Proof of co-mingling:

- life insurance (joint)

- health insurance (joint)

- car title (showing both as nominated driver etc)

- car insurance policies (joint names)

- Will (stating each other as beneficiary.. or executor)

- Powers of Attorney documents (each other as Attorney)

- Flyer miles to same address

- Phone plan having both names

Proof of joint financials:

- Joint account/s

- proof of you paying stuff for her, and her you (like gym memberships etc)

- Proof of who paid for plane tickets

Other:

- Photos together

- Affidavits

- Pets registered to both

etc etc. That's obviously not an all inclusive list but hopefully it gives you a good idea.

Good luck!

[JoannaV 174]

If the two of you have been travelling together over the last two years then include as much proof as possible of that. Boarding passes are best.

[Brother Hesekiel 2,236]

For what it's worth, you are now entering the zone of probability which by its very nature works in your favor.

I always proclaim that IMNSHO it is near darn impossible not having the ROC approved if the couple is still married and living happily together. Getting an RFE is rather unlikely, and although no hard data are available, it's probably around 10-or-so percentile. Of those 10% only a fraction -- again -- will have to endure the torture longer. The odds that you are among those when sending them -- something -- is almost astronomical. I'm putting up 10 bucks that everything will go smoothly for you from now on.

[SerenityNOW 11]

Interesting to read they suddenly expect transcripts from the IRS. The instructions don't mention this at all. It just talks about copies of tax returns.

It probably explains why I got an RFE message today

Interesting, that is what struck me as well. There was a debate about this before I filed in October. I went ahead and ordered the transcripts, but nobody knew if they were *necessary* or not.

To the OP - it seems like they are also hung up on the "for the period of your marriage" thing. Did you just send one page from your savings account? If so, it might help to get statements from every 4-6 months through the last couple of years, since your wife entered the country.

Yeah, I would think travel stuff is good, photos, joint membership to Costco or AAA or whatever other kooky couple-y things you can think of.

And affidavits - yeah, no SSN needed - go get 100 of them. Just kidding, but you might as well bombard them with more. That's what I have threatened to do if I get an RFE

Best of luck to you with rest of this fun ride!

[VanessaTony 3,567]

Interesting, that is what struck me as well. There was a debate about this before I filed in October. I went ahead and ordered the transcripts, but nobody knew if they were *necessary* or not.

To the OP - it seems like they are also hung up on the "for the period of your marriage" thing. Did you just send one page from your savings account? If so, it might help to get statements from every 4-6 months through the last couple of years, since your wife entered the country.

Yeah, I would think travel stuff is good, photos, joint membership to Costco or AAA or whatever other kooky couple-y things you can think of.

And affidavits - yeah, no SSN needed - go get 100 of them. Just kidding, but you might as well bombard them with more. That's what I have threatened to do if I get an RFE

This is a good idea but seeing USCIS is being difficult I would even go so far as to get a bank letter stating when the account was opened and who is on the account and who was added when etc. Perhaps even copies of cards from who uses that account and proof that money can be withdrawn freely by either person and that the income goes into that account.

I would KILL them with evidence.. complete overload... structured and making sense, but stacks and stacks and above and beyond.

[Kang Lang 7]

sorry you are going through the troubles of an rfe. hope it will be smoother sailing after you give them more documentation. i didn't send them tax transcripts either i just sent them the copies of what i filed since i do our taxes myself. i did send them at least one copy of the front page of our joint banking statement per quarter since we did aos (the page that shows the traffic in the account, number of deposits/withdrawals and checks etc. and only 2 pictures since our house was broken into and our camera/memory cards were stolen and i am TERRIBLE about downloading. i will come back here and post if i get an rfe as well.

(might be worth noting that we have our pg&e and comcast services in both names and have since 2007 hoping that will help)

best of luck!

[FaithfulandTrue 6]

Wow, I'm so sorry about USCIS giving you are hard time... man a will or poa and all that other stuff... we certainly didn't think about all of THAT I really don't know what to say I pray for the best for you and your speedy approval

[lopakalolo 1]

Everyone,

I just wanted to thank you all for your support, advice and well wishes.

That's what Visa Journey is all about.

A shoulder to lean and cry on always helps.

Most of the time what you think is a mountain turns out to be a mole hill.

It's remembering that when someone needs help, that even though you've been there and done that,

you still remember what it feels like and how good it feels to help someone else over the same hump.

After this is over with and I move up another notch, it's my turn to help someone out who is now there.

Again, Thanks, Mahalo, Salamat

(Guess you know where I've been)