Got weird RFE

[Biruta 0]

Ok, here it is.

They ask us to send them a notarized affidavit from my husband describing his wishes to pursue this application and detail the current status of relationship.

I-864 - which i did sent them!!!

List and describe three most attractive characteristics/trails possessed by me and my husband.

Color photo where we are holding most recent newspaper.

Statement why we didn't celebrate our wedding.

Submit the birth certificates of our children (WE DO NO HAVE THEM AT ALL)

Copies of driver licenses ( I do not drive)

Copies of tax returns (WHICH DID SENT THEM FOR 3 YEARS)

My tax returns (WE SENT THEM JOINT TAX RETURNS, BECAUSE I AM UNEPLOIED)

SUBMIT PAYROLL STATEMENTS for last three months (WE DID before with 485 application)

They asking joint checking account (We don't have one, because i don't have SSN yet)

They also asking credit card statements. (we payed them out long time ago, and didn't open new once. And of course i don't have them too)

Health insurance and life insurance ( i did sent them)

WHATS GOING ON WITH USCIS??????

P.S. What if some of requested evidences i don't have. Do i face denial of application????

Edited January 18, 2011 by Biruta

[Romancita 3]

Weird, indeed! What do they mean you didn't celebrate your wedding? We did not have a big party, it was just three of our friends in front of the justice of peace, and after that we went out for lunch. Should I write a statement explaining why we did not celebrate our wedding?

[Biruta 0]

Weird, indeed! What do they mean you didn't celebrate your wedding? We did not have a big party, it was just three of our friends in front of the justice of peace, and after that we went out for lunch. Should I write a statement explaining why we did not celebrate our wedding?

I have no idea. We went to justice of peace, just two of us. Didn't make any pictures.

[Romancita 3]

I have no idea. We went to justice of peace, just two of us. Didn't make any pictures.

The statement part and proving the relationship is bona fide are doable, but the children birth certificate?

[amykathleen2005 441]

Send them what you can and an explanation why you can't send them everything else, like the birth certificates, etc. They obviously are doubting your relationship, you must do your absolute best to give them what they ask for ASAP.

[Nich-Nick 3,354]

You're filing for AOS almost 3 years after your K1 and marriage. You will be eligible for a 10 year green card so it sounds like you are being asked for the kind of evidence we sent with our Removal of Conditions, over what is normally sent with AOS right after the marriage. Since you have been married three years, they expect to see a lot of evidence from the whole three years showing you live together and co-mingle your finances. Going down to get a joint bank account suddenly after 3 years of not having one will look more suspicious than having joint accounts way back from 2007 until now. You should look over the guide for removing conditions and scroll down to see the kinds of evidence people submit to show a bonafide marriage.

http://www.visajourney.com/content/751guide

Answer each of the questions they sent you or provide the reasons why you don't have that evidence. Also supply anything new you can using that list in the link to give you ideas of things to send. It is very serious, so do a very good job and get it returned well before the deadline.

[Adam & May 4]

Why no social security number? My (now) wife was able to get her SS# a month after she arrived. You should get it done and get added to joint checking.

This is just my opinion.

Adam & May

[Biruta 0]

Well, about SSN, We came to SSA 5 days before my I-94 expired, and of course it was to late... That's why i do not have SSN, but i have TIN, so we could apply for tax return all those 3 years. It is not like we do not have anything to show them that our marriage is legit. We have health insurance, i am 100% beneficiary in my husbands 401-K, bunch of photos with my husbands family, also i am beneficiary in my husbands ADLI (accidental death life insurance-from work) All of this i did sent them with paperwork for I-485 application.

I received my EAD and this friday we will got to SSA, but hope it will not take to much time, because we have to send them RFE till february 9.

[JimVaPhuong 4,863]

You're filing for AOS almost 3 years after your K1 and marriage. You will be eligible for a 10 year green card so it sounds like you are being asked for the kind of evidence we sent with our Removal of Conditions, over what is normally sent with AOS right after the marriage. Since you have been married three years, they expect to see a lot of evidence from the whole three years showing you live together and co-mingle your finances. Going down to get a joint bank account suddenly after 3 years of not having one will look more suspicious than having joint accounts way back from 2007 until now. You should look over the guide for removing conditions and scroll down to see the kinds of evidence people submit to show a bonafide marriage.

http://www.visajourney.com/content/751guide

Answer each of the questions they sent you or provide the reasons why you don't have that evidence. Also supply anything new you can using that list in the link to give you ideas of things to send. It is very serious, so do a very good job and get it returned well before the deadline.

Agreed. In fact, they're going beyond what would be required for removal of conditions. A removal of conditions wouldn't normally require a notarized statement from the K1 petitioner that the relationship is still intact, and that they still want to pursue the green card application. It sounds like they suspect she forged his signature on the I-864. I imagine this is something they might want to go into at the interview, as well.

I'm kind of surprised they didn't just deny it and ask them to resubmit with an I-130.

[Nich-Nick 3,354]

Agreed. In fact, they're going beyond what would be required for removal of conditions. A removal of conditions wouldn't normally require a notarized statement from the K1 petitioner that the relationship is still intact, and that they still want to pursue the green card application. .

ROC requires filing for it jointly if you are still together. You check the box that says "my conditional residence is based on marriage to a USC or PR and we are filing this petition together." And both sign the form. Otherwise a waiver has to be requested.

I think the notarized statement is to establish that her late application is still based on an ongoing marriage to a USC. There's no place on the I-485 for the USC spouse to sign, so they are covering that requirement by getting a notarized statement from him. And the joint photo with a current newspaper is additional proof establishing they are still together.

[HappyRs 8]

any chance that docs got lost during the transfer? pretty weird though