RFE but trouble with evidence

[lilycarter 1]

Hi Everyone

I just re-posted this here as I think I posted it in the wrong thread sorry.

Congratulations to everyone who received their Greencards !

I also filed in October, and have just received an RFE for more evidence. We submitted a lot of evidence, but they must consider it soft evidence (which it is), as we now have this RFE. We submitted affadavits, 1 tax return, travel itineraries, and some personal things, but this is clearly not enough.

Our problem is we have not had a joint bank account, utility bills or credit card statements or ANY of the harder evidence which they requested. We do not even have a lease as we lease from this elderly polish lady who we pay in cash month to month. We have also been broke since I moved here as my husband lost his full-time job and we he has only been doing smaller jobs, so we have no joint health insurance, or legal records,NOTHING!

I am so concerned as we cannot just produce this stuff, but we have lived together here since September 2007. We sent affadavits so I really do not know what else we can do. Is there any way we can just request an interview, as that would probably be better at this point, as anything we send in will be yet more soft evidence :-(

Also do you think a backdated lease could work, as I think our landlady would write us one, but if its recent I am not sure it would hold any water?

Also I have to leave the country in March and am now worried this will make it difficult to get back in, or is that just me over-reacting!?

Thanks, and sorry to drop a sad bomb on the thread, as its full of such lovely news recently!

Lily

[Inky 1,110]

Sadly you can get an RFE even at the interview and have to respond to it before you will get your 10yrs card.

write up a letter stating that you rent and have rented from -date- to -date- with this elderly lady paying -cash amount- monthly and have her sign it?

no joint blockbuster account, joint grocery store discount card, sams club joint membership? Photos with family and friends, cards celebrating anniversary.

Only 1 tax return? you should have 2 tax returns of married filing joint. Even if you guys have no or tiny income, still file a return thats big. To get citizenship you cannot fail to file for any year.

Can you open a joint account with a small amount somewhere?

Joint car ownership / car insurance? Drivers license listing the same address ( living together )

State ID for both listing same address.

[confusedasheck 21]

What about a notorized statement by your landlady that stated when you moved in and what your lease terms are? That would at least keep it legal.

[confusedasheck 21]

What about any mail that shows that both of you live at the same address?

[lilycarter 1]

Thanks for the replies.

We have of course filed every year, but only once jointly as we just filed separately the first year for student loan purposes (I am a 2nd year RN nursing student)

We also sent pictures, letters, and already an affadavit from our landlady stating the we have lived here since September 2007. She also sent in the affadavit that accompanied my initial application for residency in 2008, so there is consistency there.

As for the opening a joint account now, the request asks for evidence proving marriage of the last 2 years, so one opened now seems to prove nothing, but I guess we could try.

I am thinking maybe I can have my nursing school write something up, and just write a letter explaining our situation. What concerns me is even if they are sympathetic and understand our scenario, it still doesn't count as evidence! We could produce 100 addafavits from friends and family, but the hard evidence they require is not available.

And yes we have netflix etc, and ample mail addressed to us here showing residency, but they want to see our assets merged, which is hard when you don't have many.

Thank you again

[OBX 51]

How about including a cover letter describing your life with your husband that explains your lack of other evidence. Do you have driver's licenses showing the same address? Any personal correspondence, cards, letters mailed to the both of you. I would send in your tax records for the year you filed separately as it would still show your status as married. The cover letter could also explain why it was beneficial for you to file separately for that year.

Good luck and keep us updated.

[Nich-Nick 3,354]

When you respond to the RFE, tell them more about you and your life. Address the things you don't have and your reasons why. In the end, they are just making a subjective judgement on the validity of your marriage. Tell them you don't have insurance or employer benefits. If they know why you chose to file taxes separately or why you don't use credit cards then maybe it will help.

We also didn't have all the hard evidence, so our application includes a page before the other evidence called "Evidence we are not sending and the reasons why." Then there is a list of what we don't have with explanation--

Joint mortgage

Beneficiary status

Joint Utilities

Children

It's too early to know if they will accept that, but I wanted them to see up front why we don't have the things the "average" married couple will have and not think we just failed to include it.

[lilycarter 1]

Thanks, I think you are right. We are both writing letters to that effect, explaining details, with more evidence to illustrate our situation. I am also having our financial aid officer at school write a letter, with all my applications for scholarship and financial aid with my husband's details and signature on it going back to June 2009, so I hope that will help. Do you know by any chance if I should I get all these letters notarized or is that not necessary as they are not the actual affidavits?

Also I am going to send everything with our joint address on it , although I feel residency is already established, but it can't hurt! Maybe some more affidavits but we sent 3 already so I am not sure they will help.

Thanks again, this is such a great resource, I feel so upset about this RFE, and its good to get some rational & kind feedback from people who also have been through the same process. I think its especially hard as we have never had a bump in the road with immigration before so it has been a nasty shock

Lily

[Nich-Nick 3,354]

We are both writing letters to that effect, explaining details, with more evidence to illustrate our situation.

Red flag to me!!

You are trying to prove you are a couple. Why separate letters? May I suggest one joint letter or statement signed by both?

[lilycarter 1]

ah ha! good idea, I will make sure we both send the same one!

I feel much better. I am in school and have lots more evidence; federal loan papers signed by us both since 2009, all our old taxes, and a letter from the school saying I am studying here and that they have known us since June 2009.

Also got bank account statements paying the cable bill etc. They aren't actual bill statements, but bank acct statements with the amount & account bill numbers on it, and shows we have both paid the same bills since 2008 for our address.

Also got even more tickets home to the UK for us both from Christmas, pictures etc,but I do not think they help that much as they have a lot already. but it can't hurt. I feel like they will have a wonderful overview of our extended families life after this!

SO, gathering another huge stack of stuff...want to get it sent back ASAP as I do not like having this hanging over me!

Thanks again

Lily

[ann and aties 9]

On your separate returns, you were required to list your spouse. Wouldn't it help to show both returns listing each other?

[confusedasheck 21]

On your loan papers, was your husband a co-sponsor for the loan?

[lilycarter 1]

Yes A & A we did list each other and have included the 2008 tax returns this time.

And no he wasn't the co-sponsor, I didn't need one, but he is listed as my husband on the federal loan agreement which we both signed.

We also have some records and receipts from the dentist and doctor when I had things done and he paid, so I think that is good too.

Trying to just get everything we can possibly think of.

Thanks

[w8inglongtime 29]

Yes A & A we did list each other and have included the 2008 tax returns this time.And no he wasn't the co-sponsor, I didn't need one, but he is listed as my husband on the federal loan agreement which we both signed.We also have some records and receipts from the dentist and doctor when I had things done and he paid, so I think that is good too.

Trying to just get everything we can possibly think of.

Thanks

See, you do have evidence. You just didn't think they were good enough. Credit card statements are nice and all but not everyone wants to be in debt and uscis is aware of that. The items you've mentioned above shows a husband and wife co-mingling. I'm sure you have a lot more things to strengthen your case if you take your time and look through things in your house. Good luck

[lilycarter 1]

Thanks w8ing long time, you are so right! I think I was a bit tentative the first time around and didn't put enough evidence in, but now I realize I just have to throw the entire book at them!

So let this be a lesson to everyone who hasn't filed, send everything the first time. so silly of me not to!

Lily

Edited February 2, 2011 by lilycarter