RFE 797e

[deus360 9]

Hi all...We need some help

we got married in 2008 and got the 2 year green-card. We filed for the adjustment of status on Feb. We submitted pictures, affidavits from family, tax return, etc.

We got an RFE 797e back for more info.

I wanted to have your opinions on this; I have my wife’s W2 pointing to a different address than where we live (her's w2 (2008/2009/2010) point to her mom’s place). But we filed jointly on all tax returns. All the tax returns point to our current address where we both live. My question is whether or not the latter discrepancy in address of my wife’s w2 and our tax returns a potential problem for immigration. I heard that many people tend to file their w2 to a different places, other than where the live, and that this is more or less common, but just wanted to have some of your opinions on this.

thankss

[Barbara J 115]

Hi all...We need some help

we got married in 2008 and got the 2 year green-card. We filed for the adjustment of status on Feb. We submitted pictures, affidavits from family, tax return, etc.

We got an RFE 797e back for more info.

I wanted to have your opinions on this; I have my wife's W2 pointing to a different address than where we live (her's w2 (2008/2009/2010) point to her mom's place). But we filed jointly on all tax returns. All the tax returns point to our current address where we both live. My question is whether or not the latter discrepancy in address of my wife's w2 and our tax returns a potential problem for immigration. I heard that many people tend to file their w2 to a different places, other than where the live, and that this is more or less common, but just wanted to have some of your opinions on this.

thankss

I am confusedas to your question. You have GC but you say you gor RFE? for what and when

[deus360 9]

I am confusedas to your question. You have GC but you say you gor RFE? for what and when

yeah, I got my 2 years greencard, but got the REF 797e after I filed the I-751 to remove the conditions on my card. they want to see my wifes w-2 and other attachments on my taxes, but my problem is that my wife did not change her address on the w-2, to her new address, this for years 2009 and 2010, but my taxes are all filed jointly and are all pointing to my current address. the problem is that all her w-2 still point to her old address, her moms place. I am afraid that immigration think that we don't live together just become of that. I know that a lot of people have there w2 pointing to a different place that where they actually live but just wanted to have some of your opinions on this possible problem. should I try to correct this address mismatch

I am confusedas to your question. You have GC but you say you gor RFE? for what and when

yeah, I got my 2 years greencard, but got the REF 797e after I filed the I-751 to remove the conditions on my card. they want to see my wifes w-2 and other attachments on my taxes, but my problem is that my wife did not change her address on the w-2, to her new address, this for years 2009 and 2010, but my taxes are all filed jointly and are all pointing to my current address. the problem is that all her w-2 still point to her old address, her moms place. I am afraid that immigration think that we don't live together just become of that. I know that a lot of people have there w2 pointing to a different place that where they actually live but just wanted to have some of your opinions on this possible problem. should I try to correct this address mismatch

[Barbara J 115]

yeah, I got my 2 years greencard, but got the REF 797e after I filed the I-751 to remove the conditions on my card. they want to see my wifes w-2 and other attachments on my taxes, but my problem is that my wife did not change her address on the w-2, to her new address, this for years 2009 and 2010, but my taxes are all filed jointly and are all pointing to my current address. the problem is that all her w-2 still point to her old address, her moms place. I am afraid that immigration think that we don't live together just become of that. I know that a lot of people have there w2 pointing to a different place that where they actually live but just wanted to have some of your opinions on this possible problem. should I try to correct this address mismatch

yeah, I got my 2 years greencard, but got the REF 797e after I filed the I-751 to remove the conditions on my card. they want to see my wifes w-2 and other attachments on my taxes, but my problem is that my wife did not change her address on the w-2, to her new address, this for years 2009 and 2010, but my taxes are all filed jointly and are all pointing to my current address. the problem is that all her w-2 still point to her old address, her moms place. I am afraid that immigration think that we don't live together just become of that. I know that a lot of people have there w2 pointing to a different place that where they actually live but just wanted to have some of your opinions on this possible problem. should I try to correct this address mismatch

Oh ok got you did you let USCIS know you changed your address and that you moved? You should have filled in a AR11 and a I-865 from your sponsor. Just write them a note explaining the different addresses as they know people move form one tax return to the next . Should be fine.

[deus360 9]

Oh ok got you did you let USCIS know you changed your address and that you moved? You should have filled in a AR11 and a I-865 from your sponsor. Just write them a note explaining the different addresses as they know people move form one tax return to the next . Should be fine.

Well I didn’t move really, we were always living in the same address, and the USCIS has the current address. The problem is that some of my wife’s documents still point to her moms place. For example, her W-2 still point to her moms place, she didn’t change this, and her mom always got her papers etc. but most of our papers do get to our current address. I was worry because the USCIS is asking me for her w-2, and I just don’t know if this discrepancy in the address of my wife’s w2 and our tax returns was potential problem for USCIS

Edited April 21, 2011 by deus360

[Barbara J 115]

Well I didn’t move really, we were always living in the same address, and the USCIS has the current address. The problem is that some of my wife’s documents still point to her moms place. For example, her W-2 still point to her moms place, she didn’t change this, and her mom always got her papers etc. but most of our papers do get to our current address. I was worry because the USCIS is asking me for her w-2, and I just don’t know if this discrepancy in the address of my wife’s w2 and our tax returns was potential problem for USCIS

No I am sure not but she needs to change her address with her tax now. Just explain that when you send it in should be fine .

[Otto 83]

** Not a K-1 topic - moving therad to Removing Conditions on Residency General Discussion.

[Gary and Alla 3,694]

Well I didn’t move really, we were always living in the same address, and the USCIS has the current address. The problem is that some of my wife’s documents still point to her moms place. For example, her W-2 still point to her moms place, she didn’t change this, and her mom always got her papers etc. but most of our papers do get to our current address. I was worry because the USCIS is asking me for her w-2, and I just don’t know if this discrepancy in the address of my wife’s w2 and our tax returns was potential problem for USCIS

It is not normal for people to have their w-2s sent to a different address.

You and your wife are in a process requiring attention to detail, you cannot go around willy-nilly and "forget" to change addresses and such. Until you are a citizen you need to think about such things.

What are they asking for specifically? As for your wifes address she is going to need to provide some other evidence (besides a tax return you make up yourself) to show you have the same address. Copy of drivers lisence, insurance papers, vehicle titles, etc. Official documents showing that you live together.

In this process when your fiancee/spouse arrives, you MUST start keeping these records from that day until they become a citizen. You have to make SURE the addresses are correct, correct them immediately if they are not and ask the documents to be re-sent to the correct address with BOTH names.

[deus360 9]

It is not normal for people to have their w-2s sent to a different address.

You and your wife are in a process requiring attention to detail, you cannot go around willy-nilly and "forget" to change addresses and such. Until you are a citizen you need to think about such things.

What are they asking for specifically? As for your wife's address she is going to need to provide some other evidence (besides a tax return you make up yourself) to show you have the same address. Copy of drivers lisence, insurance papers, vehicle titles, etc. Official documents showing that you live together.

In this process when your fiancee/spouse arrives, you MUST start keeping these records from that day until they become a citizen. You have to make SURE the addresses are correct, correct them immediately if they are not and ask the documents to be re-sent to the correct address with BOTH names.

..............................

Thanks for your opinion, I think your opinion is the most real one until now, but I think that people do leave there w-2 sometimes unchanged in real live, but I do agree with you that this will not be seen as something normal by the USCIS. These guys look for this type of mismatch on purpose, even though they could be normal in real live.

Just to let you know, we initially submitted joint gas bills, a joint bank account with a summary sheet that showed that the bank account was open back at 2009 and that it was it joint; I also submitted pictures and joint taxes returns for 2 years, also a discount dental card plan.

Now after the 797e, I am thinking in submitting 3 year’s tax returns ( plus 2010 taxes ) resending everything again plus also the update statements for the bank accounts etc. This time I am also sending a joint e-trade broker (with stock option) account that we have joint. I can’t submit a lease for the house though, because we live with my sister, she is leasing the place, not me. We help with the gas and that’s why we have the joint gas bill. I submitted a gas bill that went back to march of 2010, but couldn’t find older bills than that. I also submitted the original bills when I initially sent the documents, so I can’t resubmit some of the older gas bills that I already send, that’s making worry, but I think they already have them. Well that’s all I am playing to send. What’s your opinion about all that I am sending? Do you think it would be enough?

Also, we could send a Certificate Of Title for a car that we bought on march, but the problem is that we just sent the Certificate Of Title to the DMV and i am not sure this will get here before we have to resend the 797e. I am also not sure if this would be a good idea, because we just bought the car and I am not sure if they USCIS could think the issue date is too close to the date they sent the 797e and could think I just did for that.

Edited April 27, 2011 by deus360

[Gary and Alla 3,694]

..............................

Thanks for your opinion, I think your opinion is the most real one until now, but I think that people do leave there w-2 sometimes unchanged in real live, but I do agree with you that this will not be seen as something normal by the USCIS. These guys look for this type of mismatch on purpose, even though they could be normal in real live.

Just to let you know, we initially submitted joint gas bills, a joint bank account with a summary sheet that showed that the bank account was open back at 2009 and that it was it joint; I also submitted pictures and joint taxes returns for 2 years, also a discount dental card plan.

Now after the 797e, I am thinking in submitting 3 year’s tax returns ( plus 2010 taxes ) resending everything again plus also the update statements for the bank accounts etc. This time I am also sending a joint e-trade broker (with stock option) account that we have joint. I can’t submit a lease for the house though, because we live with my sister, she is leasing the place, not me. We help with the gas and that’s why we have the joint gas bill. I submitted a gas bill that went back to march of 2010, but couldn’t find older bills than that. I also submitted the original bills when I initially sent the documents, so I can’t resubmit some of the older gas bills that I already send, that’s making worry, but I think they already have them. Well that’s all I am playing to send. What’s your opinion about all that I am sending? Do you think it would be enough?

Also, we could send a Certificate Of Title for a car that we bought on march, but the problem is that we just sent the Certificate Of Title to the DMV and i am not sure this will get here before we have to resend the 797e. I am also not sure if this would be a good idea, because we just bought the car and I am not sure if they USCIS could think the issue date is too close to the date they sent the 797e and could think I just did for that.

It is true that some people do not keep their addresses current on all their documents. US citizens can do stupid things and nothing bad happens. You can't. You have to PROVE you are married and living together and you need to make it a priority in life to make SURE everything you do says so.

YES send the investment information (why would someone NOT send that to begin with, that is what they want, not utility bills) Get an affidavit from the person you live with. YES send the copy of the car title or the receipt for the purchase. You are proving you are married and living together, it does not matter the date of things you do together. DO NOT respond to the RFE late, though. If you do not have the title back, then send sales receipts or the title registration form or the car insurance documents.

My response was partly to you and partly to others in this process. ALL need to be keeping an RoC file. Anytime you sign anything important together, get a copy of it. If you do not have a copy machine at home...get one. When I have signed documents for Pasha at school, I always ask if I may have a copy. Same with doctor appointments, etc. It all went in the RoC file.

Even better than copies of utility bills, would be copies of CHECKS for payment of utility bills signed alternately by both people from a joint account. A joint account in itself means nothing if no money is going in there and no money is coming out and/or if only one person is using it.

[Nich-Nick 3,354]

It would help if you posted exactly what the request from USC is asking for in their words.

Reading your first post makes me think you sent joint tax returns, but did not send W2s because the address is not your shared address. Since removing conditions is not about proving the ability to support someone, a W2 doesn't need to be sent. The tax return is to show joint filing. A tax TRANSCRIPT would show that and be better than a copy of your returns because it comes from the government and is better proof that you did file jointly.

If you call 1-800-908-9946 (the transcript line) , there is an automated system for ordering transcripts. You'll have to enter your Social Security number and the numbers of your street address. It will generate an automated request to mail your transcripts. Then you will have better proof without a W2.

[sarah&rob 1]

Adding to what Gary said about "Get an affidavit from the person you live with"...

My husband and I live with my mom in her house - we have no utility bills or any lease or rental agreement. We had my mom write/sign an affidavit stating we live with her as a couple and have done so since Rob entered the country on his K-1 visa and that we pay X amount of rent to her each month. We then attached print outs from our joint checking acct online showing the deposited checks we wrote her, some signed by me, some by him to show we both used the account and were both responsible for paying rent.

So far, no RFE - though we filed at VSC and I'm not holding my breath

[deus360 9]

It would help if you posted exactly what the request from USC is asking for in their words.

Reading your first post makes me think you sent joint tax returns, but did not send W2s because the address is not your shared address. Since removing conditions is not about proving the ability to support someone, a W2 doesn't need to be sent. The tax return is to show joint filing. A tax TRANSCRIPT would show that and be better than a copy of your returns because it comes from the government and is better proof that you did file jointly.

If you call 1-800-908-9946 (the transcript line) , there is an automated system for ordering transcripts. You'll have to enter your Social Security number and the numbers of your street address. It will generate an automated request to mail your transcripts. Then you will have better proof without a W2.

Yes you are I right, I didn't send my w-2 the first time around, but to tell you the truth, I didn't notices the difference in address until after the 797e. Because in the 797e they ask me explicitly for the w-2, so after that I notice, apparently they want to have all the attachments in my tax returns as well. Also, thanks for the tax TRANSCRIPT info. I was actually thinking in sending that as well, but forgot to put it in the above post.

Below is what they ask in the 797e notice that we got. If you compare the 797e petition and what they ask in the initial instruction for the I-751, you can tell that they are both more or less the same, but the deference is that; they also want to see all attachments including the w-2( I have underline what I think is deference between 797e and the I-751) . The problem was that in the I-751 form I didn’t include the attachments. I only included the tax returns. I didn’t do this initial because I didn’t know that the attachments where part of the return and only added what I thought they wanted. Well, I think that’s what probably prompted my 797e, but really who knows.

Also, just letting you know this to have your opinion on the matter. My wife has a little son that was not born to our marriage; he lives with his grandmother and is not currently living with us. We reported him on our initial I-485 form and interview. The problem with this, is that, on the new tax returns that we are about to send, the taxes for 2010(the other taxes 2008 and 2009 don’t have this) in the attachment form for child expenses, it shows the address of the daycare center that her grandmother, and sometime my wife sent him to. The problem is that the daycare center is located where her grandmother lives and this is like a 45 minute drive from where we currently live. From my point of view, that should be a problem, if the person that sees the numbers new the background story for this. But having said that, I am just not sure if this would look normal; if for example, someone would look fast throughout our paper work and see a relative far address for the daycare center, or I am just over-thinking this too much? what would be you opinion on this.

797e notice that we got:

---------------------------------------------------------------------------------------------------------------------

Birth certificate: submit a legible copy of the civility registered birth certificate for any child(ren) born to the conditional permanent resident and the U.S. citizen spouse.

Financial Records: submit evidence of joint ownership of asset and joint responsibility for liabilities. This documentation should reflect the names of both the conditional permanent resident and the U.S. citizen spouse. Such evidence may include but is not limited to the following:

.Copies of bank statements that reflect joint saving and/or checking accounts.

.Copies of your State and Federal tax returns. Also include all required schedules, statements and any attachments such as w-2 records.

.Copies of mortgage agreement or deeds showing joint ownership of assets or property or joint tenancy o a common residence.

.Documentation showing commingling of financial resources such as bank statements that reflect joint savings accounts and/or checking accounts.

.copies of insurance policies such as life insurance, medical insurance, vehicle insurance, etc

.Copies of credit card statements.

.Copies of loan documents such as car loans, home improvement loans, business loans, etc.

.Any other documentation which shows that the marriage was not entered into in order to circumvent U.S. immigration laws.

Residence: Submit evidence of communal residence. This documentation should reflect the names of both the conditional resident and their U.S. citizen. Such evidence may include but is not limited to the following:

.Copies of mortgage agreements, deeds, or rental leases/ agreements showing joint tenancy at a common residence signed by the conditional resident, the U.S. spouse and the owner(s) of the property ( or the property manager )

.Copies of utility bills such as telephone, gas, electric water, internet, etc, or other statements issued in both names indicating the residential address.

.If applicable, submit copies of military basis allowance for quarters

.Any other documentation which shows that the marriage was not entered into in other to circumvent the law.

Edited April 27, 2011 by deus360

[deus360 9]

It is true that some people do not keep their addresses current on all their documents. US citizens can do stupid things and nothing bad happens. You can't. You have to PROVE you are married and living together and you need to make it a priority in life to make SURE everything you do says so.

YES send the investment information (why would someone NOT send that to begin with, that is what they want, not utility bills) Get an affidavit from the person you live with. YES send the copy of the car title or the receipt for the purchase. You are proving you are married and living together, it does not matter the date of things you do together. DO NOT respond to the RFE late, though. If you do not have the title back, then send sales receipts or the title registration form or the car insurance documents.

My response was partly to you and partly to others in this process. ALL need to be keeping an RoC file. Anytime you sign anything important together, get a copy of it. If you do not have a copy machine at home...get one. When I have signed documents for Pasha at school, I always ask if I may have a copy. Same with doctor appointments, etc. It all went in the RoC file.

Even better than copies of utility bills, would be copies of CHECKS for payment of utility bills signed alternately by both people from a joint account. A joint account in itself means nothing if no money is going in there and no money is coming out and/or if only one person is using it.

Thanks so much for your opinion

I was thinking in maybe sending VODs (verification of deposit) form our e-trade account. This shows when the account was open (this was in 2009, i think), it also shows its joint owners assets etc. It’s like ratification of e-trade that we have an account with them. It is normally is used for home loans and staff like. Just didn’t know which one would look better for them, the VOD, or would I be fine simply sending them statements, or has a verification of deposit more credibility. The problem with a VOD is that I have to order a VOD to e-trade, and it can take some time to get me.

I have asked the same question to Nich-Nick, on a above post, but I would like to have your opinion as well.

My wife has a little son that was not born to our marriage; he lives with his grandmother and is not currently living with us. We reported him on our initial I-485 form and interview. The problem with this, is that, on the new tax returns that we are about to send, the taxes for 2010(the other taxes 2008 and 2009 don’t have this) in the attachment form for child expenses, it shows the address of the daycare center that her grandmother, and sometime my wife sent him to. The problem is that the daycare center is located where her grandmother lives and this is like a 45 minute drive from where we currently live. From my point of view, that shouldn't be a problem, if the person that sees the numbers new the background story for this. But having said that, I am just not sure if this would look normal; if for example, someone would look fast throughout our paper work and see a relative far address for the daycare center, or I am just over-thinking this too much? what would be your opinion on this.

Edited April 27, 2011 by deus360

[deus360 9]

Adding to what Gary said about "Get an affidavit from the person you live with"...

My husband and I live with my mom in her house - we have no utility bills or any lease or rental agreement. We had my mom write/sign an affidavit stating we live with her as a couple and have done so since Rob entered the country on his K-1 visa and that we pay X amount of rent to her each month. We then attached print outs from our joint checking acct online showing the deposited checks we wrote her, some signed by me, some by him to show we both used the account and were both responsible for paying rent.

So far, no RFE - though we filed at VSC and I'm not holding my breath

Thank you for the info, I think I will do that. But just to let you know, you normally get a response for your application, like 30 days after your biometrics appoint. At least that was my case. So if my calculations are right you should get your response by May 08, or very close to that date. Please let me know how it went with you application, this especially after you sent the affidavit from your husband mom.