RFE - any suggestions?

[Ed+Cindy 1]

I submitted my I-751 at the end of June 2011. I received my biometrics appointment letter dated 08/12/2011 in mid-August, and had to setup an info pass to get a I-551 stamp in my passport because they forgot to send me a NOA for a 1-yr extension. I had my biometics test on 09/09/2011 with ease.

Two weeks ago, I received a I-797E, Notice of Action as a RFE for my I-751. They attached a template list of items without speficifying the missing ones, so my husband and I are guessing it's probably the evidence for "joint residency". I just read some of the discussions on this forum, and realized that apparently they pick on couples who don't have kids and/or jointly-owned properties after 2 years of marriage! So, we're one of them and we've been renting the same apartment ever since I arrived.

We've already asked our leasing agency to add my name to the lease, so do we still need to explain why we didn't submit it originally?

There's a bolded line on the RFE that says:

Pursuant to 8 C.F.R. 103.2(b)(11) failure to submit ALL evidence requested at one time may result in the denial of your application.

Since the RFE doesn't specify any particular evidence, and they've enclosed a letter-sized envelope, we're wondering whether we should resend copies of all of the documents that we originally submitted?

My gut feeling tells me that a complete pack of info would help the examiner's assessment, so hopefully it'll be approved faster.

However, this means we'll have to use our own bigger envelope. Is it ok to do so?

It's been a long and frustrating process for me, so any advice will be greatly appreciated!!! Thank you all

Cindy & Ed

[scotty2009 13]

It probably won't hurt to re-submit the papers that you already submitted.

What I would do is clip all NEW paperwork separate from the previously

submitted ones and label them to avoid confusion.

[Barca 10]

sorry to hear that..but for us to try to help can you post a list of submitted documents!

[Ed+Cindy 1]

Ed (USC Husband) here this time. Above was my wife.

To answer your question about what items we submitted: Basic answer, we submitted everything we had except our home lease. This list included the following :

Joint loan paperwork for our new car

insurance for car in both names

both our 401k accounts with beneficiaries as each other

checking and visa account statement, joint accounts

2 affidavits from friends whole live locally and hang out with us a lot

2010 tax return (married filling jointly)

copy of airplane tickets for one trip and copy of hotel bookings for another trip

gym membership

a few pictures

I think there were a few additional items, but I don't remember them off hand.

My wife never added her name our lease. I moved in to our flat while she was still overseas. We both know our landlord well and never added Cindy since it was just a formality. We reckon that's one of the main items that USCIS is bitching about us. So we got a new lease document recently and a separate letter from the landlord to send with the RFE. However, USCIS has picked on my wife at every single step (I'm not exaggerating) and if there is something they can do to make things harder, they have at each of the 2-3 immigration steps before this one.

[Barca 10]

oh that stinks Ed, sorry to hear that bud! hopefully the new lease and the letter from your landlord would be good enough for them! best of luck.

[Ed+Cindy 1]

Thanks for chiming in on your thoughts

And of course we mailed in copies of our Identity Documents.

We also sent in a few cards/invites that our family and friends addressed to both of us, but we doubt these would make much difference, because they can be faked easily.

So, we're planning to send them everything we sent originally, including updated car insurance, bank account and credit card statements.

In addition, we want to add:

- Copy of our lease agreement issued in both our names

- A letter from our property leasing agent dated Sep 11 to verify a change or our rental rate

- Copy of our Sep 11 electricity bill issued in both our names

- Ed's new benefits plan with Cindy listed as the primary beneficiary

- More pics of us this summer

- Copies of our joint US tax return and state tax return for 2009

Is there anything else we should add?

Cindy

[rahulv 4]

Thanks for chiming in on your thoughts

And of course we mailed in copies of our Identity Documents.

We also sent in a few cards/invites that our family and friends addressed to both of us, but we doubt these would make much difference, because they can be faked easily.

So, we're planning to send them everything we sent originally, including updated car insurance, bank account and credit card statements.

In addition, we want to add:

- Copy of our lease agreement issued in both our names

- A letter from our property leasing agent dated Sep 11 to verify a change or our rental rate

- Copy of our Sep 11 electricity bill issued in both our names

- Ed's new benefits plan with Cindy listed as the primary beneficiary

- More pics of us this summer

- Copies of our joint US tax return and state tax return for 2009

Is there anything else we should add?

Cindy

Your initial evidence was fine except for the fact you guys did not send your joint residence proof. You should submit everything again and more but make sure you submit the joint residence proof. Also you can send some bills copy in either of your names but on which the address shows your same residence address. Sending 2009/2010 tax returns is also a good idea as you had not sent for 2009 earlier.

Good luck.

[DrVS 10]

How come you did not send copies of your Driver Licenses showing the same address? Pictures, air tickets, gym membership and affidavits carry very little weight in the eyes of the USCIS. Government issued documents mean much more to them.

[DrVS 10]

One more thing: when you are sending your tax return, you have to send either official IRS transcripts or ENTIRE tax return, including all the schedules, W2s and 1099s, not just the 1040. All the W2s and 1099s must have the same address on them for both spouses.

[faloak 2]

There's a bolded line on the RFE that says:

Pursuant to 8 C.F.R. 103.2(b)(11) failure to submit ALL evidence requested at one time may result in the denial of your application.

Since the RFE doesn't specify any particular evidence, and they've enclosed a letter-sized envelope, we're wondering whether we should resend copies of all of the documents that we originally submitted?

Did not know that an RFE would not have specified what more evidence they were requested to submit. That would be a little tricky as to what else to send to USCIS. But yes from the list you have here, the Tax return Transcript should be of year 2009&2010.

You can also include copy of DLs and any government issued docs which weight more than any membership card of a gym or store.

Good luck!

[rachbel 2]

I submitted my I-751 at the end of June 2011. I received my biometrics appointment letter dated 08/12/2011 in mid-August, and had to setup an info pass to get a I-551 stamp in my passport because they forgot to send me a NOA for a 1-yr extension. I had my biometics test on 09/09/2011 with ease.

Two weeks ago, I received a I-797E, Notice of Action as a RFE for my I-751. They attached a template list of items without speficifying the missing ones, so my husband and I are guessing it's probably the evidence for "joint residency". I just read some of the discussions on this forum, and realized that apparently they pick on couples who don't have kids and/or jointly-owned properties after 2 years of marriage! So, we're one of them and we've been renting the same apartment ever since I arrived.

We've already asked our leasing agency to add my name to the lease, so do we still need to explain why we didn't submit it originally?

There's a bolded line on the RFE that says:

Pursuant to 8 C.F.R. 103.2(b)(11) failure to submit ALL evidence requested at one time may result in the denial of your application.

Since the RFE doesn't specify any particular evidence, and they've enclosed a letter-sized envelope, we're wondering whether we should resend copies of all of the documents that we originally submitted?

My gut feeling tells me that a complete pack of info would help the examiner's assessment, so hopefully it'll be approved faster.

However, this means we'll have to use our own bigger envelope. Is it ok to do so?

It's been a long and frustrating process for me, so any advice will be greatly appreciated!!! Thank you all

Cindy & Ed

I was in the same situation as yours,(no kids , no lease, got RFE and was called for interview) and for sure you got the RFE because of the lease or rent agreement. You can always add your name to the lease, but it has no sense because the date should cover the 2 years of mariage. what i did is the folowwing, : i sent them some mails that i and my wife received from family, friends and gouvernment administrations and we asked the owner of the property (my wife cousin) to write a letter explaining why we dont have the lease ( simply because we are a family members). The worst case that can happen is that they may call you for an interview and you wont have any problem. Best of luck, and i`ll post our interview experience soon.

[Ed+Cindy 1]

Yes we will mail in copies of our driver's license this time.

Thanks for your suggestion for tax return documents too!

[Ed+Cindy 1]

Our leasing agent is kind enough to let me back date my signature to a day that was a few days after I arrived in the US, and that date is before our marriage.

Oh I feel for you for going to an interview. When is it? Good luck!!!! Please keep me posted on the type of questions they ask and your responses.

If the American society is more liberal, then they'll just accept what we do as being normal The issue is most Americans get married, buy a house and produce babies within 2 years!!!

Edited October 12, 2011 by Ed+Cindy