RFE Received - Need Proof of Residence

[Tricia599 2]

I am in need of some advice. I posted this in the May 2011 Filers thread, but I would appreciate any advice from everybody, since I assume not everyone reads the May 2011 thread...

So bad news...we got an RFE requesting proof of a good faith marriage and residence from 2008-2011 (we came to the US in July of 2009). The problem is, and I explained this on our cover letter, since we moved to the US in July 2009 we've been living with my parents (we actually just bought our own house - we're closing next week). So we have no joint mortgage, utility bills, etc. Previous to that, we lived in his house in Brazil, which was in his name only since I could not own property not being a permanent resident (I had conditional status since our marriage in May 2008. By the time we left, the process had not been completed).

As a side question, is it usual for the USCIS to ask for the evidence of residence from the period before the initial approval? We went DCF and that initial CR-1 approval was based on our marriage, so I would think that we already proved that part at the Consulate in Brasil.

I can have my mom write a letter stating that we were living with her, but per the RFE letter, affidavits are not acceptable proof. So I am feeling pretty stuck. I can see if I saved any letters addressed to both of us, but as I was focusing on the financial side (tax returns, co-mingled funds, etc), I'm not sure what I have. Below is what we sent in the first place - it's a cut and paste from our cover letter. Thanks in advance for any advice!!!

What we sent:

*Copies of Permanent Resident Card

*Copy of US Federal Tax Return Transcript for the following Tax Periods:

2008 – “Married filing Separately” as my husband was not a US resident at the time I filed;

2009 – “Married filing Jointly”

2010 – “Married filing Jointly”

*Copy of our Driver’s Licenses showing the same address;

*Copies of our joint checking account statements (at quarterly intervals) that was opened in September 2009;

*Copies of our joint savings account statements (at quarterly intervals) that was opened in March 2010;

*Copies of our joint savings account statements (at quarterly intervals) that was opened in June 2010;

*Copy of the original beneficiary form showing MY HUSBAND as the beneficiary to my supplemental life insurance offered by my employer;

*Copies of my employer’s Human Resources Management System showing MY HUSBAND as my dependent and beneficiary for insurance plans offered by my employer (annual, also most recent year’s election summary);

*Copies of installment loan, memorandum of title, registration, and insurance for jointly owned vehicle purchased in April 2011;

*Copies of our joint credit cards;

*Copies of our cell phone statements (at quarterly intervals) that show phones on the same family plan;

Please note, the plan is registered under my mother’s name. Individual names of the phone owners do not appear on the bill until the August 2010 statement;

*Copies of our boarding passes for a trip to Brazil in November 2010;

Please note, we have not changed our names in our passports to reflect our married names. As a result, the boarding passes are issued in our previous names.

*Photos from trips taken together.

[NinjaLadyBug 23]

Can you send the mortgage paper work your have already filed together as well as the statement from you mother about your living situation. Also maybe some bills that come to your house addressed to each or both of you? Some people even use junk mail....

[Drogs 24]

Send it all again including what NinjaLadyBug suggested, sounds to me as if they have lost some or all of your package, not uncommon, maybe also include some pictures and a couple of Affidavits, it increases your evidence a little.

[sib 7]

I would also send in the papers stating that you are closing on a house next week!

I think you have a lot of evidence, maybe they lost some.

Also explain in your cover letter the situation again! If you still have some proof from Brazil add that one. If they are especially asking about residence, then make a list when you lived where and explain why it was not owned together, but show proof that you were living there together (copy driver license, mail to both of you, etc.)

You should be fine after sending that back.

Sib

[tdegrenier 1]

I agree with all above. Include anything you can. Send a copy of everything you originally sent, plus photos, address lists, letters from church minister/priest, neighbors any envelopes from the past. I know they said "affidavits are not acceptable proof", but they can add to the proof you already provided!

Good Luck

[Tricia599 2]

Thanks for all of the advice. Since we're already packing, I am going through everything to see what we can come up with. We'll include the affadvits anyway.

Thanks again!!! We'll keep our fingers crossed!