ROC

[RichiJenny 14]

Hi guys, its been a while since Ive used VJ but its beginning to get close to that time when I need to file for RoC.

Thus far, we dont have a lot of ideal evidence. We live with the in laws, and so all bills are in their name. We dont have credit cards - sadly my wife has poor credit due to being a student some moons ago. She is also registered disabled, so doesnt have to file taxes. Medical Insurance - she has her own as she is disabled and has her own medical care as she requires a lot of medical care/attention/ medco/medicaid.

The evidence I can collate up to the present is;

Several JOINT bank accounts,

Drivers license

NO utility bills, we dont own a car as yet either.

However I have plenty of anniversary/birthday/holiday cards addressed to each of us and each other.

I also have plenty of photographs with my wife and I on. Some of us with other members of her family too.

SO, in comparision to others, our evidence is minimal. Is this a case for denial? What would happen, say if an RFE was issued for example a utility bill? The only utlity bill we have is a cell phone, and my wife is the account holder, although I am registered on the account, online.

IF an RFE is issued and no other bills are available? At present I am a voluntary carer for my 93 year old grandmother in law. SO that sadly takes up a lot of the 'working' day. My wife assists when she can.

Obviously I am more than able to get affidavits from various family members, friends to attest that our marriage is genuine.

I am a little nervous that our evidence is on the lighter side. Are cases approved with minimal evidence? What happens if there is a denial?

Any thoughts/advice - hugely appreciated.

[Inky 1,111]

You have listed no proof of living together for the last 2 years. You will likely get an RFE for that because showing you rent/own a property together is a big thing.

You also don't list joint tax returns for the past 2 years - also another very big thing.

They will not issue an RFE for utility bills. The utility bills are fairly useless. They want joint tax returns / joint rental / mortgage, joint bank account / credit cards. Joint health insurance / life insurance.

Edited June 20, 2012 by Inky

[RichiJenny 14]

We have several joint bank accounts.

My wife doesnt file taxes as she doesnt make enough, and I had to file a 1040EZ,with a nil balance for the first year.

As stated, due to my wife's disability, we live with my in-laws.

We opened a joint back account right away, as soon as I entered the country. It is the same bank account we primarily use to this day. Other bank accounts are also registered in both of our names at our address.

[Harpa Timsah 13,258]

If your wife makes zero, and you make zero, you might qualify for an Earned Income Credit. I would at least fill out the taxes and see what you get back.

[RichiJenny 14]

Upon further investigation Ive found

a hospital bill in my name

a physicians bill in my name

a social security letter in my wife's name

a medical summary notice in my wife's name

telephone bill in my wife's name

Several joint bank account statements

Drivers license

tax return filed in my name for our joint address (wife not applicable as she doesnt file)

photographs of us together

various greeting/holiday cards

our application will also include affidavits.

I think that will be about the strength of our application

Edited June 20, 2012 by RichiJenny

[Sarah B 26]

have your in laws draw up a "rental agreement" that shows how long you have been "renting" from them, or, have them write an affidavit attesting to the length of the current living arrangement

[RichiJenny 14]

Yes, thanks - I was intending to use the inlaws as an affidavit, and also include the status of our living arrangement in that.

[Christi and Ian 24]

We didn't have a whole lot of evidence either...hubby works from home and we file taxes as married filing separately because i get such a huge return.We don't have joint bank accounts and I owned the house long before we ever got married. We have both gained weight and detest having our pictures taken, and my daughter requested that I keep the same last name as her until she becomes an adult.

I sent in insurance info, and we each have bills in our names to this address, plus our drivers licenses and affidavits.

I look at it this way; it's their job to prove we are not married. At worst, we'll have to go to an interview or before the judge...just a bit of inconvenience really...they can't prove we're not bonafide because we are.

[RichiJenny 14]

Thank you so much for adding this info - its given me some light relief, I was begninning to panic a little and worry Id be deported or something. The past few hours have been a bit stressful, so you adding this has helped calm the old nerves!

[TBoneTX 46,208]

I look at it this way; it's their job to prove we are not married.

It's quite the opposite, all the way through this process.

[RichiJenny 14]

Ive actually been able to file the taxes 'married filing jointly', although its zero. Im a little more at ease knowing I will have 2 tax returns, joint bank accounts, driving licenses, bills (same address - although seperate dr's for my wife and I)and a cell phone bill in our joint name. Also intend to include photos, cards and notarised affidavits, as I stated earlier.

Im hoping thats all that will be required. I cant think of anything else that will be possible to have, thats about it. If I get an RFE, for example, and cannot provide insurance docs, or credit card bills for example, do I just document the reasoning for not having them - and then we would be assigned an interview? Is that pretty much the procedure?

Thanks again for all input provided.

[Christi and Ian 24]

It's quite the opposite, all the way through this process.

From the step by step guide on removing conditions on this website:

"On the "don't panic" front -- ultimately the burden of proof is on the CIS to show a fraudulent marriage. Even if CIS denies, the application can be renewed in front of an Immigration Judge (IJ) in Removal Proceedings -- and the IJ's tend to APPROVE those cases."

The judge isn't throwing anyone out of the country without hard proof that the marriage is a fraud...In the US, your covered by the constitution...it's up to USCIS to prove fraud.

There's also the added benefit of being from the UK...a country so similar to the US that people don't tend to try to fraudulantly enter the US from there. I'm guessing that's why the interview process at the consulate was such a piece of cake...my husband was asked 3 questions, "Will you live with your wife?" (Duh), "What are you going to do for work?" (Insert any answer you want here), and "How long has your wife been at her job?" (He answered this question wrong, by a long shot) "Congratulations, you're approved."

Edited June 20, 2012 by Christi and Ian

[DaniG 3]

If you get an RFE for something you don't have, you could always send a letter of explanation why you don't have it and/or affidavit from the in-laws explaining that you live with them and they pay utilities. By the way, for credit cards, are you sure you really have none - not even store ones from places like JCPenney, Costco, Kohls, etc.? I guess it's not impossible, albeit rare, but even then you are still showing commingling of finances because you have joint checking accounts. If you don't feel your evidence is strong, you could also get more affidavits from friends and other family members - most people send a couple anyways.

[bigdog 377]

How about Costco, Sam's club etc. seems silly but show a tie. A couple of affidavits should help also. Take some photos with family and friends, if you don't have many.

[Gummibear 5]

From the step by step guide on removing conditions on this website:

"On the "don't panic" front -- ultimately the burden of proof is on the CIS to show a fraudulent marriage. Even if CIS denies, the application can be renewed in front of an Immigration Judge (IJ) in Removal Proceedings -- and the IJ's tend to APPROVE those cases."

The judge isn't throwing anyone out of the country without hard proof that the marriage is a fraud...In the US, your covered by the constitution...it's up to USCIS to prove fraud.

There's also the added benefit of being from the UK...a country so similar to the US that people don't tend to try to fraudulantly enter the US from there. I'm guessing that's why the interview process at the consulate was such a piece of cake...my husband was asked 3 questions, "Will you live with your wife?" (Duh), "What are you going to do for work?" (Insert any answer you want here), and "How long has your wife been at her job?" (He answered this question wrong, by a long shot) "Congratulations, you're approved."

Hi, where did you get the information about Immigration Judge if CIS denies a case? Is it on USCIS website? I don't have joint bank account and file tax separately because we were separated when we filed tax and now we are divorced. All bills are under my name. I am also scared that my documents are not strong. Do affidavits from the immigrants' family work or they have to be from the US Citizen's in laws?