Please Review my RFE

[Sponge 0]

Also, not for nothing, but it'd be helpful to know the exact wording of your RFE. Like I said before - it's just my guess that they want proof of residence as their main theme for RFE.

Is it asking for proof of bona fide marriage?

Attached, please find the 2nd and 3rd page of the RFE I received. The first page was generic and had a lot of personal information. The reason I had to crop the pages was the file size limitation on VisaJourney (1k kb), so I had to squeeze both documents to size. But that's all the text.

Hope this helps you help me!

[Sponge 0]

WOW! I was scanning the docs and didn't see all these replies! THANK YOU SO MUCH EVERYONE! I'm going to have a busy weekend! It won't take long, but I'm paranoid and double check everything - twice. Though only for USCIS, lol.

I do have that stuff you mentioned for the cruise, silvermug. Including that as well!

Edited February 1, 2013 by Sponge

[Martyshk 137]

Thanks, Sponge, this makes it much easier to see exactly what they are looking for.

So:

#1: They are pretty much telling you - "we don't believe you live together, prove it". They want a lease, but you can't provide that. So the next best thing are state IDs and bunch of other stuff to prove your common residence.

#2: Bank statements need to be sent in full. Credit card statements with more transactions, if you have them.

#3: Any financials that you two share.

At this point, you might as well get affidavits too.

Edited February 1, 2013 by Martyshk

[Cathi 5,748]

WOW! I was scanning the docs and didn't see all these replies! THANK YOU SO MUCH EVERYONE! I'm going to have a busy weekend! It won't take long, but I'm paranoid and double check everything - twice. Though only for USCIS, lol.

I do have that stuff you mentioned for the cruise, silvermug. Including that as well!

best of luck. Hopefully with the added evidence you will be OK!!!

[VanessaTony 3,567]

Attached, please find the 2nd and 3rd page of the RFE I received. The first page was generic and had a lot of personal information. The reason I had to crop the pages was the file size limitation on VisaJourney (1k kb), so I had to squeeze both documents to size. But that's all the text.

Hope this helps you help me!

Excellent. Seeing the RFE helps a lot. The best way (I think) to respond to an RFE is to break it down by headings. First though, note the way they've listed the things you've already sent (I edited but basically):

- Bank statements (no transactional history). This was for 3 of your evidences.

- The beneficiary designation is only by her to you, is there one for you to her?

- Travel plans that were cancelled. Anyone can make plans and cancel them to "make up" evidence so this is basically useless

Anyway, by heading your RFE states the following (plus ideas):

Good Faith Marriage (continue to share life together)

Children

Not applicable to you.

Residence

- drivers licenses NOW before you change them, and after you change them

- energy bills in joint names (also good for financial)

- phone bills in joint names (financial too)

- Cards/letters addressed to both of you

Financial

- Print entire statements and send those. You need statements showing activity

- Do you have loans together?

- Do you have any doctor/dentist bills? Have either of you used the insurance? Specifically the immigrant. If so when there's a bill or "Explanation of benefits" it will list you as the insured and her as the patient. My dentist bill for example had my name as patient, but the bill went to Tony.

- Do you have any memberships showing the both of you?

- Do you own pets and have joint names on the vet invoices?

- What they're looking for is joint responsibility so anything you can think of with joint names showing joint responsibility.

Wills & POA's

- If you don't have these, don't worry. I didn't either. Not everyone does yet. My husband thinks it's morbid :S

Affidavits from Third Parties

- This can be from friends, co-workers, family. They do not need to be notarised.

This is what I sent: http://www.visajourney.com/forums/topic/358760-i-751-april-2012-filers/page__view__findpost__p__5264264

Finally, I have been told that if you fail to reply to their satisfaction you won't simply get denied, they will then call you for interview. They might call you for interview regardless, but try not to stress too much about what you send but send anything you can think of and.. sending the same things you already sent is FINE. Many people do that without issue.

[Sponge 0]

This is what I sent: http://www.visajourney.com/forums/topic/358760-i-751-april-2012-filers/page__view__findpost__p__5264264

Finally, I have been told that if you fail to reply to their satisfaction you won't simply get denied, they will then call you for interview. They might call you for interview regardless, but try not to stress too much about what you send but send anything you can think of and.. sending the same things you already sent is FINE. Many people do that without issue.

Thanks Vanessa&Tony! This helps a lot. I really don't like her to worry about money (and the beneficiary stuff is my accounts to her, from work and retirements), so yeah, all the stuff is in my name. She is an authorized user on all my credit cards (and I on hers), and she's the sole beneficiary of EVERYTHING. We're both young, so while we both have medical and dental covered by my company, we really never used it.

[MrsOO 7]

Phone bill, if you have a joint cell phone account. We sent in a few months worth, and highlighted calls made to each others numbers. We figured calling some one, so much, and having extensive conversations, can only be faked for so long.

If we got an RFE, I'd highlight the ones between my hubby and my parents, since they treat him like they treat me, and like to call him and have Looooooong convos.

Edited February 1, 2013 by MrsOO

[david'sgirl 134]

I don't know if this will help you but I am posting a copy of what we sent. We did not include any Affidavits and we only included a page of each checking account. We did send lots of varied evidence along with a cover letter. I probably sent more than needed but better safe than sorry.

United States Department of Homeland Security

U.S. Citizenship and Immigration Services

11/11/2011

Re: I-751 joint petition to remove conditions of status on:

First name Last name : A #012345678

Dear Sir or Madam:

Enclosed please find the JOINT Form I-751, Petition for removal of conditions of permanent resident status for my husband Micky Mouse.

We are enclosing the following:

• Application fee - $590 for application and biometric fees

• Form I-751

• Copy of Permanent Resident card

• 2 photographs

• Copy of State Driver’s License for Mickey

• Copy of State Driver’s License for Minnie

• Copy of State DOT Title for Mickey’s car

• Copy of Auto Insurance for both vehicles for Mickey and Minne

• Copy of payroll direct deposit for Mickey

• Copy of payroll direct deposit for Minnie

• Copy of Mickey’s resume/curriculum vitae

• Copy of joint bank acct at TD bank ending in 12134

• Copy of 2010 income taxes from HR block

• Copy of 2010 tax transcript from IRS

• Copy of Minnie’s Life Insurance naming Mickey as beneficiary

• Copy of our Blue Cross health insurance claim summary showing Mickey is the subscriber and Minnie is the patient

• Copy of Deed to our condominium at 1234 Anywhere St City, State Zip

• Copy of our home owners insurance policy

• Copy of property Management mailing regarding our home at Address

• Copy of our property tax bill from City of blank and address

• Copy of our shared Verizon phone plan. We also have my daughter Daisy on the plan.

• Copy of the Beacon Federal credit card for Mickey

• Copy of the Bank of America credit card bill for Mickey

• Copy of our deed for our vacation home at address

• Copy of Gas and electric bill for our vacation property at address

• Copy of our homeowners insurance on the vacation property at address

• Copy of the mailing from the Title and law office we used to purchase our vacation property at address

• Copy of my father Name’s obituary which lists Minnie and Mickey as daughter and son in law. My father loved Mickey and even wrote one of the affidavits for our original petition just after we wed. I would never have made it through the loss of my father without the support of my husband.

• Copies of some of the sympathy cards we received after my father passed away.

• Copy of father’s day cards from my daughter Daisy to her step dad, Mickey as well as Mother’s day and father’s day cards to each other

• Copies of Anniversary cards to and from each other and from relatives and friends

• Copies of holiday cards addressed to both Minnie and Mickey

• Copies of photographs from various events and trips during the past two years

• Copies of hotel receipt and highland games pass from a vacation in 2010

• Copies of Airline tickets from August 2011 trip to Scotland to visit family. We had to come home early due to my father’s passing.

• Copies of email from Hotel concierge, hotel receipt from a weekend in Boston including a Red Sox game which was Mickey's early birthday present

• Copies of the receipt from the flowers he ordered and the card I got with them after the weekend away

• Copies of the airline tickets from February 2011 trip to Scotland to visit family

• Copies of the airline tickets from July 2010 trip to Scotland to visit family

• Copy of our airline reservations for a vacation that we have planned for Thanksgiving 2011 to visit Daisy in Orlando, FL

We are happily living together and request that this petition be accepted for removal of conditions on the residence of my husband.

Copies of documents submitted are exact photocopies of unaltered documents and I agree to submit original documents to an Immigration or Consular officer at a later date, if required. You are always welcome to visit our home should you ever desire to do so.

Yours truly,

Name

[Navyk 78]

What is USCIS is looking for - a strong proof of the couple living together and of course inter-mixing of finances over the 2 years period in question. Bottom line is one will have to provide sufficient proof of living together and sharing finances.

living together: A joint lease agreemnt covering the 2 years period is a top evidence (a proof of living with parents or evidence of ownership of a house ar possible substitutes). The next top evidence are utility bills/ cell phone bills in joint name. These two are almost always must and other evidences add strength.

Inter-mixing of Finances: A joint Checking and Credit Card accounts is a top evidence (of course with usage). The next one in that order are Federal Tax Returns jointly filed. Joint ownership of Vehicle adds excellent strength (house add strenth in both areas). Of course adding spouse to your medical, 401K, Insurance are expected .... just adds up.

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[Sponge 0]

Okay, so update with a ton of bad news. I THOUGHT we had the same address on our licenses, but we never did: she still had the address of her dorm, and I our first place together. Second, when we went to the DMV, the amount of evidence, although the same for both of us, was sufficient for her but not me (I hate the DMV), so only she was able to update her license. I will try again when the same jerks are not there, but I want to send this out sooner than later.

Navyk, as I said, the lease is only in my name. Can I be candid and say the reason in the cover letter? That, in case something happens to me, I want my wife to have zero financial liability. She is a joint account holder of all bank accounts, authorized user of all credit cards, has joint health insurance, sole beneficiary of my IRA and Investment accounts, and beneficiary on my employer's thing (gets 1 year's salary in the case of my demise, plus other bonuses). In short, you can see I've set up where she gets all my assets, but none of my debt or obligations. Doesn't that show love more than leaving them with bills and contracts? She has family - and my family - that she can move in with and be supported by.

Also, do I need all bank statements from the past two years? Our primary bank only goes back to January 2012. Is that sufficient? Also, while both under our names, the transactions don't show who is using it for what (though there are student loan payments that are clearly hers?)...

Ahhh, I'm at such a loss on what to do. Thanks for everyone's patience!

Edited February 7, 2013 by Sponge

[Navyk 78]

Okay, so update with a ton of bad news. I THOUGHT we had the same address on our licenses, but we never did: she still had the address of her dorm, and I our first place together. Second, when we went to the DMV, the amount of evidence, although the same for both of us, was sufficient for her but not me (I hate the DMV), so only she was able to update her license. I will try again when the same jerks are not there, but I want to send this out sooner than later.

Navyk, as I said, the lease is only in my name. Can I be candid and say the reason in the cover letter? That, in case something happens to me, I want my wife to have zero financial liability. She is a joint account holder of all bank accounts, authorized user of all credit cards, has joint health insurance, sole beneficiary of my IRA and Investment accounts, and beneficiary on my employer's thing (gets 1 year's salary in the case of my demise, plus other bonuses). In short, you can see I've set up where she gets all my assets, but none of my debt or obligations. Doesn't that show love more than leaving them with bills and contracts? She has family - and my family - that she can move in with and be supported by.

Also, do I need all bank statements from the past two years? Our primary bank only goes back to January 2012. Is that sufficient? Also, while both under our names, the transactions don't show who is using it for what (though there are student loan payments that are clearly hers?)...

Ahhh, I'm at such a loss on what to do. Thanks for everyone's patience!

Try to get your DL also changed as quickly as possible. This is a very good evidence of living together, it becomes very important, as you don't have a joint lease. The other evidence of living together is joint utility account/s - If you don't have this then your evidence in this area is very weak and you better get your DL somehow.

You have a good logic of keeping your spouse out of any possible liabilities but get the assets in case of.... sorry but it is not ethical.

Authorized user is not a co-owner, so that evidence looses some punch but still good enough.

USCIS will not be happy with just the latest statement. I read a couple thread where RFEs were received for lack of such 2 year statements. I am not sure but I am thinking of sending a statement each for each half-year (total 5). Statements from Jan 2012 (in your case) should be fine. After all USCIS knows that we all may not be able to get everything into joint overnight. Finally it doesn't matter who made which transaction in a chcking account, as long as there are transactions in the account to show that the account has been actively been used.

[Martyshk 137]

Not for nothing, but on most leases (read yours carefully) you cannot have anyone living with you permanently without them being on the lease.

On my lease it's stated in big bold letters, so, of course, my wife is on the lease.

[Martyshk 137]

In short, you can see I've set up where she gets all my assets, but none of my debt or obligations. Doesn't that show love more than leaving them with bills and contracts? She has family - and my family - that she can move in with and be supported by.

That just shows that you don't realize that being married pretty much negates that way of thinking. In most states spouses are responsible for the debt even though their name is nowhere near. Again, it's pretty hard to isolate your spouse from your finances.

As far as the rest - at this point, just write everything out in the cover letter (as in, why you don't have anything for the bank before January 2012, etc).

And get that DL changed!

Best of luck

[Harpa Timsah 13,258]

If you really care about your wife (and I am sure you do) you will have her added to the lease for her own protection. That way if you two were to break up, she has proof that she paid rent in a timely manner and will be able to get her own place. Likewise with a credit score. Authorized user often does not report to credit agencies, so you are just damaging her ability to establish herself in case something happens.

I personally don't think the DL thing matters much.

The worst case scenario is that you will get called for an interview and then you can show that you really live together and know eachother, so that'll be that.

[Martyshk 137]

If you really care about your wife (and I am sure you do) you will have her added to the lease for her own protection. That way if you two were to break up, she has proof that she paid rent in a timely manner and will be able to get her own place. Likewise with a credit score. Authorized user often does not report to credit agencies, so you are just damaging her ability to establish herself in case something happens.

That's quite accurate about authorized users, but it also gets them on the radar. Once I added my wife, she started getting offers on her own. After a while, I started converting her "authorized user" status to co-owner. And one by one she now has 4 credit cards as co-owner. After 2 years she finally has credit rating (it's limited, but it's something). Next step - put a new car in both our names, will get installment loan on her credit report.

To Sponge:

Again, I have to stress this, with the lease, you really want to have your spouse listed, it's just good common sense. You are not protecting her from anything, you are making it worse because she literally does not live anywhere as far as anyone is concerned.