Roc, Evidence and Documentation

[bigdog 376]

Recently I have seen what in my opinion what appears to be a new trend of increasing RFE’s being received during the Removing Conditions on Residency filings. I was the victim of an RFE during by K-1 and it cost me a month, with the time lines up to 8-9 months for ROC, I decided to write this topic. All of us after a minimum of two filings to get to the ROC level, should have a basic understanding of what is needed to apply for anything at USCIS and ROC especially if you have been a member of VJ. Do not think USCIS will review anything you submitted prior to this filing of your I-751. It is a standalone application with your package of evidence and materials.

Review, http://www.visajourney.com/forums/topic/220440-i-751-evidence/ by Gary and Alla. At one of my many info pass meetings (5), I asked about the ROC process, the IO who was very squared away, stated to be complete, do not leave anything out and obtain at least 3/4 affidavits from your friends, insurance agent (professional person) etc. Check for other postings with good and bad results in the ROC along with WIKI, this should give you an idea what to avoid or include, don’t forget “Google is your friend”. You and your spouse’s own research / understanding, double / triple checking and maybe a review by a smart friend prior to mailing will help.

Review the items needed as listed in VJ and USCIS. A good friend of mine was applying for ROC and was going to submit what I thought was a pretty slim package of evidence. We reviewed what I though should get his ROC filing completed without a RFE and this increased his package size by about 40%. I explained it like this, take a box, and throw everything in it either an original or a copy for two years prior to the ROC filing, including the “Kitchen Sink” as I would say so that way you hopefully have it all in one place or very little to scrounge up after 2 years, including the filling fee.

Organize your cover letter in the exact order of your evidence, so the reviewing IO gets a clear picture of what you have and starts with a good impression. Number and tab your items clearly and if needed make good color copies and label everything (pictures etc.). If you did an I90 or other type of filing since your AOS, include that also and any other evidence and or correspondence which might help your case or explain who’s who in the zoo. Send it USPS registered so you can track its arrival.

Your pre organization will help in making a good presentation and hopefully get you to the end without an RFE and or an interview. But as I have found out during the USCIS process there are always road bumps no matter how hard you try to avoid them. My wife and I hope this helps with your ROC or any other filing with USCIS.

[bewildering 9]

I found this quote from a USCIS document enlightening:

If an interview is deemed necessary, the case is sent to the Service Center's Adjudications Unit and given to an adjudicator to assign a fraud level. The fraud levels of A, B, and C are assigned to the I-751 based on the documentation submitted with the application. If the adjudicator is fully satisfied that the case is approvable, then a fraud level of C is assigned. If the adjudicator is less than fully satisfied, but still feels that (based on the information available at the time) the case can be approved, then a fraud level of B is assigned. If the adjudicator has serious concerns about the approvability of the case and/or wants the applicant and the spouse to be interviewed, then the case would be assign ed a fraud level of A.

· Reasons for Assigning Fraud Level C. If you assign a fraud level C, it means that there are no technical problems (signatures, missing information, lack of evidence, etc.) and you think the case is approvable (no interview necessary). All required supporting documents are attached and there is no indication of fraud that can be identified in the documents or through the biographic data of the parties involved.

· Reasons for Assigning Fraud Level B. Fraud level B cases are those cases which have no technical problems that need correction and have the minimum number of proper supporting documents, but there is something, or an absence of something (which you may or may not be able to articulate) that creates suspicion about the bona fides of the marriage, the veracity of the evidence, etc. The reasons for suspicion are so varied that a concise list cannot be made. An example would be where the I-751 is supported by t he minimum required number of documents, however the documents are all of recent origin. Remember, though, that a level B case will be approved if the computer randomly does not assign the case to an interview slot, so do not assign a fraud level B if the application and /or supporting documents are insufficient to approve the case.

· Reasons for Assigning Fraud Level A. Fraud level A should be assigned when the adjudicator strongly suspects fraud. Reasons fraud level A might be assigned include:

- the petitioner fails to sign the form;
- there is insufficient evidence;
- a large age difference exists between the spouses;
- the married couple is not living together;
- a prior I-751 was denied;
- the petition was filed untimely without a good reason for being late; or
- any other reasons as the service center director may determine.

(3) Entering Cases in the Computer . Once the fraud level is determined, the adjudicator enters the case in the MFAS data base. The district office assigns a percentage to each fraud level. All fraud level A cases are interviewed. The responsible officer (usually the ADDE) in the district offices may choose to interview between 30% to 100% of all fraud level B cases; and between 10% and 50% of all fraud level C cases. After the case is entered in MFAS, the adjudicator enters the fraud level and the computer determines if the case will be sent for interview depending on the percentage of cases the district office wants to interview.