RFE Journey Has Started, need some advice ?

[ayra 2]

Dear Folks,

We also got a rfe for my wife's case. I am the USC husband and helping my wife to prepare all necessary documents to be turned to the USCIS. I have couple questions so if you can advise us, I really appreciate it.

At the moment, I live in Europe and working for a reputable American company. For the first year of my employment, my wife got a I-131 travel document and had supported me. Once her travel book expired, she went back to the states, filled out her I-751 package and still in progress to remove her conditions. With her extension letter, she is travelling back and forth between Europe and the USA.

We are planning to include the following documents for our RFE package :

1) Lease of our apartment in Europe (2011 - 2012 - 2013 ) showing both our names, translated to English by a certified translator

2) Health insurance policy and cards provided by my multinational company, translated to English by a certified translator

3) Life insurance plan states that my wife is the beneficiary, translated to English by a certified translator

4) Retirement plan -> states that my wife is the beneficiary , translated to English by a certified translator

5) 2 Common savings account opened in HSBC bank after the RFE ( Deposited good amount of money but not sure if they can accept since it was opened after we have received the RFE)

6) Bank of America credit card statements ( I have put my wife as a second user for my credit card since July 2012 however, in Europe I can not use this card due to the foreign transaction fees , card has some debts and shows both of our names since last July 2012 and my wife is now using this card actively in the USA)

7) Utility bills ( in the country where we live , none of the utiliy companies accept both names have on the account so we have to put internet and cable tv bills on my wife's name after the RFE and I have mobile phone and water bill on my name. I am waiting to have new bills at the moment showing my wife and I live in the same address )

8) Pictures from different vacations and events

9) I have asked IRS to mail us our jointly filled tax transcripts of 2009 - 2010 - 2011 and 2012

10 Employment from my company that I have been working for this company since November 2011 - > Planning to write a seperate letter to the USCIS explaining that I am employed in Europe and my wife is visits often.

11) 3 or 4 affidavit letters from friends and from my uncle who lives in the states

Please advise if above listed documents will be sufficient ?

Another question is when we lived in the states after our marriage for about one and a half year , we had one CD and two savings account from Bank of America under both of our names. However, we have closed these accounts before I moved to the Europe. Do you think for closed accounts if we get old bank statements showing our names together can also be a good evidence ?

Our case is a little bit difficult due to my job in the Europe but we still have a very strong and perfect mutual marriage. We love each other but I guess it was our partial mistake that we could not think of to mail enough documentation when my wife initially sent her package.

Anyway please advise and feel free to express your input. I appreciate all your reply and support.

[Harpa Timsah 13,258]

Is that in addition to what you already sent? It looks great, makes me wonder what you sent originally. Good luck.

[ayra 2]

Hi,

We could not actually sent very effective documents, here is what we have sent originally :

1) 2011 - 2012 Lease of our aparment

2) Health insurance cards 2012 -> we have sent our package back in last July 2012, health insurance cards renew each year

3) 2 notarized letter from friends

4) Travel itenaries

5) Pictures

As you can see, we made a mistake not to include any vital evidence such as financial documents. Hopefully, this time we will be fine.

Edited May 8, 2013 by ayra

[Harpa Timsah 13,258]

Oh yes, your initial package was not even close to enough. Your RFE response sounds much better. You don't have a joint bank account from before the RFE?

[ayra 2]

We had some old savings account from Bank of America, Capital One bank however we had to close them before to move to overseas. Do you think if we ask banks our old statements for closed accounts, it still can be a good evidence ?

Or past is past and closed accounts do not mean anything ?

[DaveE 178]

Actually there is no standard. The offical waves his magic wand over the package and makes a decision. Like a dummy I did not read the guide and just threw together a package of what I thought was good. I have been sweating bullets waiting for the inevitable RFE. Heck I had the responses ready.

I did not submit multiple bank statements - I submitted a cover letter from our credit union stating we had a joint account, and provided the current months statement only.

I did not submit letter from friends or acquaintances.

I did not submit joint mortgage or home ownership documents. The house was in my name when we married and remains in my name.

I did not submit joint utility bills as our utility company will only permit one name on an account.

The package was submitted on Nov 9th and we got our approval letter two days ago.

However, if I had to do it again, I would have submitted much more. I have been sweating bullets for months. I just knew an RFE was coming.

Edited May 8, 2013 by DaveE

[klm9971 5]

Hi,

We could not actually sent very effective documents, here is what we have sent originally :

1) 2011 - 2012 Lease of our aparment

2) Health insurance cards 2012 -> we have sent our package back in last July 2012, health insurance cards renew each year

3) 2 notarized letter from friends

4) Travel itenaries

5) Pictures

As you can see, we made a mistake not to include any vital evidence such as financial documents. Hopefully, this time we will be fine.

Yeah, that is why they sent you RFE because this shows no evidence.

[klm9971 5]

Actually there is no standard. The offical waves his magic wand over the package and makes a decision. Like a dummy I did not read the guide and just threw together a package of what I thought was good. I have been sweating bullets waiting for the inevitable RFE. Heck I had the responses ready.

I did not submit multiple bank statements - I submitted a cover letter from our credit union stating we had a joint account, and provided the current months statement only.

I did not submit letter from friends or acquaintances.

I did not submit joint mortgage or home ownership documents. The house was in my name when we married and remains in my name.

I did not submit joint utility bills as our utility company will only permit one name on an account.

The package was submitted on Nov 9th and we got our approval letter two days ago.

However, if I had to do it again, I would have submitted much more. I have been sweating bullets for months. I just knew an RFE was coming.

So you got RFE?

[DaveE 178]

So you got RFE?

No, that was my point. After reading about how much some folks here sent in, I expected an RFE. I was ready to respond to an RFE, but never got one. Approved less than six months after acceptance.

Edited May 8, 2013 by DaveE

[klm9971 5]

No, that was my point. After reading about how much some folks here sent in, I expected an RFE. I was ready to respond to an RFE, but never got one. Approved less than six months after acceptance.

Wow! I totally believe you. The magic officer waves his stick and voila here is your RFE and here is your Approved 10 yr. GC.

[Cherries2013 0]

Wow! I totally believe you. The magic officer waves his stick and voila here is your RFE and here is your Approved 10 yr. GC.

but seriously...this is apparently how it happens.

I included everything the OP is including in the RFE but evidenced over 3 years, and we still got an RFE.

off to get our credit reports....

I'm not sure whether this actually helps OP, but I would explain how everything shows a joint life. Don't assume it's understood, because it clearly isnt.

this time, I'm highlighting different transactions by us, and adding a section specific cover letter explaining that transactions by both of us on the same account show commingling of finances.

[EasternDE 35]

Dear Folks,

We also got a rfe for my wife's case. I am the USC husband and helping my wife to prepare all necessary documents to be turned to the USCIS. I have couple questions so if you can advise us, I really appreciate it.

At the moment, I live in Europe and working for a reputable American company. For the first year of my employment, my wife got a I-131 travel document and had supported me. Once her travel book expired, she went back to the states, filled out her I-751 package and still in progress to remove her conditions. With her extension letter, she is travelling back and forth between Europe and the USA.

We are planning to include the following documents for our RFE package :

1) Lease of our apartment in Europe (2011 - 2012 - 2013 ) showing both our names, translated to English by a certified translator

2) Health insurance policy and cards provided by my multinational company, translated to English by a certified translator

3) Life insurance plan states that my wife is the beneficiary, translated to English by a certified translator

4) Retirement plan -> states that my wife is the beneficiary , translated to English by a certified translator

5) 2 Common savings account opened in HSBC bank after the RFE ( Deposited good amount of money but not sure if they can accept since it was opened after we have received the RFE)

6) Bank of America credit card statements ( I have put my wife as a second user for my credit card since July 2012 however, in Europe I can not use this card due to the foreign transaction fees , card has some debts and shows both of our names since last July 2012 and my wife is now using this card actively in the USA)

7) Utility bills ( in the country where we live , none of the utiliy companies accept both names have on the account so we have to put internet and cable tv bills on my wife's name after the RFE and I have mobile phone and water bill on my name. I am waiting to have new bills at the moment showing my wife and I live in the same address )

8) Pictures from different vacations and events

9) I have asked IRS to mail us our jointly filled tax transcripts of 2009 - 2010 - 2011 and 2012

10 Employment from my company that I have been working for this company since November 2011 - > Planning to write a seperate letter to the USCIS explaining that I am employed in Europe and my wife is visits often.

11) 3 or 4 affidavit letters from friends and from my uncle who lives in the states

Please advise if above listed documents will be sufficient ?

Another question is when we lived in the states after our marriage for about one and a half year , we had one CD and two savings account from Bank of America under both of our names. However, we have closed these accounts before I moved to the Europe. Do you think for closed accounts if we get old bank statements showing our names together can also be a good evidence ?

Our case is a little bit difficult due to my job in the Europe but we still have a very strong and perfect mutual marriage. We love each other but I guess it was our partial mistake that we could not think of to mail enough documentation when my wife initially sent her package.

Anyway please advise and feel free to express your input. I appreciate all your reply and support.

I'm sorry to ask but.. You have no common residence in the USA...?

You made sure she spent more than 6 months in the US in order to keep residency in the US, right?

Did YOU maintain residency in the US...?

There is something wrong here, I don't see how you can prove common residency if one is living in the US and on is living in Europe.

Using documents to prove common residency in Europe makes her green card at risk as her residency needs to be in the US, it's totally contradictory.

I have never seen something like this before. Couples who are usually in this situation give up GC and reapply later on when they want to move back together in the US.

This is really complicated... I'm not sure USCIS will be ok with that.

I would seek help in an immigration attorney or find someone who has been in a similar situation.

Edited May 8, 2013 by EasternDE

[ayra 2]

I'm sorry to ask but.. You have no common residence in the USA...?

You made sure she spent more than 6 months in the US in order to keep residency in the US, right?

Did YOU maintain residency in the US...?

There is something wrong here, I don't see how you can prove common residency if one is living in the US and on is living in Europe.

Using documents to prove common residency in Europe makes her green card at risk as her residency needs to be in the US, it's totally contradictory.

I have never seen something like this before. Couples who are usually in this situation give up GC and reapply later on when they want to move back together in the US.

This is really complicated... I'm not sure USCIS will be ok with that.

I would seek help in an immigration attorney or find someone who has been in a similar situation.

EasterDE Hi, we are well aware that our situation is pretty unique and rare. Before my wife sent out her I-751 package, she had a meeting with an immigration attorney and our attorney told her that it will be okay. I do not know if he was correct or just wanted to answer our question and say yes.

My wife keeps residency in the US. However, due to my job, I can not travel back and forth to the states.

Once I moved to the overseas, she got her I-131 travel document however, she can not get another travel document right now because there is no GC. Her extension will expire in the mid July.

So, instead of giving up GC, we are hoping that she can get a 10 year GC and she can re-apply for another I-131 or stay in the US and travel back to the Europe once in a while.

Our case is very complicated but we have already spend a lot of money and I do not want her to give her GC and start the whole process over again in a couple of years. I am looking for an opportunity to be transferred back to the states with my multinational company however it is not clear that when I can be transferred.

Anyway, we will send as much as evidence possible and wait USCIS's response. We hope my wife can be approved and get her 10 year GC. After GC I believe if she stays in the states most of the time in a year, her citizenship interview won't be challenging.

[EasternDE 35]

EasterDE Hi, we are well aware that our situation is pretty unique and rare. Before my wife sent out her I-751 package, she had a meeting with an immigration attorney and our attorney told her that it will be okay. I do not know if he was correct or just wanted to answer our question and say yes.

My wife keeps residency in the US. However, due to my job, I can not travel back and forth to the states.

Once I moved to the overseas, she got her I-131 travel document however, she can not get another travel document right now because there is no GC. Her extension will expire in the mid July.

So, instead of giving up GC, we are hoping that she can get a 10 year GC and she can re-apply for another I-131 or stay in the US and travel back to the Europe once in a while.

Our case is very complicated but we have already spend a lot of money and I do not want her to give her GC and start the whole process over again in a couple of years. I am looking for an opportunity to be transferred back to the states with my multinational company however it is not clear that when I can be transferred.

Anyway, we will send as much as evidence possible and wait USCIS's response. We hope my wife can be approved and get her 10 year GC. After GC I believe if she stays in the states most of the time in a year, her citizenship interview won't be challenging.

I quite understand your situation but I remember some couples here getting troubles for not living at the same place within the US so for you, it's going to be extra complicated.

In your list, I think you need to include documents showing her residency in the US. You give no details about that.

Where does she live in the US?

What about your taxes, what is your country of residence for tax purpose, for both of you?

[bewildering 9]

Actually there is no standard. The offical waves his magic wand over the package and makes a decision. Like a dummy I did not read the guide and just threw together a package of what I thought was good. I have been sweating bullets waiting for the inevitable RFE. Heck I had the responses ready.

I did not submit multiple bank statements - I submitted a cover letter from our credit union stating we had a joint account, and provided the current months statement only.

I did not submit letter from friends or acquaintances.

I did not submit joint mortgage or home ownership documents. The house was in my name when we married and remains in my name.

I did not submit joint utility bills as our utility company will only permit one name on an account.

The package was submitted on Nov 9th and we got our approval letter two days ago.

However, if I had to do it again, I would have submitted much more. I have been sweating bullets for months. I just knew an RFE was coming.

You should post this for people to see that circumstances as much as evidence count towards the decision.

May i ask. Are you at the same address as your AOS? I think that makes a difference.

I also wonder if they have access to the previous information that you provided. I remember at my AOS interview the immigration official took photocopies of our wedding polaroid photo book and said it would help in the future. I assume he meant for the I-751 and therefore I-751 officer would have access to our previous file.

Also, did you live in the US before you met and married? I wonder if this impacts their decision.

Finally, Are you both close in age? This definitely is important for a decision.

I think we believe everyone gets a RFE because we check this forum. But, everyone that gets a RFE comes to this forum. So een if only 1% of people get an RFE and 10% come to this forum, it will appear that there are many RFEs.