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I-751 Insufficient Evidence

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Filed: K-1 Visa Country: United Kingdom
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Help!!!!!!!

Today we received a letter stating our I-751 Petition to Remove Conditions on Residence did not provide adequate evidence to sufficiently establish that my husband and I entered into a "good faith marriage"!!!!

I follow this site, and thought I sent enough evidence, but obviously not!

I sent a joint 2011 tax return, a joint bank statement, two affidavits attesting to our marriage, a pay stub from my husbands new job, and three photos with the application. In retrospect, that sounds like not enough, I know!

The letter states that my husband and I did not establish that we share responsibility for most of the assets and liabilities of marriage.

After we married, we bought a home. However, he was not employed, and it was a USDA loan. My mortgage company made me take his name off of the loan, as my broker said it made no sense to have my husband on as he had no income and no credit history, and it wouldn't help us get the mortgage. So the house is only in my name. I called the title company today to ask how I could get his name on it, but they advised me that I might end up losing the mortgage and having to pay it all off. So I don't want to lose my home, and don't have unlimited funds to refinance into another type of mortgage. My husband got a seasonal job at Christmas time, and they decided to keep him on, so he has only been working since 11/2012 and is only part-time. The one car we have is paid off, and the title is in my name only because I had it prior to our marriage. I could add his name to it, but he has no license yet! i have been begging him to get it! The other car we bought is also in my name, because when we applied for the loan I didn't think to even put his name on it due to the erratic job situation, plus he doesn't drive yet. I called them today, but they said I can't just add him to the loan. His name is on some of the utilities, and I called and added him onto the rest, but his name doesn't show up on the statements. I asked them to do so - some did, some wouldn't. I called and added him to my credit cards today. We have been trying not to use them, so I hadn't really thought if getting him cards. He has a debit card from our joint account (works like a credit card too). He has his own bank account that I am not on, but I will ask him to add me too. He only got it because he couldn't transfer funds from Great Britain into our joint account since it is a credit union. I called my benefits office today and they are sending me proof that he is the sole beneficiary for my life insurance policy. I called the retirement account and made sure he was listed as beneficiary for my 403B account/pension. They are sending me proof of that. I asked more friends/family to write affidavits. I will send tons of photos and copy emails, or Facebook stuff as proof too.

Any suggestions? Do you think they will understand the mortgage situation? I wrote to my mortgage guy (who has since sold the mortgage to another company) to see if he could write a letter explaining why my husband wasn't put on the loan. What else should I do? Should I try to refinance into another mortgage. My husbands income isn't great, but I hope it doesn't throw us out of the USDA income level if I contact the mortgage company about adding him.

So to recap, I intend to send them: 7 additional affidavits (I asked my adult children to state how he financially has provided things for them such as paying for my daughters wedding, etc; a friend of his from England who just came to visit us, and another from a family member and friend), 2012 joint tax return, proof that he is beneficiary on my life insurance and also on my retirement fund, proof that he is on my medical insurance, all of the bank statements from our joint bank account, copies of his debit card from the joint bank account, copies of credit cards he has been added to, copies of utilities and credit statements that have his and my name on them, and a letter explaining why he is not on the mortgage, and hopefully one from the mortgage broker if I can swing that, and more photos showing our new home, times with family, etc. Is this enough??!!

Thanks for any input!

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Help!!!!!!!

Today we received a letter stating our I-751 Petition to Remove Conditions on Residence did not provide adequate evidence to sufficiently establish that my husband and I entered into a "good faith marriage"!!!!

I follow this site, and thought I sent enough evidence, but obviously not!

I sent a joint 2011 tax return, a joint bank statement, two affidavits attesting to our marriage, a pay stub from my husbands new job, and three photos with the application. In retrospect, that sounds like not enough, I know!

The letter states that my husband and I did not establish that we share responsibility for most of the assets and liabilities of marriage.

After we married, we bought a home. However, he was not employed, and it was a USDA loan. My mortgage company made me take his name off of the loan, as my broker said it made no sense to have my husband on as he had no income and no credit history, and it wouldn't help us get the mortgage. So the house is only in my name. I called the title company today to ask how I could get his name on it, but they advised me that I might end up losing the mortgage and having to pay it all off. So I don't want to lose my home, and don't have unlimited funds to refinance into another type of mortgage. My husband got a seasonal job at Christmas time, and they decided to keep him on, so he has only been working since 11/2012 and is only part-time. The one car we have is paid off, and the title is in my name only because I had it prior to our marriage. I could add his name to it, but he has no license yet! i have been begging him to get it! The other car we bought is also in my name, because when we applied for the loan I didn't think to even put his name on it due to the erratic job situation, plus he doesn't drive yet. I called them today, but they said I can't just add him to the loan. His name is on some of the utilities, and I called and added him onto the rest, but his name doesn't show up on the statements. I asked them to do so - some did, some wouldn't. I called and added him to my credit cards today. We have been trying not to use them, so I hadn't really thought if getting him cards. He has a debit card from our joint account (works like a credit card too). He has his own bank account that I am not on, but I will ask him to add me too. He only got it because he couldn't transfer funds from Great Britain into our joint account since it is a credit union. I called my benefits office today and they are sending me proof that he is the sole beneficiary for my life insurance policy. I called the retirement account and made sure he was listed as beneficiary for my 403B account/pension. They are sending me proof of that. I asked more friends/family to write affidavits. I will send tons of photos and copy emails, or Facebook stuff as proof too.

Any suggestions? Do you think they will understand the mortgage situation? I wrote to my mortgage guy (who has since sold the mortgage to another company) to see if he could write a letter explaining why my husband wasn't put on the loan. What else should I do? Should I try to refinance into another mortgage. My husbands income isn't great, but I hope it doesn't throw us out of the USDA income level if I contact the mortgage company about adding him.

So to recap, I intend to send them: 7 additional affidavits (I asked my adult children to state how he financially has provided things for them such as paying for my daughters wedding, etc; a friend of his from England who just came to visit us, and another from a family member and friend), 2012 joint tax return, proof that he is beneficiary on my life insurance and also on my retirement fund, proof that he is on my medical insurance, all of the bank statements from our joint bank account, copies of his debit card from the joint bank account, copies of credit cards he has been added to, copies of utilities and credit statements that have his and my name on them, and a letter explaining why he is not on the mortgage, and hopefully one from the mortgage broker if I can swing that, and more photos showing our new home, times with family, etc. Is this enough??!!

Thanks for any input!

Not to bang over a nail, but having spouse on title of house, cars is independent from whether he works or not or has a license or not. For the house, you might be asking the wrong question, and I believe you don't even need to talk to the mortgage company: they might be understanding to get his name on the loan; you don't want that. As for the title, in most states (you would have to check in Vermont), a Quit Deed is all that is needed to modify the title records with the county and state, leaving the loan as is. The only state that has a slightly different procedure -that I know of, is Texas-. As for car, it is irrelevant whether he has a license to drive or not, in most states an "or" can be in title.

Notice they USCIS can't care less about whether his name is in the loan; they want to see it in the title; two completely different things.

Our situation is similar, my wife does not work and she is in the house title (however, the loan is in my name only), for full disclosure, in Texas spouse name MUST be in title, there are no if or buts; she does not drive (never did) and does not have a drivers license, yet she is in the title of one of the cars.

Doing the Quit Deed title is esentially a DIY and requires a visit to the county records office, and a fee, that often is 10-20 dollars.

If you have a real state agent friend, they would certainly be able to help or point to someone who could do it for you.

The car title is at the local MVD office, also a simple form and fee.

Again, you need to check the specifics in your state; I've done those procedures in several states and is quite simple.

Edited by Gosia & Tito
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Filed: K-1 Visa Country: United Kingdom
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The woman at the Title Company did say I could file a Quit Claim Deed, but thought since it is mortgaged I would need permission from the Mortgage Company. I will have to ask at the County Court House I guess. I will go to Motor Vehicle to add him to the car we own. The bank for the other car loan (at least the person who answered today) said I couldn't add him after the fact - he would have had to be on the initial loan application. Maybe I will send a written request and see how that goes.

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Filed: Citizen (apr) Country: Australia
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Help!!!!!!!

Today we received a letter stating our I-751 Petition to Remove Conditions on Residence did not provide adequate evidence to sufficiently establish that my husband and I entered into a "good faith marriage"!!!!

I sent

- a joint 2011 tax return, You've been married for at least 2 years. Depending on when you got married there should be a 2010 and/or 2012 return

- a joint bank statement, "A" statement? You need to provide proof spanning your ENTIRE marriage. So statements from different months showing the longevity of the account

- two affidavits attesting to our marriage, Not necessary.

- a pay stub from my husbands new job, Not necessary

- three photos with the application. More if you're lacking evidence. Especially group photos if you have some.

The letter states that my husband and I did not establish that we share responsibility for most of the assets and liabilities of marriage.

After we married, we bought a home. the house is only in my name. Doesn't matter. We bought a house in 2010. I am not on the mortgage. I did have to sign something though as his spouse. Do you have anything like that? If not. No biggie.

My husband got a seasonal job at Christmas time, and they decided to keep him on, so he has only been working since 11/2012 and is only part-time. Okay. Irrelevant to the process

The one car we have is paid off, and the title is in my name only because I had it prior to our marriage. The other car we bought is also in my name, What about car insurance? Is he on the insurance?

he has no license yet! Does he have State ID? To show he has your address on it?

His name is on some of the utilities, and I called and added him onto the rest, but his name doesn't show up on the statements. The bills you just added him to don't count. You can't manufacture the evidence after the RFE. So make sure you get statements showing his name (those that already did) over multiple months.

I called and added him to my credit cards today. Doesn't matter. Add them if you want but it's manufactured evidence and you will only have the "after RFE" time to show them.

He has a debit card from our joint account (works like a credit card too). Send copies of the cards (if they're the same number. If not the joint bank statements are fine.

He has his own bank account that I am not on, but I will ask him to add me too. Again, manufactured.

I called my benefits office today and they are sending me proof that he is the sole beneficiary for my life insurance policy. Good if it shows how long he's been added is before the RFE

I called the retirement account and made sure he was listed as beneficiary for my 403B account/pension. Manufactured.

I asked more friends/family to write affidavits. Okay. At this point I would too.

I will send tons of photos and copy emails, or Facebook stuff as proof too. I sent photos from Facebook showing comments from people (also showed the upload date)

Please use paragraphs! That was really hard to read. i had to edit it to make it readable. My responses are in red above.

Basically you need to send stuff spanning the marriage. Don't change the mortgage, don't change the deed, don't change the vehicle titles. That's all manufactured.

If you have health insurance show proof he's insured.

Birthday, anniversary, christmas cards etc.

If you have pets proof you're both contacts/parents.

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Do you and your husband have a cell phone family plan that shows both numbers? That could be very helpful. As it was said above - do not try to manufacture the evidence after RFE not only because it won't count, but also because it will look suspicious. Go through your stuff; you may find some letters, invitations or something else that shows both of your names or your husband's name (as a proof of address).

Good luck with everything!

23.gif

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Vanessa's comments are good ones. Read those again.

I want to say, our new house is only in my name for the same reasons you stated. (And we are in Texas Gosia &Tito, so not a state requirement for a spouse on the title. Perhaps you are thinking of Texas is a community property state, so half is his regardless of title.)

Anyway, you don't have to get the house titled jointly now. We were fine without that. It's just one piece of evidence. However, you barely provided anything else to support co-mingling of you lives and finances covering 2+ years of marriage. So use the suggestions for ideas and dig around for anything that goes back to the beginning of your marriage and not just new things you thought of after the RFE.

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

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this is a list that we sent, maybe it will help you.

Check # 1883 for $590.00 on our joint checking acct.

USCIS Form I-751 Petition to Remove Conditions on Residence, signed and dated by both of us.

Copy of Front and Back of Green Card for Joy Willits.

Copy of Social Security Card, Arkansas Driver's License, and Medical Insurance Card.

Copy of a Letter from Department of Veterans Affairs, adding Joy as my spouce to the award.

Copy of IRS tax return for john and joy willits for 2011 and 2012.

Copy of Pulaski County Personal Property Tax statement in both our names.

Copy of First American Title , on home, blocked out, ar. in both our names.

Copy of Entergy electric bills in both our names.

Copy of Joy's 2012 W-2 showing our address as the same as she had when comeing here.

Copy of Retail Sale contract for the 2012 Equinox, in both our names.

Copy of Retail Sale contract for the 2011 Silverado, in both our names.

Copy of 21st. Century Auto Insurance showing both our names.

Copy of Principal Life Insurance Co. showing me as a benefeciary to her dental policy.

Copys of our Joint Banking Acct, at AFCU.

Copys of envelope's address to us both, and some addressed to her showing the same address.

Copys of pictures of us on Vacation, partys, and movie dates.

Edited by joyjohn

12/22/2010...married my soulmate,in tagaytay city.


USCIS...
01/28/2011...mailed I-130 to chicago Lockbox.....The journey begins
01/31/2011...receive I-130
02/05/2011...get a e-mail notice of NOA-1...states case transferred to CSC
02/08/2011...check clears my bank
02/10/2011... rec. hardcopy NOA-1 in mail...priority date..01/31/2011.....sit back relax and ride this slow mule!!
02/14/2011... touched ( it must have fallen on the floor )..hehe
05/12/2011...NOA-2 OMG...98days u kidding me!!!!!!!

NVC......

05/26/2011... finally got NVC case number...
05/28/2011... receive DS-3032 in e-mail/e-mailed the DS-3032 back
05/28/2011... receive AOS fee bill/ and paid online.
06/01/2011... AOS fee bill shows paid.
06/02/2011... DS-3032 accepted
06/03/2011... IV-bill generated and sented by e-mail
06/04/2011... Paid IV fee bill/ in progress
06/07/2011... IV fee bill showed paid/ downloaded cover sheet
06/08/2011... Express mail both the I-864(AOS) and DS-230
06/09/2011... Confirmed del at 11:10am signed by N visa center.
06/21/2011... SIF...yea!!! called NVC..yes case complete but no interview dates until aug..rats!!
06/28/2011... issured interview date set for 08/08/2011 At 6:30am.
07/12&13/2011... medical
YEA SHE PASSED MEDICAL

08/08/2011... interview approved!!!
08/19/2011...usa/arkansas.....

ROC

05/23/2013... mailed I-751 to Vermont

05/25/2013...delivery confirm received

05/30/2013...check cleared bank

06/01/2013...rec. NOA1 (receipt date 05/28/2013)

06/24/2013... biometrics appointment

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Filed: Lift. Cond. (apr) Country: China
Timeline

Everything that shows you have a life together, AAA cards, Costco, Sam's Club, Auto and Home insurance's in joint names, medical and life insurance's, credit cards, bank accounts. See the forum and the topic by Gary and Alla. We do not have a joint home - two separate one in US other in China. She does not own a car in us but owns a car in China. Wife is on home and car insurances'. We have a will and trust. Show her a beneficiary to retirement's, life, other monetary items. Maybe others processing in Vermont should respond. Positive part is that they are working on your application.

In Arizona its hot hot hot.

http://www.uscis.gov/dateCalculator.html

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