Request for 'more' evidence that we don't have. Help!

[Harpa Timsah 13,258]

You must send monthly statements of your joint account for the 2+ years.

You don't have health insurance or any 401K or something organized by your work?

Where are your taxes?

Emergency contacts at work?

Receipts from vacations you have taken together?

You have sent virtually nothing.

[Em Z 3]

Is there a reason why she is not listed on the mortgage? She has all the proper documents now... Why aren't you both on the deed?

I'm sorry, I just can't understand why she's not on anything if you are both married!

[Cheezees 1,514]

Do you have:

1. Copies of past joint taxes? 2012? 2011? 2010?

2. The deed showing joint ownership of your house?

3. Proof that the mortgage payments came out of your joint bank acct?

4. Proof that the car insurance did too?

5. Joint car title?

6. Joint bank statements going back a couple years?

Your previous submission contains very little evidence of co-mingling of your finances and from what you have written, it looks like you DID NOT co-mingle much. This is very strange given that conditional marriage-based residency is involved. USCIS even allows applications for divorced individuals. However, EVERYONE has to prove a bonafide marriage. Having the house, car, ALL utilities and credit cards separate DOES NOT make it seem like you even live together. They are looking for unbiased third party proof.

Whatever you do, do not add your spouse to accounts after the fact/RFE. This is considered manufactured evidence.

Best of luck!

[Protocol417 161]

Is there a reason why she is not listed on the mortgage? She has all the proper documents now... Why aren't you both on the deed?

I'm sorry, I just can't understand why she's not on anything if you are both married!

I've been married before and been in the same boat.

Separate credit cards and banking accounts (I'm bad with my money, he was really good, so having separate accounts helped me better manage my side of things), our insurance was supposed to be under both our names but after spending three years trying to get our agent to update this we gave up, and the mortgage wasn't changed due to the expensive title fees involved. We also had no land line, separate cell phones (I had a cadillac AT&T package whereas he went TMobile prepaid), no magazine subscriptions, only I had health insurance (his employer didn't offer it and my employer asked for more than a month's rent to add a spouse), and the few bills we had were in his name (since he was "the bookkeeper").

Pretty much the only thing in both of our names were the tax returns.

We didn't really plan it that way, but that's how it ended up. Granted, we were both USC's, so it didn't matter, but I can see how it happens.

[armadillofeet 4]

Is there a reason why she is not listed on the mortgage? She has all the proper documents now... Why aren't you both on the deed?

I'm sorry, I just can't understand why she's not on anything if you are both married!

I already owned the house before we were married. That means that the utilities were already in my name. We have separate credit cards. We have our own auto insurance.

Having been married before it's just how I've done it. I didn't see any reason why to change. If the government wants to pay for the fees I'll be happy to refinance the house for the sole purpose of putting her name on the deed.

[Darnell 8,479]

the reason to change?

A Majority of evidence required when filing a Removal of Conditions case

is

focused on financial co-mingling.

I'm sorry you not understand that when you filed,

but

NOW you have an opportunity to fix it.

How difficult will it be for you to obtain monthly statements from the bank and monthly invoices/statements from the phone company and your joint IRS tax returns?

[Darnell 8,479]

If the government wants to pay for the fees I'll be happy to refinance the house for the sole purpose of putting her name on the deed.

Some states allow for a 'side-on' deed-type to be done, similar to a warranty deed or a quit-claim deed , to add a spouse's name ONTO the property without involving the mortgage company. Have you asked about this, back at the county recorder's office, at all?

My apologies if it seems I am beating you up about this. There's lots you could have done, and chose to do something else.

IMO, and others, you should have started the paper trail (regardless of what it was) the moment after you were married, and kept up with the papertrail for the months and months and months prior to filing the ROC.

It's one thing to complain about the lack,

but it's another thing entirely to use the advice given

and even a bigger thing to read the guides on ROC when the first green card arrives .

Edited June 28, 2013 by Darnell

[armadillofeet 4]

Do you have:

1. Copies of past joint taxes? 2012? 2011? 2010?

2. The deed showing joint ownership of your house?

3. Proof that the mortgage payments came out of your joint bank acct?

4. Proof that the car insurance did too?

5. Joint car title?

6. Joint bank statements going back a couple years?

Your previous submission contains very little evidence of co-mingling of your finances and from what you have written, it looks like you DID NOT co-mingle much. This is very strange given that conditional marriage-based residency is involved. USCIS even allows applications for divorced individuals. However, EVERYONE has to prove a bonafide marriage. Having the house, car, ALL utilities and credit cards separate DOES NOT make it seem like you even live together. They are looking for unbiased third party proof.

Whatever you do, do not add your spouse to accounts after the fact/RFE. This is considered manufactured evidence.

Best of luck!

Yes, tax documents we can produce.

The house was in my name for years before she came to the US as is the utility bills. The only thing we changed was when I added her to my cell phone plan.

We have a joint savings account, but the bank wants to see 'activity', i.e., the money being used.

My car was paid for before she came out. She's got her own car, bought and paid for.

We do have plenty of photos from our trips, holidays, weekend get-a-ways and so on. We have a Costco membership with both our names on it. I think we've got a couple of boarding passes from trips we've taken. We also have some documents from our church with both our names on it.

If we knew they were going to want things like this we would have been better prepared. It's annoying that illegals come across the border by the hundreds and they're untouched, but for people who obey the laws, and come into the country legally, you're made to jump through one hoop after another.

[Asia 2,499]

If we knew they were going to want things like this we would have been better prepared. It's annoying that illegals come across the border by the hundreds and they're untouched, but for people who obey the laws, and come into the country legally, you're made to jump through one hoop after another.

Then ask your wife and ask yourself if you're ready to trade places with those illegals, who have no rights in your country, who can be deported any day...

Sorry if that's too harsh.

[Cheezees 1,514]

If we knew they were going to want things like this we would have been better prepared. It's annoying that illegals come across the border by the hundreds and they're untouched, but for people who obey the laws, and come into the country legally, you're made to jump through one hoop after another.

I am not going to touch the "illegals" argument because it has NOTHING to do with your case. The truth is that you were poorly prepared for the ROC through your own fault. People make mistakes and unfortunately, yours is a terrible one. I don't think anyone here is being particularly harsh on you. And USCIS is surely not making you jump through any hoops. Honestly, it looks like they gave you 1 hoop and you said "No thanks, I prefer tennis". They have specific requirements which, for whatever reason, you chose to ignore. The sheer number of forms you had to fill out and documents you had to secure for the initial AOS should have at least prompted you and especially your foreign spouse to at least quickly review the I-751 form and its requirements much earlier that you apparently did.

Just take responsibility for your mistake and try your best to move forward, gathering as much evidence as you can. In terms of the bank statements, you should show months of withdrawals and deposits (some people only printed a cover sheet with both names which is NO EVIDENCE of use of mixed funds at all). I really would like to see your case progress positively.

[armadillofeet 4]

Then ask your wife and ask yourself if you're ready to trade places with those illegals, who have no rights in your country, who can be deported any day...

Sorry if that's too harsh.

That's a damn shitty thing to say. We are very much in love and this is a hugely stressful situation. We are running around trying to dig up what documents we can find.

Others have been very helpful on this site and in spite of our lack of information about what we'd need. Is this your idea of being helpful? On second thought, don't answer. We don't need to hear anything more out of you.

[armadillofeet 4]

I am not going to touch the "illegals" argument because it has NOTHING to do with your case. The truth is that you were poorly prepared for the ROC through your own fault. People make mistakes and unfortunately, yours is a terrible one. I don't think anyone here is being particularly harsh on you. And USCIS is surely not making you jump through any hoops. Honestly, it looks like they gave you 1 hoop and you said "No thanks, I prefer tennis". They have specific requirements which, for whatever reason, you chose to ignore. The sheer number of forms you had to fill out and documents you had to secure for the initial AOS should have at least prompted you and especially your foreign spouse to at least quickly review the I-751 form and its requirements much earlier that you apparently did.

Just take responsibility for your mistake and try your best to move forward, gathering as much evidence as you can. In terms of the bank statements, you should show months of withdrawals and deposits (some people only printed a cover sheet with both names which is NO EVIDENCE of use of mixed funds at all). I really would like to see your case progress positively.

We're really thankful for all the help, and suggestions for documents everyone is giving us.

Four months ago we provided copies of joint health insurance, car insurance, savings accounts, phone bills. In short we provided 'everything' they asked for and we were mindful to follow their request to the letter. We didn't attempt to cut corners or concoct false documents.

So, even though we gave them exactly what they asked for they're now saying that's not good enough. That's the point of our frustration.

So, we're pulling documents of taxes, boarding passes from trips, more phone bills, club memberships, etc. Heck, if I have to I'll send them videos of our home with all of her stuff in the dresser, garage, the shows she watches on the DVR.

[Darnell 8,479]

savings accounts, phone bills

if this wasn't a month by month, statement by statement collection of evidence

then ya need to go back and get that stuff, asap.

[Harpa Timsah 13,258]

? You said you only provided a statement from your joint account and 5 affidavits and a phone bill. Now you say you health insurance and car insurance? You say you got a "request." What request? Did you get a RFE?

They don't accept videos but they can do their own home visit.

The quicker you accept that you did not give them "everything they asked for" the better you will feel. You misunderstood the requirements, and that's fine, but now, it's time to learn the requirements. There is no one thing that you need to provide, but you need to show them that you have a bona fide marriage. That means they want to see that you live together, trust each other with finances, and file your taxes together, etc. You didn't even send tax returns, generally a very easy thing to send. How would they know you have a bona fide marriage and aren't just friends helping each other out?

Edited June 28, 2013 by Harpa Timsah

[armadillofeet 4]

? You said you only provided a statement from your joint account and 5 affidavits and a phone bill. Now you say you health insurance and car insurance? You say you got a "request." What request? Did you get a RFE?

They don't accept videos but they can do their own home visit.

The quicker you accept that you did not give them "everything they asked for" the better you will feel. You misunderstood the requirements, and that's fine, but now, it's time to learn the requirements. There is no one thing that you need to provide, but you need to show them that you have a bona fide marriage. That means they want to see that you live together, trust each other with finances, and file your taxes together, etc. You didn't even send tax returns, generally a very easy thing to send. How would they know you have a bona fide marriage and aren't just friends helping each other out?

I would be happy to have them come here and see for themselves.