I-751 RFE Situation

[Winnipeg 0]

I've done a thread search and know there are countless threads about this topic but I was hoping that maybe someone else out there might want to add something to my situation regarding the RFE I received regarding my I-751 application. I don't want to say my situation is unique but it isn't cut and dry.

To give you guys a little background, my wife and I have been married for over 3 years know. We submitted my GC application shortly after we got married, I'm guessing because of that, we had to do a Stokes interview. The Stokes interview went very smoothly as we are in a legitimate relationship and I was approved for a two-year conditional GC.

The time finally came to file my I-751, I submitted joint tax returns, joint car lease, joint car insurance, health insurance through her work showing me as a beneficiary, authorized user on her credit card account, joint apartment leases throughout our relationship, cell phone bills showing that we share a joint family plan, and some pictures since the approval of my conditional GC.

I thought I had most of my bases covered, but I received an RFE. I would have thought from the first Stokes interview USCIS could rest assured at the legitimacy of our marriage.

I don't have anything new to add, with the exception of being a beneficiary on her life insurance, which was added after she got a new job.

The only caveat I can really think of is that she is the only one between the two of us that has worked, as I have spent the past two years trying to fullfil prerequistes for a graduate program I would like to apply to. So we aren't financially intertwined like a two-income household. She makes the money and she pays the bills. Besides our joint bank account, we still hold our own bank accounts.

Is there anything else I can do besides resubmitting my original documents and the additional document as a beneficiary on her life insurance? I feel like I'm basically resending the exact same things, which USCIS doesn't think is convincing enough, so what would be next? We would be called to another interview?

Thanks.

[Harpa Timsah 13,258]

Submitting your application shortly after marriage was NOT the reason for the Stokes interview. Why wouldn't you do that? The point of family immigration is family reunification. I submitted my package the day after I got married. So there was another reason for your Stokes.

Your RFE was for a lack of evidence. I am not sure why you don't have a joint bank account. What does that have to do with grad school? If you don't work how do you have money? That's the big thing, they really like to see a joint account with statements spanning the entire marriage. Financial comingling is a big thing for USCIS, and after a Stokes I would have arranged that first thing in anticipation for ROC.

But it's okay. You don't have to have a joint bank account, but I would write an explanation why you don't have one. What other joint things can you think of that you have?

Edit: You mention no joint account in your list (you mention a credit card) then you mention a joint account in the text. Which is it?

Edited July 23, 2013 by Harpa Timsah

[Pitaya 2,577]

~~Moved from Family-based AOS to ROC forum~~

~ROC process-related~

[canadian_wife 1,829]

What about joint utility bills? Drivers' licenses with the same address? Are you listed as an emergency contact anywhere at her work? Do you have the same doctor? Do you volunteer together? Did you take any trips together? Receive any Christmas cards to both of you with the same address? Do you send regular e-mails or write letters?

There is LOTS of evidence, you just have to start digging.

I filed my petition the DAY we got married. Why wouldn't you?

good luck

[Winnipeg 0]

Submitting your application shortly after marriage was NOT the reason for the Stokes interview. Why wouldn't you do that? The point of family immigration is family reunification. I submitted my package the day after I got married. So there was another reason for your Stokes.

Your RFE was for a lack of evidence. I am not sure why you don't have a joint bank account. What does that have to do with grad school? If you don't work how do you have money? That's the big thing, they really like to see a joint account with statements spanning the entire marriage. Financial comingling is a big thing for USCIS, and after a Stokes I would have arranged that first thing in anticipation for ROC.

But it's okay. You don't have to have a joint bank account, but I would write an explanation why you don't have one. What other joint things can you think of that you have?

Edit: You mention no joint account in your list (you mention a credit card) then you mention a joint account in the text. Which is it?

To make a long story short, we have a joint bank account but it isn't being regularly used because she prefers to use an account from a different bank. It just happened that I'm not a joint account holder on that account. She has no problem adding me to her account.

My point about grad school is that I'm not the main financial contributor in the relationship at the moment. She basically handles all the finances and that is why we don't seem to be deeply financially intangled. She has a credit card account and she gave me a credit card from her account to use that has my name on it.

[Winnipeg 0]

What about joint utility bills? Drivers' licenses with the same address? Are you listed as an emergency contact anywhere at her work? Do you have the same doctor? Do you volunteer together? Did you take any trips together? Receive any Christmas cards to both of you with the same address? Do you send regular e-mails or write letters?

There is LOTS of evidence, you just have to start digging.

I filed my petition the DAY we got married. Why wouldn't you?

good luck

I'll throw the kitchen sink at them and keep my fingers crossed. I had just thought that they put financial intermingling and having kids above everything else but given my situation, I can just give them all I have.

[Harpa Timsah 13,258]

Even if she handles the finances, no reason to not have a joint account. What if, god forbid, she were to get hurt and you needed access to the money to pay bills and handle things? You can't access the house money? You pay for your daily coffee with a credit card?

ROC is part planning, and after a Stokes planning should be in the front of your mind.

But what's done is done. Maybe that will help someone in the future. Good luck.

[rov 7]

Even if she handles the finances, no reason to not have a joint account. What if, god forbid, she were to get hurt and you needed access to the money to pay bills and handle things? You can't access the house money? You pay for your daily coffee with a credit card?

ROC is part planning, and after a Stokes planning should be in the front of your mind.

But what's done is done. Maybe that will help someone in the future. Good luck.

I totally agree with you.

But every couple is different.

In my case for example, my wife has her own bank account and I dont have access to it. She had this bank account before we got married and I never got access to it. She works part time and makes little money so no need for me to be in that account.

We have a joint account where I get my payroll deposited, She does have access to this account because this is the account that we use the most.

Some couples have a joint account and another account that they dont share with each other. Some couples dont even share bank accounts. Everyone is different. That is my point.

[Dark2013 26]

Hi everyone,

I am completely lost and confused. I filed joint I-751 on April 15th, 2012 (Vermont Center). On december 19th, 2012, I received a RFE and submitted the addotional document on March 1st, 2013. By May 2013, I realized that I did not get any feedback and contacted them (05/06/13), they replied to me 2 days letter to inform that my case was transfer to the local Office ( Dallas, TX) and that I have been RANDOMLY selected for an interview which just confused me as I received a RFE. Then on May 27th, I went to USCIS to stamp my passport and asked if they have any udate and all he could told me was that my file was there, awaiting for an interview date. I contacted them in July and all they could say was that my case was in suspence until a date for interview is available. I don't know what to do anymore, I wnat to apply for citizenship, but my attorney told me not too. How lond would it take them to schedule me? Is it a random selection? Am really confused....

[Harpa Timsah 13,258]

Hi everyone,

I am completely lost and confused. I filed joint I-751 on April 15th, 2012 (Vermont Center). On december 19th, 2012, I received a RFE and submitted the addotional document on March 1st, 2013. By May 2013, I realized that I did not get any feedback and contacted them (05/06/13), they replied to me 2 days letter to inform that my case was transfer to the local Office ( Dallas, TX) and that I have been RANDOMLY selected for an interview which just confused me as I received a RFE. Then on May 27th, I went to USCIS to stamp my passport and asked if they have any udate and all he could told me was that my file was there, awaiting for an interview date. I contacted them in July and all they could say was that my case was in suspence until a date for interview is available. I don't know what to do anymore, I wnat to apply for citizenship, but my attorney told me not too. How lond would it take them to schedule me? Is it a random selection? Am really confused....

You should start your own thread instead of tacking this question onto another one so you get more answers.

You were chosen for interview because you failed to satisfy them with your RFE. You wait until the interview appointment comes. You can apply for N400 if you are eligible.

[Dark2013 26]

You should start your own thread instead of tacking this question onto another one so you get more answers.

You were chosen for interview because you failed to satisfy them with your RFE. You wait until the interview appointment comes. You can apply for N400 if you are eligible.

I did start my own treat, but thought it will helpfull to ask other too. I sent more than requested evidence. The only reason they asked for the RFE was because we filed tax as maried separately and I forgot to put his tax. We've been married for almost 10 years now and the only reason we had to go through the process is because the US did not recognize the marriage we had in Africa and we had to marry again. We came to the the US 6 years ago and decided to remary here as I was not allowed to file based on my marriage in Africa. We had 3 children before we even filed. On my letter it is said that I was selected randomly so I was just trying to see if someone has the same issue or received the same letter as usually it will only says that you need to come for an interview.