RFE - Sent everything we can HELP

[lizka 3]

Hi everyone,

We have had such a roller coaster with all of this since 2011, and I really really thought that shiny greencard would arrive. But when I touched the yellow letter today, I knew better.

Inside it says Notice of Action and indicates that what we submitted wasn't sufficient. Please see below:

U.S. Citizenship and Immigration Services has reviewed your Petition and supporting evidence. Your supporting evidence does not sufficiently establish that you and your spouse entered the marriage in good faith and continue to share a life together.

You submitted:

Photocopy of identification documents

Joint 2013 tax documents with no proof that they were filed with IRS (i just submitted the 1040, my fault, will resubmit)

2012 Taxes were filed separately - my husband arrived in the middle of 2012, if we field jointly he would have to be taxed on his world income so we filed separately as many other couples do

Photocopy of joint bank account statements irregularly relating to only two months of your marriage - i printed the month we had the joint account until the present month (idiots) that is why it was two - it spanned for 2 years.

Photocopy of joint telephone bills

Your spouse's life insurance enrollment application with no proof of enrollment (this was an oversight, I will submit the new document)

Photocopy of joint lease

Electricity bills

Three affidavits

Photocopy of pictures

Although the evidence displays both names, it is not enough and does not sufficiently establish in detail, sharing of a common residence, joint ownership of assets, joint responsibility for liabilities, and/or an active commingling of finances throughout the span of your your marriage. Please submit further evidence illustrating a good faith marriage.

I am ready to cry. After all we have been through!! We called and the guy, like a robot, told me to get a lawyer. I asked to speak with a Tier I or II and they put me through. Wait time 143 minutes. We opted for the call back option and started working on putting together the information. Furthermore, I tried to schedule and infopass appointment but it wouldn't let me online, said at this time, no availability. Our due date is February 5th.

The uniqueness of our situation is as follows (and I would like to include this blurb in our letter to USCIS)

We wanted to provide you with a quick background – we met in 2008 and got married on April 30^th, 2011 in Miami where my wife was living. I had to leave to go back to Spain to process our petition legally. This is why we did not share a domicile or finances for 2011. Meanwhile, my wife obtained a full scholarship for her master’s degree in Cleveland and left Miami in June 2011. We spent the summer in Spain, and then she returned to begin her program. I didn’t receive my conditional greencard until July of 2012. In the year that I was waiting, I was accepted to a master’s program in Rhode Island on a fellowship which forbade me to work for the duration of my program. My wife and I both wanted to continue our education. When I moved to the US in August of 2012, we spent two months in Cleveland, and I left for Rhode Island to begin my program while my wife finished the second and final year of her program. This is why we didn’t share a domicile or finances in 2012. In 2013 after she graduated with her MBA in June, we again spent the summer in Spain. Upon our return to Cleveland, we moved her to Rhode Island and signed our first lease together. We stayed in Rhode Island until August 2014, when my wife accepted a job in the D.C. area, which is where we are living now. I would consider us a very modern couple who has separate bank accounts and who don’t make enough money to have a joint savings account. We have one joint account, and will provide you a full detail which was left out before, but this account is mainly used by my wife. I am currently unemployed and searching for a job after graduating from my master’s program in Fine Arts in June 2014. My wife is therefore paying for our expenses. We have a joint lease, property insurance, joint health insurance and I am a beneficiary on my wife’s policies at work. All copies are provided. I don’t drive, so there is no joint car insurance. We do not have children, but are planning a family once we are financially stable. Aside from the financial commingling, we are in every word, a happily married couple who entered our marriage in good faith and who love each other very much. We hope the additional information we provide will be sufficient and will be happy to come in for an interview at your convenience to provide further proof of our marriage.

As you can see, we have been busy, but are now proud owners of two Master's Degrees. I got a job in DC and we moved - maybe the August change of address prompted all of this as it looks that my husband is moving away from me or something like that. When I re-read what I wrote, I started to cry at the very thought that they could deny us for not particular reason.

Please offer advise. Aside from fixing the mistakes we made - we will send IRS printed joint returns for 2013. Our new lease. Our property insurance policy. My medical policy that covers my husband and a snapshot of our Aetna account online, a print out of every single month of the past 2.5 years of our bank account - that I used mainly, both of our degree copies to show we were in school...anything else? We are not the type of couple that have a joint bank account, and that won't change. I am at a loss. I cannot believe that this is happening. I feel like I"m gonna have to give birth before they give us the greencard :-(

Help

[seth2013 39]

Even if the 2012 taxes were filed separately they would still show that you were married, so I would include the transcripts for those. Make sure the returns you submit for 2013 are the transcripts as well, not the 1040/w-2's. For the bank statements, people on VJ seem to recommend sending one for each quarter (4 per year), or if you haven't had the account long maybe every other month or so.

Otherwise, I would send things like travel documents (passport stamps from your time in spain that prove you traveled together), any memberships you have together (Costco? Zoo? Any clubs?), holiday cards addressed you to both, etc. Definitely include the cover letter explaining your situation. Good luck!!

Edited November 15, 2014 by seth2013

[ky0218 4]

I think the reason that u got a rfe is you didn't submitted the official tax transcript from irs.

You only submitted 2012 tax transcript which is filed seperatly and 2013 1040 which they always reject.

You tax evidence is weak. I suggest you to send the tax transcript and other stuffs that they want in the rfe letter.

Also write a cover letter explaining you situation just like what you wrote in this post.

[NancyNguyen 1,657]

Your best bet is to send everything you have now and explain everything on a formal cover letter, the worst situation is an incoming interview. You can't send what you don't have. If you are legit couple, no need to worry much. Good luck.

[lizka 3]

Thank you all so much. We are as legit as it gets. I don't mind going to the interview just feel it's demeaning when we've already been through so much. I will include everything!!

[TBoneTX 45,312]

If you haven't yet done so, prepare wills, medical powers of attorney, HIPAA releases, and similar documents as a priority. These are not merely excellent evidence for ROC; they're crucial to have in "life."

[lizka 3]

I am thinking of everything possible - i was thinking maybe they saw that my husband hasn't worked since he arrived (he was on a fellowship- graduated in June). The job market is tough, and we recently moved for my new job, so it's even tougher. I will include this in the cover letter. I am just terrified they will kick him out of the country. We really cannot afford a lawyer at this time, any one ever heard of it going that far? Just so frustrating to have to share the most intimated details about our life including bank records, photos, etc when you've been with someone for 6 years and known them for 8. It's very upsetting. :-(

[KKJJ 16]

Send tax transcripts, even if you have separate bank accounts you should send both (wife and husband) statements maybe one each quarter or if u can provide the monthly it will be great. Also, did you fill out the box that says "other/past address? Send your school paperwork that show that you are married and spouse name.

[jjbandero 39]

Agree with everyone's suggestions about more tax information and I would also suggest that in your cover letter, lay out the timeline in bullet form and then reference the supporting document i.e. dummy-proof it so everything is easy to find, for example:

• We were in Spain from xx date to xx date - see passport stamps showing the entry and exit dates, credit card receipts etc. on page xx
• He was accepted into a masters program on xx date and completed his degree on xx date - see letter inviting him to enroll and graduation certificate on page xx

[lizka 3]

Thank you all. The last question is do you think/have you heard of an applicants work status keeping them from obtaining the green card? Should my husband work at a gas station just to show he's workimg?

[NancyNguyen 1,657]

Thank you all. The last question is do you think/have you heard of an applicants work status keeping them from obtaining the green card? Should my husband work at a gas station just to show he's workimg?

It is irrelevant to roc. Good luck.