Dreaded RFE for "good faith marriage"

[virola 4]

Well, my husband and I just received our first RFE in the course of our entire immigration story for removal of conditions on his 2-year green card. Let me just start by explaining that I have been a graduate student up until two months ago (and I started a postdoctoral fellowship this month--this is sort of halfway to a "real job," but still low paying and without benefits, a necessary stepping stone to my chosen career in academia). My husband has largely been unemployed since arriving (but even when employed, he was not provided with benefits). Therefore, many of the potential pieces of evidence that USCIS suggests to send are simply not possible for us for both life-stage and financial reasons (see below).

USCIS writes:

"You have not established that the marriage upon which you were granted conditional status was entered to in good faith. You provided some evidence of marital bona fides. However, the documentation submitted is insufficient because it does not show that you have combined assets, liabilities, finances and/or property through the length of the conditional residency."

They then go on to request evidence (such as, but not limited to):

*drivers licenses/identity cards

*birth certificates of any children

*bank statements of joint savings and/or checking accounts

*insurance policies

*credit card statements

*loan documents

*State and federal tax returns, including schedules, statements, and attachments (e.g., W2)

*Copies of utility bills

*Any other documentation that shows the marriage was not entered into in order to circumvent US immigration laws

Here is what I included in our application:

• Copies of the passport and green card
• IRS tax return transcripts from our 2012 and 2013 joint US tax returns.
• Copy of a recent bank account statement showing a joint account (this was from December 2014)
• Copy of the tax statement for 2014, which we received for our joint checking account
• Copy of the lease to the apartment we share for 2014-2015
• Various airline documents from vacations we jointly took to Peru (Nov-Dec 2012), Miami (Sept 2013), India (Dec 2013), and California (Dec 2014)
• Copies of a greeting card sent jointly to us for our second wedding anniversary
• Two signed letters by U.S. citizen friends, attesting to our relationship and marriage.
• Various photos of us together since my husband entered the US

I have already requested bank statements going back to when it became a joint account (November 2012, five months after we got married--- we had to wait until he had a social security card in hand, which explains the delay). Further, I will make copies of our state-issued IDs stating the same address (however, we didn't get his until June 2014, two years after we were married, because I ignorantly assumed that the federal immigration documents were redundant with the state ID card until then). We have just moved to a new town in a new state, where we now have a number of things that I will include in our application: a new apartment lease, a new joint bank account, a joint Costco account, joint utility bills, a car purchase with new loan documentation. I am also planning on including a letter from my Ph.D. advisor explaining my position and the constant presence of my husband (and occasional employment) in our institution, all of our IRS tax transcripts (this time including 2014, which wasn't available when we submitted in January), and some various other documents (one of my husband's W2s and assorted mail arriving to us at the same address). My husband and I regularly publish scientific articles together, which I am debating whether or not to include-- I am not sure if this is good evidence or not; what is the opinion out there? My Ph.D. thesis is also dedicated to him... but that's probably not evidence appropriate for immigration (even though it is published!).

However, my big concern: I am worried that I do not have enough evidence going back towards the beginning of our relationship. I have contacted my old landlord to get a copy of our 2012-13 and 2013-2014 leases (I have lost my originals, probably during our recent move), so hopefully I'll have those, in addition to our bank statements going back to November 2012. But I'm at a loss, and oh-so worried that my husband's residency is jeopardized now. Our relationship is super strong (just ask anyone-- we work and play together, travel all the time [and have the passport stamps to prove it], but we have no major assets together, and are really just starting to enter that life phase where that is even possible. Further, my health insurance policy has separate from his because it was way too expensive to add him onto my university insurance plan; he had private health insurance (and, of course, I can't find those either, dangit!) and, more recently, an Obamacare plan.

Any advice on there on what to include? I'm just so frustrated because the system seems to be biased against people in our situation.

[VNL 4]

Don't worry! It sounds like you have enough evidence already as it is. They have probably sent you RFE because they want to see all the bank statements! They've been asking EVERYONE for them. So breathe, get everything you have listed together, mail it, and you'll be fine I don't think that your publications are needed, because obviously you don't have to be married to publish together. However if your publication has a page where it says something like "dedicated to my dear husband such and such" I would include a copy of it as well. Also, think of including a medical power of attorney. Include all the W-2s and tuition statements from the past three years.

Good luck! RFE is a better news than no news!

[Shelly_shelly 0]

Hi, I think we are almost the same. I was entered the US as a F1 student. From that time, my husband and I are live in different cities because we have to go into school. So we don't have much files are list on both our names.

Last year, we finally move together, we started to have more documents that are under both names.

I got the same RFE letter as you.

I sent back my file for already 3 weeks! still haven't hear anything back from them.

I already wrote a letter explain why we lived in different cities.

[virola 4]

Don't worry! It sounds like you have enough evidence already as it is. They have probably sent you RFE because they want to see all the bank statements! They've been asking EVERYONE for them. So breathe, get everything you have listed together, mail it, and you'll be fine

I really hope so—and logically, they can't deny our application because we don't own lots of property and have expensive insurance policies, right? Do you think a five month lag between marriage and joint bank account will be a red flag in anyway?

In the worse case scenario, what would happen if USCIS still doesn't believe we've provided evidence of a good faith marriage? Would they call us to interview, or send Daniel to removal proceedings right away?

[virola 4]

Hi, I think we are almost the same. I was entered the US as a F1 student. From that time, my husband and I are live in different cities because we have to go into school. So we don't have much files are list on both our names.

Last year, we finally move together, we started to have more documents that are under both names.

I got the same RFE letter as you.

I sent back my file for already 3 weeks! still haven't hear anything back from them.

I already wrote a letter explain why we lived in different cities.

Good luck . I do know how you feel! Even though Daniel and I have had the luxury of living together for the last >3 years since we got married, we also haven't accumulated many documents with both our names on them. Being a student dealing with the US immigration process really is difficult-- we are so inherently temporary in our current situations, and are definitely not making enough money to intermingle substantial assets!

[VNL 4]

Virola,

I think you should explain why there's a 5 months gap but I really don't see an issue with that. Your bank statements showing that you both have been using the account, will make up for this gap.

If for some reason they are not satisfied with your additional evidence, they'll call you for an interview. I honestly think you shouldn't worry about it though.

My husband and I also didn't include a lot of bank statements, which was silly, because we use the account all the time to pay for groceries, bills, etc. So we are expecting RFE as well.

Edited October 15, 2015 by VNL

[Ebunoluwa 6,136]

I have a life insurance with my husband named as beneficiary for $30 a months, had it even when he still lived in his country.

Power of attorney, wills, all good to have.

[TBoneTX 45,283]

Wills and medical powers of attorney will be great evidence. Especially because you've moved to a new state, new wills (valid in the new state) become even more crucial -- not just as evidence, but in "life."