Applied 6 months ago - received letter asking for more evidence

[sahd0w 4]

Hi everyone,

This is my first post here so I hope I'm as clear as possible.

My husband is from Hungary and we were married in October of 2012. We received his 2 year conditional green card the following year, which was a ton of work and we were so happy to get it. Now it is time to renew for the 10 year visa and remove the conditions (I-751).

We sent in everything we could back in June. Joint health and car insurance documents, joint lease, utility bills and just general bills sent to our address, married-filing-jointly tax returns for the past two years and as many pictures and letters as I could come up with. We aren't wealthy people... we've been living in the same apartment this whole time. Also, we've had separate bank accounts because I wanted him to learn to manage his own finances here (he never had a bank account in Hungary because he was 17 when he came to the US and never got an account of his own when he arrived). I helped him set up his own account and credit card so he could earn a credit score. We have done very well not to accumulate debt or liabilities, but now that I received this letter from the USCIS I'm feeling like they WANTED us to take out a bunch of loans together this whole time and that's what they wanted to see to approve his application.

I'm extremely distressed about this situation. They are requiring more evidence by April 1. I don't have much else to give them, but here is a list of everything I can think of to send them. I would like to know if there is anything else someone can suggest to us that will help our case:

1. I added him as a joint to my bank account the same night we received the letter. Obviously, previous statements will not have his name listed as an account owner, but anything in the future will.

2. I went to the DMV yesterday morning and added him as a joint owner on my car title (the updated one will take 4-6 weeks to arrive). It is the ONLY true asset I own. We own no property.

3. We financed a car as of November of 2015. I can send them the loan documents from my credit union and the bill of sale for the car, both of which will have our names on it.

4. I also am trying to get an official document from my employer showing that my husband is the beneficiary on my life insurance policy.

I also called and spoke to an immigration officer who told me that currently, it looks like our relationship is more of a "roommate" situation. I was shocked to hear this, but all I can do is try to appease them. I'm going to send in all of this additional stuff ASAP, but I'm worried because it doesn't show much for the duration of our marriage (more than three years). If anybody has ANY suggestions or advice for proving that we've intermingled our finances or assets for this amount of time, I would be so so grateful. I'm terrified that they could deny my husband's application when I am trying to hard to prove that we really are marriage out of love and not some scam.

Thank you for reading!

[bellavita38 1]

Wow! Now I'm worried. I just mailed in our I-751 packet today and sent similar items. It's crazy. Who is USCIS to judge how our marriage and finances are arranged?! My parents had separate bank accounts for years bc my mother was frivolous with money and my father had to keep things in check. I'm sure many marriages are set up like roommates. I guess they do not see any children (assumption) and that raises issues as well.

So annoying!

Do you have any Wills, powers of attorney or living wills? That might help.

Good luck!

[Darnell 8,478]

financial co-mingling is a big deal for the RoC...

[sahd0w 4]

Wow! Now I'm worried. I just mailed in our I-751 packet today and sent similar items. It's crazy. Who is USCIS to judge how our marriage and finances are arranged?! My parents had separate bank accounts for years bc my mother was frivolous with money and my father had to keep things in check. I'm sure many marriages are set up like roommates. I guess they do not see any children (assumption) and that raises issues as well.

So annoying!

Do you have any Wills, powers of attorney or living wills? That might help.

Good luck!

I know, that was my first thought too. I really didn't think that they'd be so critical of our money spending habits. I can show that we've been writing checks to the same places to pay our rent and other bills, but just because they don't come from the same place, that's all they care about? And we haven't had children because we honestly wouldn't be able to afford them. Are we supposed to drown ourselves in debt to prove our love? It's insulting and degrading. I'm just going to send as much as I can and just include a letter explaining that we have done our best to stay out of debt and contracts because we were trying to be safe with our limited finances. I really wish you the best of luck. I was so excited to see we got a letter from them... I was hoping for good news, and when I saw the letter my heart just sunk to the floor.

I don't have a will. Do you know where I could get information for how to create one? Is that something I need to get officially from a lawyer or can I just type up a document and get it notarized?

[sahd0w 4]

financial co-mingling is a big deal for the RoC...

Do you think the new things I will be sending them are strong enough, or do you have any other suggestions for things I can do on short-ish notice to add to my evidence? I'm really upset and feel like they've cornered me. We've been trying to NOT take out loans or get into debt so we could keep afloat. I didn't realize that trying to be safe with our money was going to cause a delay in our application. We are stable but don't make tons of money.

I love your Sooyoung gif btw, fellow kpop lover here

[judefabulous 26]

I know, that was my first thought too. I really didn't think that they'd be so critical of our money spending habits. I can show that we've been writing checks to the same places to pay our rent and other bills, but just because they don't come from the same place, that's all they care about? And we haven't had children because we honestly wouldn't be able to afford them. Are we supposed to drown ourselves in debt to prove our love? It's insulting and degrading. I'm just going to send as much as I can and just include a letter explaining that we have done our best to stay out of debt and contracts because we were trying to be safe with our limited finances. I really wish you the best of luck. I was so excited to see we got a letter from them... I was hoping for good news, and when I saw the letter my heart just sunk to the floor.

I don't have a will. Do you know where I could get information for how to create one? Is that something I need to get officially from a lawyer or can I just type up a document and get it notarized?

So sorry for your situation. Don't panic. All will be fine. Go to legalzoom.com and create power of attorney,will and other valuable documents for couples.

[charmander 692]

As you can see in this forum, you are not the first not and will not be the last to receive RFE. It is very frustrating some govt official judging your marriage based on some documents he/she examined for an hour but it is what it is. Apart from what you suggested, I'd include all travel itineraries (even better if you could include copies of passport pages with stamps showing you exited and entered the country on same day), rental insurance if you have one, copies of driver's licenses showing the same address, holidays are just over I hope you didn't throw away cards addressed to you both yet, and affidavits from friends or family. And pretty much more of everything you received since your sent the first package -- more photos, bills, renewed health insurance enrollments/ new car insurance etc. I think these could be good supplementary documents for you guys. Not everyone buys a home together within the first two years of their marriage or take loans and such. So don't be stressed too much.

btw, yes financial evidence is very important but they do not make decisions based on just a joint bank account. Everything counts. Otherwise, they wouldn't be asking these documents.

Just check the timelines from other months, and see how many people received RFE and got approved after responding. Good luck!!

Edited January 13, 2016 by charmander

[oceanborn 33]

I was told in no uncertain terms by an IO back in the day that "Without a joint bank account, joint loan or joint automobile purchase it screams that you aren't really in this properly". Crazy, right? Unfortunately, as others have said, financial co-mingling is extremely important for the RoC.

That being said... getting an RFE is actually a positive sign, because it means they are working on your application. If you send as much in as you can, and I mean really overwhelm them with as much as you can find, chances are you'll find an approval winging its way to you over the next month or so. Worse case scenario? They'll suss you both out in an interview.

[sahd0w 4]

Thank you thank you thank you so much!! These are excellent ideas. I'm definitely going to ask for the tax transcripts. I didn't even know I could request those! What a relief to know I can get something like that. And the will is an excellent idea. I'll be creating that this weekend, too. I just want to overload them with proof of "financial intermingling" or whatever the term was at this point since I guess I didn't really give them much strong evidence in the original application package.

Thank you again, I do feel comforted and like I will have a much stronger case after your suggestions

First of all, RFE is not a denial so please don't panic. Believe it or not, you can come up with creative ways to enhance a ROC package. Your additions #2-4 are good. However #1 - adding spouse to your bank account now is too obvious. I don't think this is going to help you anymore at this point.

Other things to consider:

1) Wills (someone else mentioned legalzoom.com - great website, cheap and fast)

2) Health care power of attorney. HERE is Illinois's link to making your own FREE healthcare power of attorney assuming you're living in IL. Each state has its own form.

3) Tax transcripts - you mentioned in your post that you sent tax returns. Tax transcripts come from the IRS and certify that you paid your taxes versus returns that only show your side of the story. Tax transcripts are also free and come by mail in around 10 business days after you request them.

4) Have you both travelled together in recent times? Do you have travel itineraries/Boarding passes that you could submit?

5) The bills/utilities that you submitted in your original package - did you only send one or two? Or did you sent quarterly or more statements from the inception of your marriage up until the time of filing? If you submitted only a few, I'd send more.

6) Notarized affidavits - these are secondary forms of evidence but they can help in your case if you can't come up with more evidence. Could you have at least two family members or friends write an affidavit attesting to your bonafide relationship?

Good luck!

[sahd0w 4]

As you can see in this forum, you are not the first not and will not be the last to receive RFE. It is very frustrating some govt official judging your marriage based on some documents he/she examined for an hour but it is what it is. Apart from what you suggested, I'd include all travel itineraries (even better if you could include copies of passport pages with stamps showing you exited and entered the country on same day), rental insurance if you have one, copies of driver's licenses showing the same address, holidays are just over I hope you didn't throw away cards addressed to you both yet, and affidavits from friends or family. And pretty much more of everything you received since your sent the first package -- more photos, bills, renewed health insurance enrollments/ new car insurance etc. I think these could be good supplementary documents for you guys. Not everyone buys a home together within the first two years of their marriage or take loans and such. So don't be stressed too much.

btw, yes financial evidence is very important but they do not make decisions based on just a joint bank account. Everything counts. Otherwise, they wouldn't be asking these documents.

Just check the timelines from other months, and see how many people received RFE and got approved after responding. Good luck!!

Thank you so much. You just reminded me that we did take a trip back in November. It wasn't a flight, but it was a pretty good drive and I have pictures and receipts for our hotel and stuff that I can throw in.

I feel a lot better after reading the responses I'm getting. I definitely panicked and assumed the worst when I first read the letter. I'm just going to do my best compiling everything and making sure everything is as clear as possible. You guys are so awesome. I'm really glad I posted on this site.

[NikLR 13,227]

If they still want more information after an RFE they request an interview. If you're a genuine couple, passing that shouldn't be a big deal. So, as a couple, if you choose not to have joint bank accounts etc (knowing about ROC) then you still have that final spot in which to prove and show what a genuine couple you are.

[QueenComley 295]

USCIS has full authority to probe on your marriage since you're trying to get a green card to the United States, which is a privilege not a right. USCIS cannot read your mind, nor can they sit inside your home for a whole week and make notes on whether you're a genuine couple. So asking for co-mingling of assets and evidence of living together is the best they can do. There are millions of us seeking immigration benefits and USCIS regularly sees couples who are not bona fide. Be relieved that if USCIS is not sure of your relationship, they give you a chance to argue about your case in the form of an RFE or interview instead of denying you flat out. The system may not be perfect but they are doing their best.

Also, having children does not mean anything to USCIS. There are several threads on VJ discussing about this. Even roommates can have an "oopsie" moment and make a child. But roommates don't set up joint bank accounts or wills together.

You took the words right out of my mouth...

As far as USCIS is concerned...

Joint bank account - BIG DEAL. At this point they are mainly looking for financial co-mingling. Period.

Having kids together - Has NO bearing on your application. Anyone can lay down together and make a baby. It proves nothing.

[ss24 0]

Hi there,

Can you please let me know whether your online status has been updated with Request for evidence as well or did you directly get the letter in mail for evidence with no notification in the website? Also, what it is currently showing online for your case?

Thanks in advance,

Hi everyone,

This is my first post here so I hope I'm as clear as possible.

My husband is from Hungary and we were married in October of 2012. We received his 2 year conditional green card the following year, which was a ton of work and we were so happy to get it. Now it is time to renew for the 10 year visa and remove the conditions (I-751).

We sent in everything we could back in June. Joint health and car insurance documents, joint lease, utility bills and just general bills sent to our address, married-filing-jointly tax returns for the past two years and as many pictures and letters as I could come up with. We aren't wealthy people... we've been living in the same apartment this whole time. Also, we've had separate bank accounts because I wanted him to learn to manage his own finances here (he never had a bank account in Hungary because he was 17 when he came to the US and never got an account of his own when he arrived). I helped him set up his own account and credit card so he could earn a credit score. We have done very well not to accumulate debt or liabilities, but now that I received this letter from the USCIS I'm feeling like they WANTED us to take out a bunch of loans together this whole time and that's what they wanted to see to approve his application.

I'm extremely distressed about this situation. They are requiring more evidence by April 1. I don't have much else to give them, but here is a list of everything I can think of to send them. I would like to know if there is anything else someone can suggest to us that will help our case:

1. I added him as a joint to my bank account the same night we received the letter. Obviously, previous statements will not have his name listed as an account owner, but anything in the future will.

2. I went to the DMV yesterday morning and added him as a joint owner on my car title (the updated one will take 4-6 weeks to arrive). It is the ONLY true asset I own. We own no property.

3. We financed a car as of November of 2015. I can send them the loan documents from my credit union and the bill of sale for the car, both of which will have our names on it.

4. I also am trying to get an official document from my employer showing that my husband is the beneficiary on my life insurance policy.

I also called and spoke to an immigration officer who told me that currently, it looks like our relationship is more of a "roommate" situation. I was shocked to hear this, but all I can do is try to appease them. I'm going to send in all of this additional stuff ASAP, but I'm worried because it doesn't show much for the duration of our marriage (more than three years). If anybody has ANY suggestions or advice for proving that we've intermingled our finances or assets for this amount of time, I would be so so grateful. I'm terrified that they could deny my husband's application when I am trying to hard to prove that we really are marriage out of love and not some scam.

Thank you for reading!

[charmander 692]

I think you guys are looking from an irrelevant point of view. The govt cannot discriminate against age, health condition, sex, or personal preference. They do not consider a child as the main proof of bona fide marriage because not everyone can have children, some people get married later in their lives, same-sex marriages, or simply couple may not want to have a child. it has nothing to do with anyone can lay down together or roommates having oopsie moments.

They have to apply same rules for everone. That's why financial comingling is big but alone would not prove anything if the couple live at the opposite sides of country for a long while without seeing each other. Same residence, shared moments, joint bank accounts, purchased properties, joint policies, witnesses, pretty much everything counts.

[Harmonia 211]

Try to brainstorm other things. Did you go to a concert or sporting event together, take photos, and have the ticket stubs? Joint gym membership? Do you own a pet and have both your names on the vet bill/account? Joint health insurance, cell phone, Internet, renter's insurance`? We couldn't have 2 people on most of our utilities. The gas and electric companies both only allow 1.

You don't need to have loans. We have no loans, own no house, and my name is the only one on my car loan. However, add him to your credit cards. Even if you don't physically give him the card! You can add him as an authorized user then shred the card if you don't want him to have it, for whatever reason. But that will actually help build his credit.

Edited January 14, 2016 by Harmonia