NEED Help I-175 RFE

[winterpark2015 5]

I have been waiting over 7 months for approval of my I-175 removal of conditions to get my 10 year green card so that I can move onto my naturalization process this fall. However, after filing a e-status update the USCIS responded with an RFE saying they need more evidence of our marriage was in good faith. My husband already owned, his cars, house, and everything before we were ever married. We submitted dual bank accounts, healthcare insurance, and memberships in which we share. However, USCIS seems to be demanding that my husband put my name on his private bank accounts, house, cars to somehow prove our relationship. My husband is much older than me, he obtained all these things far before knowing me and I do not feel it is fair to ask him to do this and I don’t feel it is the place of the USCIS to interfere in the inner workings of a marriage. No one would require this if he married an American women so why are they requiring such a thing just because he married someone born outside the USA?

I feel we are being forced to spend time and money to go against my husband’s wishes and get a new deed to his home and titles to his cars and personal bank accounts just to prove something to an invasive government worker who is clearly requiring things that should be outside the purview of the USCIS? I thought it was their job to just validate a lawful marriage not to demand and instruct how they feel a marriage should be lived and divided up.

[Anh map 2,098]

You have failed to understand what is required. You are not proving a lawful marriage (that's easy to do with a marriage certificate), but a bona fide marriage.

Typical evidence of a bona fide marriage includes financial comingling, proof a shared address, wills, time spent together with family & friends, travel together, joint accounts, and so on. Just as you had to prove a true relationship to obtain the K1 visa, now you two must prove a true marriage to remove the conditions.

[winterpark2015 5]

What do you suggest USCIS should do to validate a lawful marriage? Please enlighten us.

We have submitted joint tax returns, joint healthcare insurance, joint car insurance, banks accounts, joint bills, photos vacation receipts, I would think they would be enough. The government would never require two us citizen getting married to turn over all their ownership or property and money before marriage to the other person so why should they have when a us citizen is marring foreigner. I married my husband for love not married I am not interested to have access or ownership of things he obtained before me.

[winterpark2015 5]

You have failed to understand what is required. You are not proving a lawful marriage (that's easy to do with a marriage certificate), but a bona fide marriage.

Typical evidence of a bona fide marriage includes financial comingling, proof a shared address, wills, time spent together with family & friends, travel together, joint accounts, and so on. Just as you had to prove a true relationship to obtain the K1 visa, now you two must prove a true marriage to remove the conditions.

I feel full did that when we filed the i-175. We sent in joint tax returns, healthcare insurance, car insurance, electric, cable cell phone bills. bank statements. We included receipts and photos of vacations. The only thing they are asking for at this point is proof of children or joint ownership of property. My husband went through a bad divorce with his ex and I respect his decision to want to keep his house that he bought before me in his name and i don't feel it is good idea to have children to just make USCIS happy. Without a doubt what we submitted would more than enough make 99.99 % of the reviewers happy. It seems with got one bad person who just decides to be a jerk. At this point there is NOTHING else for us to submit. Just crazy I may be denied or we have to spend unknown amounts of $$ in court because someone is requesting the impossible for no apparent reason.

[winterpark2015 5]

How many years worth of tax returns did you provide? How many bank accounts did you provide? How many bills?

We submitted 3 years of tax returns but only the last two were joint because i was not in the USA yet for the 3rd., We sent over 18 months worth of bank account statements, Sent almost a years worth of electric bills, cable bills, phone bills, healthcare insurance, car insurance statements. It is really just crazy to get an RFE at this point. The only thing we have not fully proven that they are asking for is children and property ownership. Which I don't feel it is a good idea to have kids just to make the USCIS happy or ask my husband to turn over ownership of his home and personal accounts that he obtained long before me.

[Cheezees 1,514]

They are giving you an opportunity to submit evidence of children, if you have them, and jointly owned property, if you have them. Yes, having children is not something you can do on demand. But the fact that the two of you never made a major purchase together is suspicious. Having a house, car, boat, etc., before marrying is not an issue. Not sharing ownership of them with your spouse at all is. Like it or not you go by their rules. Residency is a privilege, not a right, and that is why 2 US citizens are not scrutinized. As you can see, your feelings to the contrary are irrelevant.

Edited March 25, 2016 by Cheezees

[charmander 692]

I have been waiting over 7 months for approval of my I-175 removal of conditions to get my 10 year green card so that I can move onto my naturalization process this fall. However, after filing a e-status update the USCIS responded with an RFE saying they need more evidence of our marriage was in good faith. My husband already owned, his cars, house, and everything before we were ever married. We submitted dual bank accounts, healthcare insurance, and memberships in which we share. However, USCIS seems to be demanding that my husband put my name on his private bank accounts, house, cars to somehow prove our relationship. My husband is much older than me, he obtained all these things far before knowing me and I do not feel it is fair to ask him to do this and I dont feel it is the place of the USCIS to interfere in the inner workings of a marriage. No one would require this if he married an American women so why are they requiring such a thing just because he married someone born outside the USA?

I feel we are being forced to spend time and money to go against my husbands wishes and get a new deed to his home and titles to his cars and personal bank accounts just to prove something to an invasive government worker who is clearly requiring things that should be outside the purview of the USCIS? I thought it was their job to just validate a lawful marriage not to demand and instruct how they feel a marriage should be lived and divided up.

Service center officers have a list of items they go through and your marriage does not need to fit their list at all. You are free to live whichever way you want to live in your marriage. However, if you can't satisfy service center's definition of marriage, they would first ask for RFE and if still not enough, ask for an interview at local office. They could put you guys in separate rooms and cross-interrogate for hours and hours but again nothing should scare you guys if you are in a goodwill marriage. That path just would take longer that's it.

[Sukie 1,465]

The important thing for you to do is EXPLAIN why you do not have common property. It's easy to write them a letter explaining that the house (and other assets) were in your husband's possession (and name) before you married, and the two of you are very happy to keep things this way. Then find good examples of things you HAVE done together.

Most spouses would want the security of having joint assets - especially if one spouse was significantly older than the other. The way you have presented it, it looks kind of suspicious - as normally, a new couple does tend to buy things together. There is no requirement that you be placed on the deed of the home - my spouse (I'm the USC) is not on my deed - I bought the home prior to even meeting her. And, for tax reasons, until she's a citizen, if I die, she does not get the benefit of the spousal exemption. So we are waiting until she's a citizen before I change the deed.

That said, you need to tell a more convincing story of why the two of you are not co-mingling assets. There is probably a very good and reasonable explanation - but your paperwork you submitted just doesn't fully tell the story. So...tell it in a letter that you return with your RFE paper. Remember - your don't LOOK like a normal couple. So give the reasons you are choosing to be different.

Write a letter. Tell your story. You may still be called for an interview instead of their waiving it - but hey...you love your husband, and he loves you, and you will get through.

Best of luck.

Sukie in NY

[winterpark2015 5]

The important thing for you to do is EXPLAIN why you do not have common property. It's easy to write them a letter explaining that the house (and other assets) were in your husband's possession (and name) before you married, and the two of you are very happy to keep things this way. Then find good examples of things you HAVE done together.

Most spouses would want the security of having joint assets - especially if one spouse was significantly older than the other. The way you have presented it, it looks kind of suspicious - as normally, a new couple does tend to buy things together. There is no requirement that you be placed on the deed of the home - my spouse (I'm the USC) is not on my deed - I bought the home prior to even meeting her. And, for tax reasons, until she's a citizen, if I die, she does not get the benefit of the spousal exemption. So we are waiting until she's a citizen before I change the deed.

That said, you need to tell a more convincing story of why the two of you are not co-mingling assets. There is probably a very good and reasonable explanation - but your paperwork you submitted just doesn't fully tell the story. So...tell it in a letter that you return with your RFE paper. Remember - your don't LOOK like a normal couple. So give the reasons you are choosing to be different.

Write a letter. Tell your story. You may still be called for an interview instead of their waiving it - but hey...you love your husband, and he loves you, and you will get through.

Best of luck.

Sukie in NY

This is the case he was 40 and I was 18 when we married. He already owned his house out right. His cars, house everything is paid for, his investments and major bank account are separate. Because of his divorce and issues about money and his possessions I respect his wishes. I married for love not money. There has been no major purchases other than our travels. I do not work so there really is no joint ownership because I have not contributed to anything. I plan to go to get a degree later after I become a citizen. We have decide not to have children at this time. So as far as I can see there is nothing else for us to submit other than a letter like you have suggested. There is no other documentation that we have not already submitted. Just worry a letter explaining the state of things is not going to be enough to satisfy the person who sent the RFE.

[winterpark2015 5]

Service center officers have a list of items they go through and your marriage does not need to fit their list at all. You are free to live whichever way you want to live in your marriage. However, if you can't satisfy service center's definition of marriage, they would first ask for RFE and if still not enough, ask for an interview at local office. They could put you guys in separate rooms and cross-interrogate for hours and hours but again nothing should scare you guys if you are in a goodwill marriage. That path just would take longer that's it.

I would welcome an interview, that is no problem. I just don't know how to respond RFE when there is nothing new to send. We have already submitted everything there is to submit. There is no reason to have gotten an RFE we have already submitted everything they are asking for there is nothing new.

[winterpark2015 5]

They are giving you an opportunity to submit evidence of children, if you have them, and jointly owned property, if you have them. Yes, having children is not something you can do on demand. But the fact that the two of you never made a major purchase together is suspicious. Having a house, car, boat, etc., before marrying is not an issue. Not sharing ownership of them with your spouse at all is. Like it or not you go by their rules. Residency is a privilege, not a right, and that is why 2 US citizens are not scrutinized. As you can see, your feelings to the contrary are irrelevant.

If you had read my post and responses before you posted you would know we do not have any children or jointly owned property. How is it suspicious we have not made any major purchases together? I have no job, my husband is much older and was very successful in his career. His owns his house and cars out right. He has no debt, he has significance savings and investments that are his that he made before ever meeting me. I am not asking him to give me things that I did not do anything to earn just to make the USCIS happy. We had an agreement before we got married I married him for love not money. I don't know how to respond to and RFE asking for more proof when there is nothing else to send. We have already submitted everything there is to submit.

[rjgacek 6]

What do you suggest USCIS should do to validate a lawful marriage? Please enlighten us.

This person is right, we all know going through this process you have to submit what this agency wants, we have no choice, but her words are 100% correct. I am assuming the majority of people such as myself are going through this process, we are not terrorists. You assume you have sent everything needed to get you out of this process as soon as possible. She is right, even though we have no choice in this process, it is not fair that the USCIS dictates peoples lives. Another thing that is upsetting, people are posting waiting for 7 , 8, 9 months and finally get an RFE, come on where is the logic in this process?? Good luck to you. I too sent in a lot of evidence and documentation , but being retired on social security, my assests are next to none, so , in about 9 months I too will probably get an RFE. I have no home, no property, no 401K , to go joint on, we do have the basics, joint bank account, insurance, auto loan, last will of testament, etc (the basics), but if they want to see vacation homes, yachts, mansions, castles in joint, well they will then have to interview me. Good luck to you again

[rjgacek 6]

We have submitted joint tax returns, joint healthcare insurance, joint car insurance, banks accounts, joint bills, photos vacation receipts, I would think they would be enough. The government would never require two us citizen getting married to turn over all their ownership or property and money before marriage to the other person so why should they have when a us citizen is marring foreigner. I married my husband for love not married I am not interested to have access or ownership of things he obtained before me.

Again Winterpark I agree with you, in the U.S. any debt accumuated by either spouse before marriage is not responsible for that debt, after marriage any debt accumulated makes both spouses responsible. So then why should the personal assets he accumulated before you met and married all be redone to satisify the government to show true love. USCIS proof of love is assets, assets, assets, this proves nothing. Many , Many things can be put into joint names, but that does not prove they live together. Joint accounts, property, cars, houses, etc, is easily obtained, but again, that does not prove that the married couple are living together, so the USCIS method is not full proof. Many people out here scamming the system just so they can get here and enjoy this beautiful country and its wealth and comforts, so they do (USCIS) have a tough job, but their methods of proving love and co habitation leave a lot to be desired. You want to be dishonest going thru this process people will find ways, but joint everything again, does not prove they are living together, that is bottom line.

[Cheezees 1,514]

If you had read my post and responses before you posted you would know we do not have any children or jointly owned property. How is it suspicious we have not made any major purchases together? I have no job, my husband is much older and was very successful in his career. His owns his house and cars out right. He has no debt, he has significance savings and investments that are his that he made before ever meeting me. I am not asking him to give me things that I did not do anything to earn just to make the USCIS happy. We had an agreement before we got married I married him for love not money. I don't know how to respond to and RFE asking for more proof when there is nothing else to send. We have already submitted everything there is to submit.

I did read your post and responses. I know you do not have any but I also explained USCIS's position. Again, no one can demand kids. However, it is still suspicious to have no major joint purchases/assets. Why? Very simple. Those in a fraudulent marriage can produce just as much evidence as you did. Here is where the scrutiny comes into play. If I am marrying a foreigner only for immigration purposes, I am not likely to put their names on any property I already own. Yes, this can happen with legitimate couples but the fact that it is common with "scam" couples is why this is an issue for you. USCIS would not and should not just take your word for it that your marriage is bona fide. For whatever reason, your application came up short. There is no use arguing what you personally think the standards should be. Work on getting them what they want. Edited March 25, 2016 by Cheezees

[winterpark2015 5]

Again Winterpark I agree with you, in the U.S. any debt accumuated by either spouse before marriage is not responsible for that debt, after marriage any debt accumulated makes both spouses responsible. So then why should the personal assets he accumulated before you met and married all be redone to satisify the government to show true love. USCIS proof of love is assets, assets, assets, this proves nothing. Many , Many things can be put into joint names, but that does not prove they live together. Joint accounts, property, cars, houses, etc, is easily obtained, but again, that does not prove that the married couple are living together, so the USCIS method is not full proof. Many people out here scamming the system just so they can get here and enjoy this beautiful country and its wealth and comforts, so they do (USCIS) have a tough job, but their methods of proving love and co habitation leave a lot to be desired. You want to be dishonest going thru this process people will find ways, but joint everything again, does not prove they are living together, that is bottom line.

I can happily send them 1000s of pictures through out the last 3 years. However they seem to only be focused on the money and nothing else other than you have kids. I would think the simple fact that I am very young with no education and no one to support myself without my husband would be a pretty simple indicator that the marriage is real. Most fake marriage are done by a foreigner who has money or ways to support themself and just want a shortcut into immigrating to the USA.