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Filed: IR-1/CR-1 Visa Country: Germany
Timeline
Posted (edited)

Here's the final cover letter and RFE list for future VJ members' reference--not saying it'll work or not. Thank you all for feedback and suggestions. Will report back with results.

This is an RFE package by [Wife] and [Husband], written in third person for clarity. Regarding their separate last names, due to [Wife]’s academic career at the time of their marriage, [Wife] chose not to change her last name to facilitate tracking of her published research by potential employers in academia when going on the job market. [Husband] considered changing his last name, but encountered resistance from his family members due to it being seen as unorthodox that a man would take the woman’s last name. Thus, they kept their last names separate. Regarding their finances, they made a joint decision not to merge their financial assets at the time of marriage due to having recently observed family members go through a difficult divorce due to commingled assets. They have shared joint financial responsibility (as documented by supporting evidence #10-13 and #20-22) and have a credit card for which they are shared users (evidence #23-25), but they maintain their own set of credit cards, bank accounts, and investments. For investments, they have designated each other as primary beneficiaries in the event of either of their deaths (evidence #14-17). They have one car, which [Wife] purchased used in 2009 without requiring a loan, and [Husband] is not on the car title. They also do not have a joint cell phone plan, as [Wife] has consistently had a phone provided through her work, and [Husband] chose to get a prepaid phone plan to be frugal. They are unable to provide utility bills, as utility costs are included in the rent (as asserted by clause 11 on p.3 of evidence #12)—they have resided in the same residential housing complex ([Name of Housing]) since 2012 (evidence #10-13). They have provided the lease for each shared domicile they inhabited from 2012 to 2016 (evidence #10-13). They currently do not pay rent, as [Wife] works in a live-in position since August 2015 and housing is included free of cost. Regarding rent prior to August 2015, before [Husband] entered the United States in April 2014, they paid their respective domiciles’ rent separately. After [Husband] entered the United States in April 2014, [Wife] paid the rent of their shared domicile until [Husband] was employed in July 2014, after which he shared rent payment responsibility by transferring half the rent cost as well as any outstanding balance in tracked shared expenses (evidence #20-21) from his bank account to that of [Wife] (evidence #22) until [Wife] obtained the live-in position and rent became moot. To explain their multiple apartment transfers within the same residential apartment complex, the 2014 move was from a one-bedroom to a two-bedroom apartment once cohabitation became possible with the spousal visa. The 2016 move was to the staff apartment designated by the live-in position, which took a long time to become available after [Wife]’s hire in August 2015. As additional supporting evidence of a shared domicile, they have included renters’ and auto insurance policies (evidence #18-19) and their driver’s licenses (evidence #26). Finally, as supplemental evidence of bona fide marriage, they have included medical power of attorney forms (evidence #27) and photos taken at various points of their marriage (evidence #28).

Please find the following evidence for bona fide marriage:

0. This cover letter.

1. 2013 Federal/State Tax Returns.

2. 2013 W-2 Form for [Wife].

3. 2013 Lohnsteuerbescheinigung for [Husband].

Foreign earnings statement from Germany, as [Husband] resided and worked in Germany for the entirety of 2013.

4. 2014 Federal/State Tax Returns.

5. 2014 W-2 Form for [Wife].

The W-2 address was not updated to new address by employer, so the address reflects 2013 residence (see #10 for lease of 2013 residence). See #10 and #11 to see lease of 2014 residence, which is the address reflected in #6.

6. 2014 W-2 Form for [Husband].

7. 2015 Federal/State Tax Returns.

8. 2015 W-2 Form for [Wife].

9. 2015 W-2 Form for [Husband].

10. Signed Lease for Residence Prior to 2014.

While [Husband] did not enter the United States until 2014, he co-signed the lease for the residence back in 2011 as seen on the document, and remained on the lease after marriage in 2012.

11. Signed Low-Resolution Lease for 2014-2016 Residence.

Included to demonstrate signature by the owners of the property. They were unable to obtain high-resolution copy of the completed lease.

12. Signed High-Resolution Lease for 2014-2016 Residence.

Included for clarity of names included in #10, but lacking signature by the owners of the property.

13. Signed High-Resolution Lease for 2016 Residence.

14. Beneficiary of [Wife]’s employment benefits.

Full-time employment began in August 2015, and it took approximately a month for benefits to become available, thus the September 2015 date for the beneficiary designation.

15. Beneficiary of [Wife]’s Investment account at Schwab.

16. Beneficiary of [Wife]’s Roth IRA account at Schwab.

17. Beneficiary of [Husband]’s Roth IRA account at Vanguard.

[Husband] does not have non-IRA investment account at this time, nor does he partake in his employer’s 401(K) plan since it is not very good.

18. Renter’s Insurance Policy 2013-2014, 2014-2015, 2015-2016.

Supporting evidence for shared domicile. [Husband] was not added to the renter list until he entered the United States in April 2014. Amendment to 2013-2014 policy to update renter list and change of address to 2014 residence is included and is dated May 2014.

19. Auto Insurance Policy 2013-2014, 2014-2015, 2015-2016.

Supporting evidence for shared domicile. [Husband] was not added to the driver’s list until he entered the United States in April 2014. Amendment to 2013-2014 policy to update driver list is included and is dated May 2014.

20. Screenshot of Splitwise, an online tool used to track shared expenses starting May 2014, two weeks after [Husband] entered the United States, up to April 2016.

Supporting evidence for shared financial responsibility.

21. Spreadsheet export of all tracked transactions from Splitwise starting May 2014, two weeks after [Husband] entered the United States, up to April 2016.

Supporting evidence for shared financial responsibility. Tracked expenses include groceries, gas, rent (until August 2015 due to aforementioned reason), renter’s and auto insurance (labeled “Amica”), and [Husband]’s EFTs to [Wife] to settle any outstanding balances (labeled “[Husband] paid [Wife]”).

22. Bank statements of [Husband] demonstrating ongoing EFTs to [Wife] to balance shared rent and shared expenses starting July 2014 and ending August 2015 when housing became free due to [Wife]’s full-time position.

Supporting evidence for shared financial responsibility. Without rent to skew shared expenses accounting, EFTs have become unnecessary since expenses can be balanced by taking turns on individual purchases.

23. Credit card statements of [Husband] with [Wife] as secondary user for the year of 2014.

Credit card account was opened in May 2014 after [Husband] entered the United States in April 2014.

24. Credit card statements of [Husband] with [Wife] as secondary user for the year of 2015.

In 2015, American Express introduced an annual summary statement function allowing all transactions for a given year to be on a single statement, thus the one-page summary of all transactions in 2015 as opposed to separate monthly statements provided for 2014.

25. Credit card statements of [Husband] with [Wife] as secondary user for the year of 2016.

26. Driver’s License for [Husband] and [Wife].

While [Husband]’s driver’s license was issued in 2014 and therefore displays the 2014 residence’s address, [Wife]’s driver’s license was issued in 2013 and therefore displays the 2013 residence’s address.

27. Medical Power of Attorney (Health Care Advance Directive) for [Husband] and [Wife]

28. Photos of [Wife] and [Husband] at various points between 2012 and 2016.

While they were married in December 2012 (marriage photos were submitted to USCIS during CR-1 visa application process), during 2013 they lived in separate countries. [Wife] is often the one taking photos, and neither are the type to aggressively take couple photos. Thus, they lack couple photos for 2013. Following [Husband]’s entry into the United States in April 2014, there are some couple photos now included on RFE as additional evidence.

Thank you for your consideration.

Sincerely,

[Wife] Date

[Husband] Date

Edited by rysa
Posted

Just sharing my experience we too had the same RFE due to the same reason. I too retained my maiden name and was never an issue and never came up when we had our interview. So on our RFE package we just explained on our cover letter that the utilities and the house are all under my husband since he bought the house even before we got married, we noted that we don't have any kids, we explained that my husband added me to his bank account and all utilities and bills are deducted from that bank account. We printed bank statements since I arrive here till we got married to this year. We printed statements that we are beneficiaries of each other, car title both me and my husband on it, pictures since I got here, ID's showing same addresses, medical EOB's showing I'm under my husbands medical ins.The papers that we sent back for the RFE wasn't that a lot since some of the information was already included on the initial application we had sent out. We just sent back what we have and updated it to include this year. I know everyone's situation is different but I just hope that this helps.

  • 4 weeks later...
Filed: Citizen (apr) Country: Australia
Timeline
Posted

This was apparently enough and we were approved 5/9 and we received the letter today (5/13) informing us of the decision. Thanks for all the input!

I'm so glad that you have been approved! Being a stickler for detail really works! Congratulations!

Sukie in NY

Spoiler

 

Spoiler

Our Prior Journey

N-400 Naturalization

18-Feb-2018 - submitted N-400 online, credit card charged

18-Feb-2018 - NOA1

12-Mar-2018 - Biometrics 

18-June-2018 - Notice of interview received

26-July-2018 - Interview  - APPROVED!!!

26-July-2018 - Oath Ceremony Scheduled

17-Aug-2018 - Oath Ceremony

 

 

Filed: AOS (pnd) Country: Mexico
Timeline
Posted

Good job Rysa!

Spoiler
AOS
Day 0 (4/29/14) Petitions mailed (I-360, I-485, I-765) via Fedex
Day 2 (5/01/14) Petitions delivered to Chicago Lockbox
Day 9 (5/08/14) Received NOAs in the mail
Day 13 (5/12/14) Received biometrics appointment for 06/03/14
Day 35 (6/03/14) Biometrics in Houston TX
Day 48 (6/16/14) Received email & text notification of an interview on 8/12/14
Day 65 (7/03/14) EAD card production
Day 77 (7/15/14) Received EAD
Day 105 (8/12/14) Interview (Approved)
Day 111 (8/18/14) GC received in the mail
ROC
Day 0 (5/16/16) I-751 package sent via USPS Certified Priority Mail (3 lb 0.5 oz)
Day 1 (5/17/16) I-751 package received at CSC lockbox
Day 9 (5/25/16) Check appears as pending transaction-Check cashed
Day 39 (6/24/16) Call USCIS to open case inquiry
Day 73 (7/28/16) Received Biometrics Letter
Day 87 (8/11/16) Biometrics Appointment
Day 205 (12/2/16) I-751 Approved
Day 211 (12/8/16) GC received in the mail
N-400
Day 0 (5/23/17) N-400 package sent via Fedex
Day 10 (6/02/17) I-797C NOA Reject Notice - Outdated version of N-400
Day 11 (6/03/17) N-400 package sent via USPS
Day 15 (06/07/17) Credit Card charged USCIS fee
Day 20 (06/12/17) NOA received 
Day 24 (06/16/17) Biometrics Appointment Letter received
Day 36 (06/28/17) Biometrics Appointment
Day 51 (07/13/17) Online Status changed to "Interview was Scheduled"
Day 58 (07/20/17) Interview Letter arrived
Day 86 (08/17/17) Interview Date - Recommended for Approval
 
henna

 

 
 
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