Notice of intent to deny... what?!

[Usagi_tsukino 89]

29 minutes ago, sparkles_ said:

This is also feeling a lot like psychological testing as well. Shaky couples or, not saying you guys are this, fake couples or couples where one is scamming will usually tap out by now and be onto an easier way to aos versus sticking to the rough ride til the end. Perhaps they are just looking to see if you actually will clarify the issues versus running from them....I'm placing a bet that once you send in your clarification statement and any supporting stuff, your card will show up shortly after. 

Oh i was not shaky at all, i was the complete opposite of shaky Lol, seriously, you should have seen me. I have never been so confident in my life as at the times of talking to uscis   and my husband is never shaky, he is always calm. So i doubt thats that. May be she didn't like when i told her at the 2nd interview "there is no way you will have enough reasons to send us the notice" and she is trying to prove me wrong? Lol
Unfortunately when/if they approve i-130 i will have to make them (yeah, because they will not do it on their own, if they will i will be very surprised) schedule me for fingerprints and request medical, ugh.... at least this will need to be done for sure. 

But yes about the psychological thing, because like i said - why they didn't mail this notice? It definitely was ready, they didnt write it in 30 minutes while we were there... it almost seems like they wanted to check if we will drop the case. Ugh it makes me so mad! How can we drop it? And why? And then do what? 

Edited March 3, 2017 by banana_princess

[sparkles_ 456]

Did you actually say that to the IO??? 

 

Wow. You know, you shouldn't speak to these people that way. Its like you're daring her to find something. You should never be cocky and say things like that to the person who basically holds your future in their hands. I don't advocate kissing someone's ### but in the interview room you have to respect these people and not say anything even remotely sideways as a closing point. 

 

I'll give you an example I used to live in a military base, which of course has a ton of admin offices for various things. If someone was less than average polite while asking for or submitting paperwork for something, the odds were higher that the paperwork would go "missing" or someone would get "behind" til they came to look for it, causing delays and maybe even having to re do whatever they needed if it was time sensitive. It may not be right but everyone knew this was just how it was. 

 

 

 

[Boiler 45,496]

1 hour ago, sparkles_ said:

Did you actually say that to the IO??? 

 

Wow. You know, you shouldn't speak to these people that way. Its like you're daring her to find something. You should never be cocky and say things like that to the person who basically holds your future in their hands. I don't advocate kissing someone's ### but in the interview room you have to respect these people and not say anything even remotely sideways as a closing point. 

 

I'll give you an example I used to live in a military base, which of course has a ton of admin offices for various things. If someone was less than average polite while asking for or submitting paperwork for something, the odds were higher that the paperwork would go "missing" or someone would get "behind" til they came to look for it, causing delays and maybe even having to re do whatever they needed if it was time sensitive. It may not be right but everyone knew this was just how it was. 

That seems to be a common factor and was mentioned about the earlier interview.

[sparkles_ 456]

14 minutes ago, Boiler said:

That seems to be a common factor and was mentioned about the earlier interview.

Can't be doing it that way. It's how you get your stuff figuratively put in file #13

[Usagi_tsukino 89]

@sparkles_ yeah, and I feel like I've been lynched on this forum for that already lol

But I was (and am) very mad - we gave them enough time to investigate whatever they want (120 days, then another 120 days, then another month. Only after this we went to infppass for the first time, that's quite a long time). And we got a RFE that asked for the same papers again, then we got a 2nd interview, and we got all that only when we went there and talked to our officer eventually, and most likely you know that it's pretty hard to make them let you talk to your officer. So they didn't send us anything on their own.

Besides, I know our relationship and I know that I-130 can be denied if: 1) the petitioner doesn't have a right to petition; 2) the relationship don't exist. And I knew none of this is true in our case.

And look at this, 1) even if you substract the period my husband wasn't on the lease, we still lived together for 9 months before getting married according to the lease. 2) where else did he live during these 5 months? On the street? I just don't understand their logic  3) during the period we didn't have the joint account he was sending money to my account, not the other way around (so they can't be thinking I was paying him this way, ugh, I can't even believe I'm typing this lol) 4) we actually couldn't join the accounts because I had no valid passport....

And they say we don't pay rent from our account, didn't send all statements from barcley, never mentioned the other savings account and didn't send photos from bdays - all not true.

The only reasonable question I see is about w2 addresses may be, and about us using mostly credit cards (but again, what was the point of having the 2nd interview if she didn't ask us antything about that....)

I'm also thinking, what if they are satisfied with the explanation but then deny by saying "she didn't mention one of his scars", I know it sounds ridiculous but I won't even be surprised anymore 

[Ash.1101 1,756]

On 3/3/2017 at 4:08 PM, banana_princess said:

@sparkles_ yeah, and I feel like I've been lynched on this forum for that already lol

But I was (and am) very mad - we gave them enough time to investigate whatever they want (120 days, then another 120 days, then another month. Only after this we went to infppass for the first time, that's quite a long time). And we got a RFE that asked for the same papers again, then we got a 2nd interview, and we got all that only when we went there and talked to our officer eventually, and most likely you know that it's pretty hard to make them let you talk to your officer. So they didn't send us anything on their own.

Besides, I know our relationship and I know that I-130 can be denied if: 1) the petitioner doesn't have a right to petition; 2) the relationship don't exist. And I knew none of this is true in our case.

And look at this, 1) even if you substract the period my husband wasn't on the lease, we still lived together for 9 months before getting married according to the lease. 2) where else did he live during these 5 months? On the street? I just don't understand their logic  3) during the period we didn't have the joint account he was sending money to my account, not the other way around (so they can't be thinking I was paying him this way, ugh, I can't even believe I'm typing this lol) 4) we actually couldn't join the accounts because I had no valid passport....

And they say we don't pay rent from our account, didn't send all statements from barcley, never mentioned the other savings account and didn't send photos from bdays - all not true.

The only reasonable question I see is about w2 addresses may be, and about us using mostly credit cards (but again, what was the point of having the 2nd interview if she didn't ask us antything about that....)

I'm also thinking, what if they are satisfied with the explanation but then deny by saying "she didn't mention one of his scars", I know it sounds ridiculous but I won't even be surprised anymore 

As for your 1,2,3

1.) Chances are this ones just them nit picking.

2.) In their eyes it's not their job to care or find out where he was living, it's your job to prove he was living with you

3.) Him sending money could easily be seen as he was purchasing you just like you sending him money could be seen as you paying him



Did you write the occasions on the back of each picture? 


I had a feeling that the lack of financial evidence was going to get you, but the IO seems to have gone above and beyond, my lord.

I gotta say, them looking at your bank statements and narrowing down who spends what is incredible. I didn't realize this was a thing at all, as I usually make most the purchases, I never once thought it could be something scrutinized to where they ask the question of WHY do I make all the purchases?


It's easily possible that you pissed this woman off so much that she fine tooth combed your case to find ANYTHING that could lead you to a denial. Damn.


 

[Usagi_tsukino 89]

@Ash.1101 thanks for your response! 

 

Well i didnt piss her off at the 1st interview thats for sure... and we still had 2nd for some reason. And speaking of 2nd, really i think "piss off" are very harsh words even considering that i told her that she wont have enough reasons to deny us, i mean, her and the lawyer smiled and we continued the interview just fine.... she may not like it for sure, but i dont think we "pissed her off". Especially my husband wouldn't, he is always very nice.

Yes we wrote occasions at the back of the pictures.

1 hour ago, Ash.1101 said:

2.) In their eyes it's not their job to care or find out where he was living, it's your job to prove he was living with you

They have a proof we have been living together since august 2013, which is 9 months before the wedding

 

1 hour ago, Ash.1101 said:

3.) Him sending money could easily be seen as he was purchasing you just like you sending him money could be seen as you paying him

Purchasing me? For what? 

Edited March 5, 2017 by banana_princess

[Usagi_tsukino 89]

So anyway, considering how they said "adding someone to bank account doesnt mean the person has a full access" i assume, adding someone on the lease doesn't mean the person lives at the place as well?   So we will have to get affidavits from relatives and friends who will say that we lived there since such and such. And about the bank, we will go to the bank and ask for some letter saying that we both had full access to the account since january 2015. I think me not having a passport is a good explanation, right? We could not join the accounts before.

(Why is lease and bank statements prove enough for most of the people and we have to go beyond and get affidavits and letters from bank to prove that we live together and have access to the account? I don't get it!  By the way, just talked to a friend of mine who said she and her husband did not have a bank account together at the time of the interview. She overstayed like me, they were approved 3 days after the interview and they did not have joint assets either, pretty much like us minus three bank accounts!)

 

We will explain that we make purchases with credit cards, make copies of them and highlight last for digits, and then last four digits of the transactions from our checking account saying that we made payments to "credit card ending 1234".

 

About w2, not much to say but that we just didnt change the addresses.

 

And the rest on this notice was not true 

(This time we will write the occasions on the front of the pictures lol)

Ugh. There must be some meaning in all this! The fact that we spent two years waiting has to bring us to something better in our life than if we were approved and moved on right away.

Edited March 5, 2017 by banana_princess

[geowrian 22,337]

16 minutes ago, banana_princess said:

So anyway, considering how they said "adding someone to bank account doesnt mean the person has a full access" i assume, adding someone on the lease doesn't mean the person lives at the place as well?   So we will have to get affidavits from relatives and friends who will say that we lived there since such and such. And about the bank, we will go to the bank and ask for some letter saying that we both had full access to the account since january 2015. I think me not having a passport is a good explanation, right? We could not join the accounts before.

Unless I misread it, that's not what they said regarding the bank account:

 

"Additionally, at the time of your initial interview you submitted the first page of a Chase checking account statement for January 2015 addressed to both of you. USCIS notes that it is quite easy to add someone's name as an addressee, but it does not mean, however, that the added person is a joint holder with full access and use to the funds in the account "

 

I think they are saying that having both names in the address does not prove both people are on the account. It's picky, but they are correct. I can add my fiance's name to my mailing address on my accounts right now but she has no access to them. The name on the actual account is still just me. I think a letter from the bank stating explicitly that x and y have been on the account since mm/dd/yyyy would be more in line with what they are looking for here.

[Usagi_tsukino 89]

Just now, geowrian said:

Unless I misread it, that's not what they said regarding the bank account:

 

"Additionally, at the time of your initial interview you submitted the first page of a Chase checking account statement for January 2015 addressed to both of you. USCIS notes that it is quite easy to add someone's name as an addressee, but it does not mean, however, that the added person is a joint holder with full access and use to the funds in the account "

 

I think they are saying that having both names in the address does not prove both people are on the account. It's picky, but they are correct. I can add my fiance's name to my mailing address on my accounts right now but she has no access to them. The name on the actual account is still just me. I think a letter from the bank stating explicitly that x and y have been on the account since mm/dd/yyyy would be more in line with what they are looking for here.

Well, both of our names are on the statements. I dont know, is it mailing address or what, im not sure. We printed out the statements online. But i believe this is exactly what other people do, right? This is what it looks like when 2 people have a joint account. Oh and also it's on our checks (2 names). If they are so picky they could as well check our bank checks, the ones we paid aos fees with Lol. I guess we will send them a void check as well, in addition to the letter from the bank. And i'll also ask the bank for some paper saying that a foreign national needs a passport. Oh god.....!!!!  not enough smiley faces on this forum to express my amusement 

[AlinaB 43]

1 minute ago, banana_princess said:

Well, both of our names are on the statements. I dont know, is it mailing address or what, im not sure. We printed out the statements online. But i believe this is exactly what other people do, right? This is what it looks like when 2 people have a joint account. Oh and also it's on our checks (2 names). If they are so picky they could as well check our bank checks, the ones we paid aos fees with Lol. I guess we will send them a void check as well, in addition to the letter from the bank. And i'll also ask the bank for some paper saying that a foreign national needs a passport. Oh god.....!!!!  not enough smiley faces on this forum to express my amusement 

Before our interview we intend to get a signed proof of accounts and balances from our bank. It's not the same as a statement at all. It lists who is on the account, what level of ownership, and the balance. 

 

I really hope you both have a happy ending, I'm getting more nervous now because I never thought many of the things they questioned were problematic. 

[geowrian 22,337]

7 minutes ago, banana_princess said:

Well, both of our names are on the statements. I dont know, is it mailing address or what, im not sure. We printed out the statements online. But i believe this is exactly what other people do, right? This is what it looks like when 2 people have a joint account. Oh and also it's on our checks (2 names). If they are so picky they could as well check our bank checks, the ones we paid aos fees with Lol. I guess we will send them a void check as well, in addition to the letter from the bank. And i'll also ask the bank for some paper saying that a foreign national needs a passport. Oh god.....!!!!  not enough smiley faces on this forum to express my amusement 

I'm sure others have only used printed statement fine. However, it seems like they are looking for a reason to find issues, so the letter from the bank is likely what they will need to believe it. I intend to use the letter from the bank myself. I don't think the check thing would be enough as that could have been added afterwards.

 

I hear ya...best wishes.

Edited March 5, 2017 by geowrian

[Usagi_tsukino 89]

13 minutes ago, AlinaB said:

Before our interview we intend to get a signed proof of accounts and balances from our bank. It's not the same as a statement at all. It lists who is on the account, what level of ownership, and the balance. 

 

I really hope you both have a happy ending, I'm getting more nervous now because I never thought many of the things they questioned were problematic. 

Good to know! Thank you for that. 

Well, at least now we all know what they can be like and be more prepared. Damn, i'll be saving like everything now and taking pictures all the time hahaha (good, actually, because my husband doesnt like being photographed but now i can use uscis as an argument for the future Lol! And i want pictures most of the time. It's memories )

Edited March 5, 2017 by banana_princess

[Ash.1101 1,756]

Let us know what goes on after this.



But yeah, for the most part I keep EVERYTHING. I don't think we'll have any ROC issues, but you never know. I have a box for anything paper that I can't readily print online, and I have a folder on my computer for things I can print, such as bank statements, paperless bills, etc.

[Usagi_tsukino 89]

9 hours ago, Ash.1101 said:

Let us know what goes on after this.



But yeah, for the most part I keep EVERYTHING. I don't think we'll have any ROC issues, but you never know. I have a box for anything paper that I can't readily print online, and I have a folder on my computer for things I can print, such as bank statements, paperless bills, etc.

Yeah, i sure will. We have an appointment with our lawyer on Thursday.

I threw away bunch of plane tickets, deleted emails from long time ago, didnt take photos we could have taken (we still have quite a lot photos though)...well actually those photos wouldn't help i suppose since they want pictures from god damn halloween!  My husband actually works almost all holidays. What are we supposed to do, take a photo of us at home before he goes to work every october 30? lol. And i don't go out to celebrate it either, i don't really like halloween. This is so unbelievable. If they deny it at least i hope the board of immigration appeals will have a good laugh over these reasons.

I was just soooo sure that we wont have any problems because we have been dating for a few years and we DO have photos from this period and we lived together for a while before the wedding and even had a lease except for those few months... which i would never think would matter, it was over a year before the wedding, why are they picking on this?  So yeah, did not expect all this at all. 
Also, i hate saying this but i read on some forum that it was an issue for one couple (most likely this was an issue, because there was nothing else, and their aos took 5 years during which uscis was just picking on them similar to what they do to us), - they were a white women and black man. Well, not our case either.