Notice of intent to deny... what?!

[David & Diana R 1,005]

I already asked to drop that, but alright. What do you think i did? I only told her that in no way she will have enough reasons to deny us. And i was simply answering the questions, however i know that my feelings were written on my face. Anyway i did nothing to be called "an idiot". There is a difference between attitude and disrespect/racism/nationalism (in case of turban). Attitude towards a person based on how they treat you. And forgetting about people's case for a year knowing that their lives depend on it and not even apologizing for it is not the best way to treat people.

I really hope we are done here. I don't want to change the subject, i got the point of the most of you about how we always should be nice and everything.

I also thank those who said that i could be the reason, that was helpful.

I already asked to drop that, but alright. What do you think i did? I only told her that in no way she will have enough reasons to deny us. And i was simply answering the questions, however i know that my feelings were written on my face. Anyway i did nothing to be called "an idiot". There is a difference between attitude and disrespect/racism/nationalism (in case of turban). Attitude towards a person based on how they treat you. And forgetting about people's case for a year knowing that their lives depend on it and not even apologizing for it is not the best way to treat people.

I really hope we are done here. I don't want to change the subject, i got the point of the most of you about how we always should be nice and everything.

I also thank those who said that i could be the reason, that was helpful.

For the record: I NEVER called you an idiot. I'm out.

[Amy_and_Victor 159]

No, Victor, i actually asked you a question without being sarcastic or anything. I just don't see how this [that we got together before his divorce was finalized] can make them think that our marriage is fake and was hoping you'll explain your point of view, and i still do, if you don't mind. May be they way i write "sound" mean to you? I don't mean anything like that, i promise. I do not think your opinion is invalid and do not disagree, i asked you all for your opinions to consider them.

Im really sorry you got this vibe, i did not mean anything like that.

You don't have to be sorry but I think for USCIS it's not only "fake marriage" concern. They consider a lot of things, and even if your marriage is legit it doesn't mean AOS will be approved. Unfortunately, USCIS can deny the application based on very different reasons, that's why I say you need to wait for the reason of denial. Like I mentioned, even living together with USC legally married to another immigrant may be a big red flag for USCIS, and it's not the only flag you have. I would say just wait, there is not much reasons to speculate about now, USCIS notice will clarify the situation better. All I can say (and what I mentioned in my last post) you have a few red/yellow flags for USCIS to look at and all together it may cause a denial because your case is not a straight forward, it has some serious bumps for USCIS.

- Victor from Russia

[Amy_and_Victor 159]

The biggest problem is that USCIS doesn't have to prove anything. You have to prove that you're eligible for the privilege to get a GC. And if USCIS doesn't think you proved it enough, you will be denied. US residence/ctizenship is not a right, it's a privilege that has to be earned and proven by the applicant. If USCIS doesn't think you deserve it, you will be denied, even if it seems unfair.

- Victor from Russia

[Merrytooth 5,748]

What country are you from?

[Ban Hammer 13,345]

several posts removed for continuing to instigate drama.
one member thread banned.
post constructively or do not post.

[Villanelle 4,122]

I didnt see any thread on VJ about an RFE about a joint TV..? do you have a link where you posted about it? Its ok if you dont.

I can understand that you are really frustrated with how slow things are going. Theres really nothing I can say about that except try to keep it in perspective- you are together with your spouse, you are able to work, and you could travel (but I wouldnt recommend it because if a decision comes down and you are outside of the US you can get stuck outside). The USCIS just moves slow, like sllllloooooowwww. They have a different concept of time then the rest of us I suppose. Youll probably be married long enough for the 10yr card at this point which is great- but it also means since you arent going to do ROC that they are going to evaluate you a bit harder, well, maybe harder isnt the right word. Its almost like since the 2yr conditional point has passed they expect you to submit your 2yrs of roc type continuing bonafide evidence in the packet they consider when issuing the 10yr card.

So its not like people that get the 10yr card avoid showing all the roc type evidence- they just submit it all at once for review for the 10yr card instead of little evidence for a conditional card and then more evidence for a 10yr card.

Youre going to have a lot more evidence to sort through and its going to take longer. The weird rfe may have been related to getting more proof of the ongoing marriage towards getting the 10yr card and not the original submission which was for the conditional card (which has long gone).

--

But I dunno, many people date while "separated" but not legally divorced. Many people also wait until the last minute to finalize divorces so they can petition for their new partner. Its not an uncommon situation. The situation itself is not really enough to hold up as a denial reason. They would need something else to attach to it. Which is why I suggest speaking to the ex if at all possible to see if there was anything in her citizenship packet or interview about the marriage that may be causing an issue.

A lot of people do seem to find themselves in suspicious situations like having relationships overlapping and USCIS has no additional smoking gun yet they will hassle the couple to see if they shake them enough anything will come out. If thats the case then sadly you will just have to go with the process of appeals or motions or whatever your lawyer feels is the right path and just be persistent with your application until its approved.

Ive also heard of situations where a couple is hassled but they push through it and are successful. Later on its found out by one of the parties (either the USC or the immigrant) that there was something 'wrong' or secret that they didnt know about. It then makes a lot more sense looking back on why they were hassled. I dont think you need to obtain your own background checks- but have you suggested to your husband that perhaps you guys should? Someone with a ghost in their past will not want to go down that path. So if you bring it up and he is incredibly resistant- it could be an indication there is something there he doesnt want you to see. In a really odd way the 'hassling' is an attempt by USCIS to protect one of the parties from getting involved in a bad situation. Not everything they discover in their course of investigation is enough to be a bar to preventing benefits from being issued and not everything they discover is necessarily allowed to be presented to the couple if you understand what Im saying. To make a very extreme example if one party was OJ Simpson- accused of dv and murder but not convicted- well theres no conviction so theres no actionable course for USCIS to say hes a risk to the intended immigrant. USCIS cant ask OJ for stuff about a case he was cleared on and can not use it to say hes of poor moral character and likely in an illegit relationship now. The best they can do is hassle and deny and be petty and force the couple to fight for it with the hopes that the other party will wonder why such a fight and maybe the issue will come out.

This may not be your case- I really hope it isnt, but I am throwing it out there because it happens.

-

If you had a chance to read through the doc I linked you youll see how its broken down into weighing the negatives against the positives. Something solid needs to be in the negative side and it has to be more then just a feeling or speculation on their part for it to stand. Which means they may be able to 'bully' you around a bit but when/if it goes to appeals/court there has to be something solid for it to hold up.

Anyway- I hope you get your notice soon! Try to enjoy the rest of the holiday season, Im sure things will work out how they are suppose to in the end.

[Ash.1101 1,756]

Should we add him to the electric bill now? Thats the only bill we pay. But isn't it too late and they can say "oh they just add him now not 3 years before..."

In both our names: lease, 3 bank accounts.

We do not have a car/life insurance

And they don't need mine or his moms name for the phone bill, they only need one person.... there is nothing we can do about it really... Same address is shown on the cell phone bill and electric bill.

So you only have the lease and three bank accounts in both of your names, and then you both have things in your own names that only exist separately, like credit cards and such.

That's not very much for a 3 year relationship. Shoot, I'm not even a year in mine and I'm saving anything that has both our names on it for ROC.

And yes, they want BOTH of your names to be on as much as possible. There should be no reason that you can't have both your names on the electric and cell phone bill, or at the minimum get proof that each other are authorized users on the account, even if it's all just for satisfying USCIS.

There's a difference between need, want, and preferred. They don't NEED your name on both the accounts, but they want it and they prefer it and they consider it part of proof of a bonafide marriage.

Not only do they consider it proof of financial trust between the two of you, but it makes it so that both of you are willing to take the fall legally if both of your names are on an account you can't pay. There's accountability for both of you financially, which most relationships share in the eyes of USCIS. If only one person has accountability, it makes it easier for you to part ways too when you get a green card, which is something that USCIS looks out for. Overall, you guys seem very weak in the proof department for what most provide.

While yes, it's too late to add anything, but as someone else said, when you get your NOID you need to try to prepare to have these things as another poster said:

"

• Written affidavits (friends, parents, co-workers, anyone who will put a pen to paper to say you two are the real thing)
• Credit reports (his and hers)
• Proof of cohabitation (do you rent or own?)
• Proof of joint finances
• Proof of joint insurance
• Receipts for any joint assets
• Wedding evidence (including receipts for photographer etc.)
• Any joint travel? Get tickets together and photos
• Photo album"

It seems that the only thing you may have for this is written affidavits, renting together, bank accounts together, MAYBE joint travel(?) and photos, and that's not a lot for a 3 year marriage.

Edited December 29, 2016 by Ash.1101

[Usagi_tsukino 89]

Thanks again Damara! I tried to look for the thread about joint TV but i can't find it, in fact i can only see this one on my profile. Actually i'm not sure if i posted about it at all, may be i mentioned it in some other thread. But basically what happened (RFE from aug 9 2016) is they asked us to submit basic papers such as bank statements, lease, tax return, any loans (don't have), proof of joint ownership of TV/furniture. We bought it before we got married: we use my furniture that i got in 2011 or so and he bought the TV before we started living together.

I was just googling stories about NOID and in most cases they had some really good reasons for it. Like, they visited the house and there was no sign that the husband lived there. But one case was:

"they wanted affidavits from three people claiming knowledge of our marriage

They wanted use to prove we lived to together (we got letter from landlord and affidavits)
They wanted us to show activity on our joint bank account
Show shared bills
Show evidence of honeymoon"

Seems like a simple RFE! So weird. I don't know what happened to the case. I wonder if that's what is going to happen to us too because all our RFEs were weird:

- The one before the initial interview claimed that my husband does not make enough money to be my sponsor even though he does and we submitted all necessary papers. So the lawyer told us to get a letter from his boss and something else i don't remember... i think it was paystubs... we submitted all that and it was fine, but the thing is we submitted tax returns, irs transcripts and wherever else was needed before.

-Second one i just talked about, all same basic papers.

Yeah thats what our lawyer said too, they would have to present something serious.

[Usagi_tsukino 89]

We also have tax returns, so yeah: 3 bank accounts, lease, tax returns for 3 years (including 2016).

We just put my husband on our electric bill, just in case Thanks for the idea about authorized user, we will do that!

We don't really have a lot of things that exist separately besides cc... and i don't know if the phone bill counts in this case. We don't have a car/insurance/big loans

While yes, it's too late to add anything, but as someone else said, when you get your NOID you need to try to prepare to have these things as another poster said:

It seems that the only thing you may have for this is written affidavits, renting together, bank accounts together, MAYBE joint travel(?) and photos, and that's not a lot for a 3 year marriage.

I don't see this post, was it about my marriage? If yes, it's not MAYBE

Edited December 29, 2016 by banana_princess

[Usagi_tsukino 89]

What country are you from?

I'm from Russia. His ex is from Japan. My husband is a us citizen by birth (no russian or japanese decent). Pretty diverse

[Usagi_tsukino 89]

Alright! Added authorized users to 4 of our CCs. I think they will be ok that i have a victoria's secret cc and such on my own right? lol

Why didn't we do this before?! Well because we didn't care since our marriage is bona fide.... I really hope this thread will be helpful to someone in the future, they will see it and will take care of stuff.

Thank you Ash.1101!

[grumpybrit 22]

Alright! Added authorized users to 4 of our CCs. I think they will be ok that i have a victoria's secret cc and such on my own right? lol

Why didn't we do this before?! Well because we didn't care since our marriage is bona fide.... I really hope this thread will be helpful to someone in the future, they will see it and will take care of stuff.

Thank you Ash.1101!

Excellent! Do you trip any other red flags (large age gap between the two of you, long time spent apart since being wed...)?

[Ebunoluwa 6,136]

If this was about financial issues they would have RFE'ed you about it or mentioned it.
If you want to add financial stuff look over the ROC list in the guides where you can find lots of ideas on

co mingled things to use. I don't think that is the issue though.

[Usagi_tsukino 89]

Excellent! Do you trip any other red flags (large age gap between the two of you, long time spent apart since being wed...)?

5 years difference, he is older... spent every single day together since the beginning of 2013 (wow )

[Usagi_tsukino 89]

I can understand that you are really frustrated with how slow things are going. Theres really nothing I can say about that except try to keep it in perspective- you are together with your spouse, you are able to work, and you could travel (but I wouldnt recommend it because if a decision comes down and you are outside of the US you can get stuck outside).

We are not traveling abroad actually, just in US... I never applied for AP because i thought it's too risky to leave the country. So no family visits and such, my husband actually never met my family but i guess uscis can't hold it against us under these circumstances.

Edited December 29, 2016 by banana_princess