Request for Evidence

[Doyle 0]

Hi all,

My wife (USC) and I submitted our I-751 in October of last year and within two weeks got a letter extending my GC for a year. I had heard nothing further until today, when got the following letter: (TX service center)

REQUEST FOR EVIDENCE

This office is unable to complete the processing of your petition without further information. Please read and comply with the request below, then submit the requested evidence to the address on the accompanying gold sheet. Please include this notice and the gold sheet on top of your response. Please submit copies of the following:

1. Your federal tax return transcripts printed by the Internal Revenue Service for years 2004 and 2005.

2. Actual bank statements for the past 12 months indicating you and your spouse as joint account holders. Each statement must show the account's balance and transaction history.

3.Property/warranty/mortgage deeds indicating they were recorded (not just notarized) with your local or state government, mortgage loan statements, property tax documents, unexpired leases, or home insurance records of your current residence.

You must submit the requested information within 12 weeks from the date of this letter. Failure to do so may result in the denial of your petition.

Ok, well here is the problem. My wife and do not have joint bank accounts and never have had. Also, my wife owned her house before we met, so all of the mortgage documents/property tax docs etc are all in her name. Help! What on earth do we do? I didn't realise that having a joint bank a/c was a requirement to lift conditional status. We submitted in October everything we had in joint names including electricity bills, car insurance, tax returns (looks like they are asking for this again), notarized documents which we both signed when we refinanced, my wife's benefits going back to 2004 showing me as beneficiary etc.

I am very concerned by this turn of events, as we have had a smooth process this far. Has anybody else had to do this? I would really appreciate advice and help. Thanks for reading guys!

D.

[akdiver 3]

Ok, well here is the problem. My wife and do not have joint bank accounts and never have had. Also, my wife owned her house before we met, so all of the mortgage documents/property tax docs etc are all in her name. Help! What on earth do we do? I didn't realise that having a joint bank a/c was a requirement to lift conditional status. We submitted in October everything we had in joint names including electricity bills, car insurance, tax returns (looks like they are asking for this again), notarized documents which we both signed when we refinanced, my wife's benefits going back to 2004 showing me as beneficiary etc.

I am very concerned by this turn of events, as we have had a smooth process this far. Has anybody else had to do this? I would really appreciate advice and help. Thanks for reading guys!

D.

1). Request the tax returns from the IRS. You can try going to a local office and see if you can get transcripts printed, but I heard they stopped doing this (local office told me this). This will take a while, so do not delay. In your request, state why you are asking for them, and ask for urgent processing. Once you get them, forward them to USCIS as per your instructions.

2). Write letter to USCIS explaining you do not have the bank statements you are looking for. Point out that you didn't know such an account was "required", that you have now opened such an account, and that proof/paperwork is included.

3). Write letter to USCIS indicating your mortgage situation.

3). Write letter to USCIS stating tax transcripts have been requested from IRS and indicate you will forward them to USCIS once they are received.

You can put it all in just one letter. Bottom line is that you can't produce proof you don't have, and doesn't exist, so why worry about it? But respond to their request ASAP with whatever you have to say.

Although having a joint checking account is not required, it is pretty foolish not to have one, considering the value to USCIS in the removal of conditions process. We opened one specifically for this purpose, and used it some to show that it was more than just for show. We also each have individual account as well. For our evidence, we only included proof of the joint account. FWIW, we also have a joint credit card account, for which proof was enclosed.

Our mortgage situation was the same as yours - we didn't include anything along these lines, and were not asked for any.

We were not asked for tax transcripts, but I did include copies of our returns in my initial package.

Having a joint credit card should help you - get one and include a statement if you do not already have one. If you do, then just include the statement.

Cheers!

AKDiver

[meauxna 15]

First of all, don't panic.

Hit it one thing at a time and remember that the only thing you do NOT want to do with an RFE is ignore it or what it says.

1. Your federal tax return transcripts printed by the Internal Revenue Service for years 2004 and 2005.

Simple, right? These should be included with every I-751--as many years as you have available.

2. Actual bank statements for the past 12 months indicating you and your spouse as joint account holders. Each statement must show the account's balance and transaction history.

It is not a requirement to have a joint account. This is an interesting puzzle, but you must have a reason for doing it and you don't have to tell us what that reason is. You DO have to tell CIS what your reason is. If you have a way of working out how to pay your household expenses where both of you contribute, details it (ie: some couples split the utils--he pays gas + electric and she pays TV + internet etc). Bills in only one or the other name can make a clear picture when put all together. You are trying to show that you have a household and shared life together. Remember the objective--how do the different pieces of your puzzle fit together, and do they paint an accurate picture of your life?

3.Property/warranty/mortgage deeds indicating they were recorded (not just notarized) with your local or state government, mortgage loan statements, property tax documents, unexpired leases, or home insurance records of your current residence.

Break this down.

1-you can be added to the deed without being on the mortgage. You will not get this done and recorded in time unless your county is waaay more efficient than mine. YMMV.

2-all the documents requested can be provided--they won't have both your names on them, but the CAN (ie "should") be included because they've been requested.

3-home insurance might have both your names on it, or easily can. If you are not names, are your personal belongings covered for fire/theft etc? Is this a combo policy with your auto insurance?

You must submit the requested information within 12 weeks from the date of this letter. Failure to do so may result in the denial of your petition.

In case you're not clear, they mean it. Do not ignore this letter!

Look through some old list here from people who have succeeded and see how creative you can get. You must include what they have asked for, or an explanation of why not (as with the bank account) but you can also include other evidence that might tip the balance in your favor. I do not normally think that personal affidavits are the best choice, but you can certainly include some letters from people who know you as a married couple. See the form for instructions.

You likely have a neatnick on your file.. she just wants to tick in all her of her boxes.. or however the officers organize themselves. I would look at this as an administrative chore, realize that some of this info might be duplicate (who knows what may have been misplaced out of your file?) and just do what they ask. Oh yeah, and try to not worry too much.

[Cassie 8]

Look through some old list here from people who have succeeded and see how creative you can get. You must include what they have asked for, or an explanation of why not (as with the bank account) but you can also include other evidence that might tip the balance in your favor. I do not normally think that personal affidavits are the best choice, but you can certainly include some letters from people who know you as a married couple. See the form for instructions.

One of my best friends had a similar problem -- the adjudicator didn't think that she and her husband shared a residence. One of the things she did was get a signed affidavit from the guy who delivered her mail, who attested to the fact that yes, they both live there, and yes, he has delivered mail addressed to both of them at the same address. Pays to live in a small town sometimes.

I agree completely with the sound advice meauxna has given you, and wish you the best of luck as you get this all completed.

[akdiver 3]

A quick look at my records indicates the following were included in my package:

• Benefits forms from employers (for both of us)
  
• Retirement plan beneficiary forms (for both of us)
  
• Unpaid compensation and life insurance beneficiary forms (for both of us)
  
• Receipts for engagement and wedding rings (custom, a fair chunk of change)
  
• Wedding planning info from vendors
  
• Wedding arrangements info from vendors
  
• Copy of actual wedding and wedding photography contract
  
• Copy of marriage certificate and all related apostilles, notarizations, and so forth
  
• Copies of all paperwork sent to Embassy to change wife's name on her passport
  
• Copy of wife's passports before and after name change
  
• Copies of tax returns
  
• Copies of credit reports, showing my is used married name, and we have joint accounts, and living at same address
  
• Statement from our financial advisor showing we are using his services together as a married couple
  
• letter from credit union showing we were approved for a joint auto loan
  
• two credit card statements indicating we have a joint account
  
• two different bank statements showing we have a joint checking and savings account
  
• dentist bill, showing my wife as the patient and myself as the responsible payer
  
• utility bills sent to both of us
  
• auto insurance bills sent to both of us
  
• auto insurance cards sent to both of us
  

I had my documents divided into the following sections:

• Primary financial documents, 2 items
  
• Secondary financial documents, 11 items
  
• Miscellaneous financial documents, 7 items
  
• Auto insurance related documents, 6 items
  
• Legalization of U.S. marriage documents (for use in Russia), 8 items
  
• Personal documents (wedding-related), 7 items
  
• Photos (about 20, from all over the world)
  

Each section had a cover letter, indicating the name of the documentation set, why the documents were included, and a table of contents.

Cheers!

AKDiver

[Doyle 0]

Guys,

Thank you all for your quick and sound advice. Regarding the joint bank a/c, there is no real mystery behind it. It is just something that we have never done. I was attempting to build up some credit here in the US, and not "piggy back" on my wife's credit and we just never got around to it. She pays some bills and I pay others.............

[sparkofcreation 0]

When I did my I-751, I was able to get the IRS to fax my tax transcripts to me. It took about 30 minutes. FYI.

[meauxna 15]

I was attempting to build up some credit here in the US, and not "piggy back" on my wife's credit

Don't be a hero It's the fastest way--why would you not use her credit to build your own?

Moot point now, for this purpose.

Great ideas from akdiver, and you can call IRS and have the transcripts faxed if you have a fax machine handy. They arrive within 14 days (usually less) by mail.

I wasn't sure what to say in my post of the value of opening an account together now, but it certainly can't hurt.

Cassie's idea is great too--someone not connected by relationship to you, but from your community, would make an excellent reference.

You're all over this!

[Yodrak 7]

Doyle,

This looks like a 'cookie cutter' list of typical items. As others have already posted, everyone does not need to submit the same evidence as everyone else. None of these items are essential items that removal of conditions cannot be accomplished without.

The fact that you got this RFE may indicate that whatever evidence you did submit - you haven't told us - was inconclusive. If you can't submit what is being asked for you can, again as others have already posted, explain why you cannot submit these items. And you can submit other items showing a shared life together in their place.

Yodrak

Hi all,

My wife (USC) and I submitted our I-751 in October of last year and within two weeks got a letter extending my GC for a year. I had heard nothing further until today, when got the following letter: (TX service center)

REQUEST FOR EVIDENCE

This office is unable to complete the processing of your petition without further information. Please read and comply with the request below, then submit the requested evidence to the address on the accompanying gold sheet. Please include this notice and the gold sheet on top of your response. Please submit copies of the following:

1. Your federal tax return transcripts printed by the Internal Revenue Service for years 2004 and 2005.

2. Actual bank statements for the past 12 months indicating you and your spouse as joint account holders. Each statement must show the account's balance and transaction history.

3.Property/warranty/mortgage deeds indicating they were recorded (not just notarized) with your local or state government, mortgage loan statements, property tax documents, unexpired leases, or home insurance records of your current residence.

You must submit the requested information within 12 weeks from the date of this letter. Failure to do so may result in the denial of your petition.

Ok, well here is the problem. My wife and do not have joint bank accounts and never have had. Also, my wife owned her house before we met, so all of the mortgage documents/property tax docs etc are all in her name. Help! What on earth do we do? I didn't realise that having a joint bank a/c was a requirement to lift conditional status. We submitted in October everything we had in joint names including electricity bills, car insurance, tax returns (looks like they are asking for this again), notarized documents which we both signed when we refinanced, my wife's benefits going back to 2004 showing me as beneficiary etc.

I am very concerned by this turn of events, as we have had a smooth process this far. Has anybody else had to do this? I would really appreciate advice and help. Thanks for reading guys!

D.

[ihavenoclue 0]

myself and my wife have included a copy of our bank statement in the forms, but i have blanked out the account number...surely thats ok

also i think sending in 12 months worth of bank statements is crazy, so i took a statement from very early last yr so that should be ok???

[diadromous mermaid 36]

2. Actual bank statements for the past 12 months indicating you and your spouse as joint account holders. Each statement must show the account's balance and transaction history.

My wife and do not have joint bank accounts and never have had. Also, my wife owned her house before we met, so all of the mortgage documents/property tax docs etc are all in her name.

Nothing much to add except that the way you present information can fill in some 'gaps" that USCIS may be seeing. You say that you don't maintain a joint checking account, yet each of you pay bills. In essence, USCIS is looking to see that a couple share financial responsibilities and benefits and they live in the same property. If you paid some bills and she paid others, purportedly from individual checking accounts, or even from one checking account, then organise your evidence to show that this was still a sharing of financial responsibility. Since USCIS want to see transaction history for bank accounts, I'd recommend selecting a handful of transactions that are denoted on random statements, find the corresponding bill that relates to the checks issued (hopefully those bills feature either both of your names, or the shared address at least) and tie the remittances with the bills. This should show that the bills were either generated jointly or that if individual, you both took responsibility for them.

A picture can be painted clearly, if these items are packaged together, to show how you manage your financial obligations.

Example:

Doyle has a gym membership at XYZ club, billed monthly at $50.00. The bills goes to Doyle and Mrs. Doyle's residence. Mrs. Doyle paid the March 2004 bill from her checking account, the June 2004 bill was paid by Doyle from his checking account, or Doyle paid the June bill from Mrs. Doyle's account, for which he is an additional signatory.

A bill for Internet service at Doyle's joint residence (featured on the bill) is paid for by Doyle each month. The bill for auto insurance on Mr. & Mrs. Doyles autos, alse featuring the shared residence on it, is paid for by Mrs. Doyle from her individual checking account.

[us1415 0]

first off good luck to the OP for getting everything together for this RFE.

I just have a quick question.....I m in almost in the same situation as the OP when it comes to have a joint checking account. I have not added my wife to mine not because of anything else but the time it takes to accomplish it. She doesnt work and have no account of her own. If I dont show her as a joint account holder would it be too much of a problem with USCIS? I have quite a few things that I m submitting with my I-751 but just want to make sure that not having her on my bank account will not get me an RFE.

The list that i m sending with my I-751

- Letter from the employer stating that my wife is the beneficiary on my employer paid life insurance.

- medical insurance with her and our 2 daughters on

- dental insurance with her and our daughters.

- listed as a beneficiary on my 401K

- electric bill from our appartment that is in her name

- cable bill from our appartment that is in my name

- birth certificates for our 2 daughters listing us as the parents

- lease from the 2 appartments that we lived together listed both of us as the lessors

- jointly filed income taxes for 2004 and 2005.

Will these be suffcient or do I need anything else?

[meredith pa 0]

That's tricky...

I agree that taxes are evidences that you can't forget to send...

Joint bank accounts...we usually have. You could open one...but it is so TRICKY because they ask for 12 months...

now this one gets TRickier...and this is one is not a Fair request in my eyes!!!!!!!!!!!

"3.Property/warranty/mortgage deeds indicating they were recorded (not just notarized)

I'm sure that there are many spouses who owned a house etc, but they are not going to put the deed in both names..mainly those who are divorced more than once and when divorced had to share their assets...

May I ask what was your Evidence list???

What did you send in your package????

and about asking for transcripts...I phone the IRS a few weeks ago, they told they would mail in , but Inever received...I will call them again..I want transcripts just in case...

[akdiver 3]

I have not added my wife to mine not because of anything else but the time it takes to accomplish it.

What time? It takes maybe an hour, including the drive to the bank and back. Surely you can find an hour sometime in the course of many months or a year.

[us1415 0]

I have not added my wife to mine not because of anything else but the time it takes to accomplish it.

What time? It takes maybe an hour, including the drive to the bank and back. Surely you can find an hour sometime in the course of many months or a year.

The documents that they want will require us to spend some time.....thats the time I was talking about...I have already driven to the bank 2 times for this...