I-751 RFE ... sigh

[Scandi 4,141]

51 minutes ago, Pmenon said:

AOS in the US currently living with my wife, the USC, with her family in NYC. Sorry about that.

 

Re: #4, I will take a look. And yes, we were thinking of getting the family to supply a letter indicating the same. Gosh, this is frustrating.

I-751 is for ROC, not AOS. 

[observatorka 197]

Health insurance documents/benefits enrollment statemens/copies of insurance cards
401k statement showing account holder and beneficiary

Life insurance statement showing holder and beneficiary

[Pmenon 1]

1 minute ago, Y3+E said:

 

 

I included a 401K beneficiary form.  Actually two, since my employer changed providers this year.  

When I initially changed my will to include my wife, my attorney included a statement in the will that my wife was pregnant with my child.  When I changed my will a second time to include my step-children, it cost each of us $500 for wills, trusts, and powers of attorney.  If you can afford do to this, I would go ahead and do this now.  

 

 

Thanks much. For the 401K beneficiary, did it cover the entire length of your marriage? For the first year of my marriage, I didn't have a 401K as my wife and I were living overseas and the foreign company I was working for didn't have this as an option.

 

For the will/power of attorney, is this something I can do now, or will USCIS expect this to be done when we initially got married?

[observatorka 197]

Telephone bills

Utility bills

Hotel bills
If you traveled together ... boarding passes

[Scandi 4,141]

Could also be something as simple as envelopes or letters with both of your names on them (like wedding invitations etc), or some letters with your name on them and then some with your spouse's name on them where all of them show the same address. Or maybe if you adpoted a pet you can show the adoption papers that should be in both your names.

 

You can have the parents write an affidavit where they write that you live together on that address, what you pay in rent etc. Almost like a rental agreement I guess.

[observatorka 197]

2 minutes ago, Scandi said:

Could also be something as simple as envelopes or letters with both of your names on them (like wedding invitations etc), or some letters with your name on them and then some with your spouse's name on them where all of them show the same address. Or maybe if you adpoted a pet you can show the adoption papers that should be in both your names.

 

You can have the parents write an affidavit where they write that you live together on that address, what you pay in rent etc. Almost like a rental agreement I guess.

I had a letter from husband's parents stating that we lived with them to explain lack of utility bills or lease with our names on it.

[Scandi 4,141]

When family and friends send me things from Sweden I always tell them to wite both me and my husband's name on the envelope or package as I'm thinking I might be able to use it as proof later on. I also make sure to add my husband as authorized user on the internet bill and other bills/accounts that I have in my name and he does the same with his. When we filed our taxes we got money back in form of a check, it had both our names on it so I took a copy of that too just in case before we cashed it. There are many small things one can add that you often don't even think about. You can gather a lot during 3 years of marriage/living together.

[Y3+E 25]

5 minutes ago, Pmenon said:

Thanks much. For the 401K beneficiary, did it cover the entire length of your marriage? For the first year of my marriage, I didn't have a 401K as my wife and I were living overseas and the foreign company I was working for didn't have this as an option.

 

For the will/power of attorney, is this something I can do now, or will USCIS expect this to be done when we initially got married?

I was in the same situation, i.e. we both lived together overseas for awhile; it took 11 months to get my wife and step-children's visas, and the 401K plan did not kick in until 15 months into our marriage.  I think the salient point is that after two years of marriage, she is my 401k beneficiary.  

 

I think that the Will is important now, particularly if your attorney cites the fact that your wife is pregnant with your child.  (I highlighted this sentence when sending to USCIS.)  Again, I think that the important point is that you took out a Will regardless of the point of time in your marriage.  (Your attorney, an officer of the court and witnesses will sign your will also.)

[janet3 1,170]

7 minutes ago, Scandi said:

 Or maybe if you adpoted a pet you can show the adoption papers that should be in both your names.

That is an excellent idea....I had never thought of this one....

If you do this you could also add the pets' medical records  (my vet requires an emergency contact also) and city license information in both names....

[observatorka 197]

This is what I had: 

• Copy of Permanent Resident Card
• Personal check in the amount of $590 (Filing Fee & Biometric Services Fee)
• Form I-751
• Signed letters from in-laws explaining lack of utility bills, lease, etc.
• Copy of Social Security Card
• Complete Copy of an Entry of Marriage with a copy of sworn translation (I got married in Poland)
• Copies of Certificates of Temporary Residence Registration (Poland) with sworn translations, proof that we lived together while being in Poland
• Copies of Minnesota driver's licenses
• Copies of joint tax return transcripts (2013, 2014, 2015)
• Joint checking account bank statements I
• Joint checking account bank statements II
• Joint savings account bank statements
• Joint credit card statement
• Verizon bill
• Benefits history (Medical, Dental, Vision, 401k, etc.)
• Car titles, insurance policy history, buyer/seller contracts, car loan application
• Copies of joint Minnesota fishing licenses (2015, 2016)
• Bill for certified translation of my Polish driver's license (paid by my husband)
• Itinerary of my flight to the United States (including bill and credit card statement ...paid by my husband)
• Hotel bills we slept at while travelling (with both names)
• Proof of employment 
• Sworn affidavits from neighbors
• A collection of letters and greetings from friends and family
• Personal pictures

Edited June 12, 2017 by observatorka

[Sukie 1,452]

5 hours ago, Pmenon said:

Hi everyone,t

 

Just got my letter in the mail from USCIS indicating that they needed more evidence of our marriage. I thought all the diligence I put in while preparing the initial packet would have paid off, but alas it didn't. Here's what we submitted, in USCIS's words:

 

1) two affidavits that don't provide original, detailed, specific documentation about the marital relationship (my sister in-law and her husband submitted two identical affidavits on our behalf using a template I found on here - can they resubmit or should we seek out new people?)

2) Chase bank deposit account balance summary that does not indicate joint transaction activity nor the combination of financial resources (we set up a joint account but do not use it frequently as we manage our own finances, even after marriage - same thing goes for credit cards, etc.)

3) 2014 and 2015 tax documents (we have filed married jointly every year since getting married)

4) redacted documents that appear to be an online account printout of benefit elections (I had provided copies of my insurance benefits where I had listed my wife as the beneficiary)

5) copy of emailed travel itineraries

6) partial copy of lease agreement (for a short period of time, we lived together in a different city and therefore had this lease in our names. we currently live with family, so we don't have a lease with our names)

7) photos

 

So my question is ... what now? What else can I provide? I looked at the list of suggested documents that USCIS asks for, and we don't have many of those. The biggest thing we have going, I believe, is that we are expecting our first child together in September. What else can we really provide?

 

Thanks!

The important thing about answering an RFE is to give them what they want.

1)  The fact that your two affidavits used a template and (must have?) looked exactly the same didn't help you.  They can resubmit, but they need to write things in their own words.  When did they meet you (or your spouse)?  Where did they meet him/her?  What did they think about having a foreign spouse in the family?  Are they happy?  Were they a little surprised at first and now they love the spouse?  Boilerplate can be good sometimes, but USCIS wants to know the how, when, where and why of the sister-in-law and husbands' relationship with you.

2)  Submit a letter explaining how you handle your financial life.  Explain what the joint account is used for, why you maintain separate accounts and show how you both pay for things.  Many couples have separate finances.  But what you submitted didn't tell the story of how the two of you live together and do life together.

3)  Get 2014, 2015 and 2016 tax transcripts from the IRS.  Go to www.irs.gov and request them online.  If you can't get them online (I couldn't - some mess-up with my cellphone), they will be mailed to you and you will get them within a week or so).

4)  Your benefit election sheet (what did you redact?) didn't prove that your wife was named as your spouse and beneficiary.  Can you get another document to prove that the "Employee + spouse" is actually your spouse's name?

5)  As others have said - itineraries are not proof.  Boarding passes are proof.  Hotel reservations/invoices that list both names are proof.

6)  Write a note explaining where you have lived for the past three years.  Anything that does not have a lease to support it (like your current living arrangement) should have an affidavit from the landlord/relative.  That affidavit should have the dates of habitation, the amount of money you pay for rent, how the utilities are handled, and, if a relative, the fact that the relative expects you to stay <for how long> or <until some action> or <indefinitely>.

7) photos are good, as long as they really explain things (like wedding photos, family photos, etc.)

 

If you have ultrasound pictures of your pregnancy, enclose those.  If you go ahead and draw up a will (you will need one when that baby comes!), then enclose it - even if you have just done it.  It's an important legal document.

 

Good luck.  You really need to address the SPECIFIC needs identified by USCIS.  You'll be fine - and congrats on the baby!

 

Sukie in NY

[janet&adonis 57]

Not sure when you sent your package, but the filing fee has increased to $680 total, including biometrics. $595 plus $85 biometric fee 

[Pinkrlion 2,704]

Also remember that they want information since u got married, and not during the two years of ur gc approval.  

[N-o-l-a 7,167]

12 hours ago, Scandi said:

Could also be something as simple as envelopes or letters with both of your names on them (like wedding invitations etc), or some letters with your name on them and then some with your spouse's name on them where all of them show the same address. Or maybe if you adpoted a pet you can show the adoption papers that should be in both your names.

 

You can have the parents write an affidavit where they write that you live together on that address, what you pay in rent etc. Almost like a rental agreement I guess.

 

This.  

 

Anything indicating your address, even if not joint.  Is one of you even listed as a covered driver on a family member's car?  

 

As to finances - despite anyone's personal feelings on it, USCIS does appreciate joint accounts for ROC.  Anyone else in the planning stage should utilize them and close them out afterwards if they don't like the concept.

 

However, something to keep in mind for your future OP is that joint accounts might be critical in case of a medical emergency, declining health, or unexpected death.  The money is immediately available to your spouse to handle bills, etc.

[Pmenon 1]

8 hours ago, Sukie said:

The important thing about answering an RFE is to give them what they want.

1)  The fact that your two affidavits used a template and (must have?) looked exactly the same didn't help you.  They can resubmit, but they need to write things in their own words.  When did they meet you (or your spouse)?  Where did they meet him/her?  What did they think about having a foreign spouse in the family?  Are they happy?  Were they a little surprised at first and now they love the spouse?  Boilerplate can be good sometimes, but USCIS wants to know the how, when, where and why of the sister-in-law and husbands' relationship with you.

2)  Submit a letter explaining how you handle your financial life.  Explain what the joint account is used for, why you maintain separate accounts and show how you both pay for things.  Many couples have separate finances.  But what you submitted didn't tell the story of how the two of you live together and do life together.

3)  Get 2014, 2015 and 2016 tax transcripts from the IRS.  Go to www.irs.gov and request them online.  If you can't get them online (I couldn't - some mess-up with my cellphone), they will be mailed to you and you will get them within a week or so).

4)  Your benefit election sheet (what did you redact?) didn't prove that your wife was named as your spouse and beneficiary.  Can you get another document to prove that the "Employee + spouse" is actually your spouse's name?

5)  As others have said - itineraries are not proof.  Boarding passes are proof.  Hotel reservations/invoices that list both names are proof.

6)  Write a note explaining where you have lived for the past three years.  Anything that does not have a lease to support it (like your current living arrangement) should have an affidavit from the landlord/relative.  That affidavit should have the dates of habitation, the amount of money you pay for rent, how the utilities are handled, and, if a relative, the fact that the relative expects you to stay <for how long> or <until some action> or <indefinitely>.

7) photos are good, as long as they really explain things (like wedding photos, family photos, etc.)

 

If you have ultrasound pictures of your pregnancy, enclose those.  If you go ahead and draw up a will (you will need one when that baby comes!), then enclose it - even if you have just done it.  It's an important legal document.

 

Good luck.  You really need to address the SPECIFIC needs identified by USCIS.  You'll be fine - and congrats on the baby!

 

Sukie in NY

Dear Sukie, thank you so much for your response - it helped put me and my mind at ease as right now I'm a bit of a mess. I had a few follow up questions:

 

1) Yes, the two letters they submitted had basically the same content that I suppose was not specific enough. I am going to get some of my friends that have known my spouse and I to submit more specific affidavits of support - I am thinking three in total. Any leads on what an example of a good affidavit letter?

 

2) I earn much more than my wife on an annual basis. We started a joint account with the intent of using it a lot more than we actually have - I end up paying for most vacations and monthly TV/internet bills, and we split the monthly cell phone bill. We pick up groceries on a revolving basis - she'll do one trip, and I'll get the next one. How do we explain and demonstrate all of this?

 

3) Done. I will order the transcripts for all three years and submit them.

 

4) i think i only redacted the actual contribution amounts and the cost of plans that were listed on the benefit sheet - didn't think USCIS needed to see that. I believe the summary sheet showed the name of my wife who was covered under my plan, so I don't know what more i could have done...

 

5) We tend to shred our boarding passes immediately after we return from our trips. I'll have to see if I can get them from the airline, but am not optimistic. Will check about hotels as well. In the event that I can't get either of these, what proof can I show about the numerous trips we've taken over the last 3 years?

 

6) For the first year after we got married, we lived together in Seoul, South Korea. I was living in a corporate paid apartment and so only my name was on the lease and they wouldn't allow a second name on there. After that, we moved to NYC and lived in my wife's family's apartment for 6 months before moving out to Seattle in May 2015, where I had our names on a lease (submitted to USCIS) until February 2016. In February 2016 we moved back to NYC and have been living with family since. I think we can have an affidavit for the most recent move, but what else should I provide?