ROC Evidence Suggestions

[yuna628 9,718]

Hi all,

 

We are due to ROC coming up next year and we're always thinking about what documentation we have on us vs what documents might best be required.

 

What we do have:

 

Photos

receipts for lots of stuff we've purchased, furnishings, food, tickets, hotel reservations, car repairs, trips etc.

cards to each other

cards addressed to both of us

joint bank account and statements

driver's license/IDs

our old joint health insurance cards/policy

our new joint health insurance cards/policy

joint dental insurance

his life insurance policy via work showing me as beneficiary

his work pension plan showing me as beneficiary

my life insurance policy showing him as beneficiary

joint credit card and statements (the statement is in his name but I am an authorized user and have a card too)

joint phone bill

Last Wills, Living Wills, POAs/Medical directives for both of us

library cards

receipt for dog adoption fee

 

What we don't have yet:

 

He didn't start working until Jan, so we will be filing our first joint taxes in 2018, we should have that done by the time we ROC, so we should be able to provide that. I do not work and continue to care for my mom. He has a great job now that provides for us just fine, and we continue to save up so that we can afford an apartment close by ideally in another year or so.

 

We live in the upstairs apartment in my parent's house, rent free. We do contribute money for groceries and other money for things as needed. We've paid for a few house repairs/septic clean out as well. But we have no lease or agreement or anything like that we can provide. My dad allows him to drive one of his old cars that is paid off, so no bill there. I don't feel we have enough credit built up yet to buy a new car, though I suspect we'll have to do that eventually as the car continues to break down. We provide money for the insurance on the car which is in my dad's name. I had asked about dad transferring the title on the hunk o' junk, but he is hesitant because it would require a vehicle inspection that we are not sure it will pass due to how old the car is (seriously we've had an ongoing issue with the car four times just this month). That being said, even if we did transfer the title, it would still be in my husband's name, and not us jointly, as I don't drive.

 

We can provide written statements from my parents and sister that live here.

We could provide written statements from friends. Do these need to be notarized?

We can provide a statement regarding our living situation.

 

That's all we have so far. Do you think this will be enough? Or do you think there is something else we need to be gathering now that would be additional good evidence?

 

Thanks.

[gregcrs2 1,778]

I think you have way more than enough!  Any statements from family/friends would only be secondary evidence which would be of little value compared to the primary evidence you already have.

[johncali9 6]

23 minutes ago, yuna628 said:

Hi all,

 

We are due to ROC coming up next year and we're always thinking about what documentation we have on us vs what documents might best be required.

 

What we do have:

 

Photos

receipts for lots of stuff we've purchased, furnishings, food, tickets, hotel reservations, car repairs, trips etc.

cards to each other

cards addressed to both of us

joint bank account and statements

driver's license/IDs

our old joint health insurance cards/policy

our new joint health insurance cards/policy

joint dental insurance

his life insurance policy via work showing me as beneficiary

his work pension plan showing me as beneficiary

my life insurance policy showing him as beneficiary

joint credit card and statements (the statement is in his name but I am an authorized user and have a card too)

joint phone bill

Last Wills, Living Wills, POAs/Medical directives for both of us

library cards

receipt for dog adoption fee

 

What we don't have yet:

 

He didn't start working until Jan, so we will be filing our first joint taxes in 2018, we should have that done by the time we ROC, so we should be able to provide that. I do not work and continue to care for my mom. He has a great job now that provides for us just fine, and we continue to save up so that we can afford an apartment close by ideally in another year or so.

 

We live in the upstairs apartment in my parent's house, rent free. We do contribute money for groceries and other money for things as needed. We've paid for a few house repairs/septic clean out as well. But we have no lease or agreement or anything like that we can provide. My dad allows him to drive one of his old cars that is paid off, so no bill there. I don't feel we have enough credit built up yet to buy a new car, though I suspect we'll have to do that eventually as the car continues to break down. We provide money for the insurance on the car which is in my dad's name. I had asked about dad transferring the title on the hunk o' junk, but he is hesitant because it would require a vehicle inspection that we are not sure it will pass due to how old the car is (seriously we've had an ongoing issue with the car four times just this month). That being said, even if we did transfer the title, it would still be in my husband's name, and not us jointly, as I don't drive.

 

We can provide written statements from my parents and sister that live here.

We could provide written statements from friends. Do these need to be notarized?

We can provide a statement regarding our living situation.

 

That's all we have so far. Do you think this will be enough? Or do you think there is something else we need to be gathering now that would be additional good evidence?

 

Thanks.

- Bank statements (checking and saving accounts) showing joint ownership

 

- Tax Return Transcript for the 2 years  from Internal Revenue Service (married filing jointly0

[yuna628 9,718]

Just now, johncali9 said:

- Bank statements (checking and saving accounts) showing joint ownership

 

- Tax Return Transcript for the 2 years  from Internal Revenue Service (married filing jointly0

If you can see from our list, we do have joint ownership bank statements

We will not have a transcript for 2 years. He only started working this January 2017 (that means taxes will be coming up in April). I do not work.

[divorcedgayman 11]

20 minutes ago, yuna628 said:

We will not have a transcript for 2 years. He only started working this January 2017 (that means taxes will be coming up in April). I do not work.

 

Even if one partner is not working, you can still file taxes jointly (or at least marking yourself as married). Did you do that? Or, did you file as "Single" in previous years despite being married? If the latter, it might be problematic.

[optlh0 19]

40 minutes ago, gregcrs2 said:

Any statements from family/friends would only be secondary evidence which would be of little value compared to the primary evidence you already have.

Towards the bottom of the I751 filing instructions there's a section called 'Evidence of the relationship' which lists out things to submit. Under number 5 it says 'Affidavits sworn to or affirmed by at least two people who have known both of you since your conditional residence was granted and have personal knowledge of your marriage and relationship. (Such persons may be required to testify before an immigration officer as to the information contained in the affidavit.) The original affidavit must be submitted and also contain the following information regarding the person making the affidavit: his or her full name and address; date and place of birth; relationship to you or your spouse, if any; and full information and complete details explaining how the person acquired his or her knowledge. Affidavits must be supported by other types of evidence listed above.'

 

Secondary or not the way it's worded appeared to us as though they were specifically asking for this. We got notarized statements from two friends and submitted multiple pictures of us with them at different points during our relationship. We also submitted multiple pictures of ourselves with each others families during special occasions. Birthdays/holidays, etc.

 

Don't forget to make copies of the front and back of your green card and submit that as well. Good luck!

[gregcrs2 1,778]

36 minutes ago, optlh0 said:

Towards the bottom of the I751 filing instructions there's a section called 'Evidence of the relationship' which lists out things to submit. Under number 5 it says 'Affidavits sworn to or affirmed by at least two people who have known both of you since your conditional residence was granted and have personal knowledge of your marriage and relationship. (Such persons may be required to testify before an immigration officer as to the information contained in the affidavit.) The original affidavit must be submitted and also contain the following information regarding the person making the affidavit: his or her full name and address; date and place of birth; relationship to you or your spouse, if any; and full information and complete details explaining how the person acquired his or her knowledge. Affidavits must be supported by other types of evidence listed above.'

 

Secondary or not the way it's worded appeared to us as though they were specifically asking for this. We got notarized statements from two friends and submitted multiple pictures of us with them at different points during our relationship. We also submitted multiple pictures of ourselves with each others families during special occasions. Birthdays/holidays, etc.

 

Don't forget to make copies of the front and back of your green card and submit that as well. Good luck!

This has been discussed here on VJ for many years.  If an applicant wants to submit an affidavit, that's their choice. It is NOT mandatory.

[yuna628 9,718]

47 minutes ago, divorcedgayman said:

 

Even if one partner is not working, you can still file taxes jointly (or at least marking yourself as married). Did you do that? Or, did you file as "Single" in previous years despite being married? If the latter, it might be problematic.

We BOTH were not working. I do not work. He was not working. If we both had no income we are not required to file.

[yuna628 9,718]

6 minutes ago, gregcrs2 said:

This has been discussed here on VJ for many years.  If an applicant wants to submit an affidavit, that's their choice. It is NOT mandatory.

I know it's not mandatory, but considering our living situation I thought it might provide clarity to the officer, unless I should just explain the situation in a cover letter? My biggest concern was that we do not have a tax transcript for the previous year. We certainly will for this coming tax time though. So I'm hoping that we won't be viewed as having weaker evidence in only providing one transcript. We can only give them what we have.

[gregcrs2 1,778]

Just now, yuna628 said:

I know it's not mandatory, but considering our living situation I thought it might provide clarity to the officer, unless I should just explain the situation in a cover letter? My biggest concern was that we do not have a tax transcript for the previous year. We certainly will for this coming tax time though. So I'm hoping that we won't be viewed as having weaker evidence in only providing one transcript. We can only give them what we have.

If you think affidavits help your case then by all means send it.  Mostly it is people with weak bonafide marriage evidence that would need it to bolster their case. 

 

I would advise you to file your 2016 tax return even though you are not required by IRS due to not having income.  You can probably use the easiest tax form, appropriately named Form 1040EZ.  Looking at your timeline, you entered and married in 2015.  You didn't file joint taxes in 2015 too?  

[yuna628 9,718]

12 minutes ago, gregcrs2 said:

If you think affidavits help your case then by all means send it.  Mostly it is people with weak bonafide marriage evidence that would need it to bolster their case. 

 

I would advise you to file your 2016 tax return even though you are not required by IRS due to not having income.  You can probably use the easiest tax form, appropriately named Form 1040EZ.  Looking at your timeline, you entered and married in 2015.  You didn't file joint taxes in 2015 too?  

No to 2015 either. As I said I do not work and do not earn any income... I'm a caregiver to my mom that was diagnosed with cancer. For AOS, we used our joint sponsor, and I provided a statement attesting to the fact I had no tax returns to offer as I do not work. My husband applied for jobs as soon as he was able to, but was not hired until Jan 2017 (he had an offer on the table for at least 4 months of 2016 but they did not wish to hire him until the start of the new year.. ). It was an unfortunate annoyance for us, but we did have savings to see us through. We would have sent a tax return that basically earned nothing and owed nothing, so as we were advised previously there was no point in doing so.

Edited December 27, 2017 by yuna628

[Scandi 4,180]

1 hour ago, divorcedgayman said:

 

Even if one partner is not working, you can still file taxes jointly (or at least marking yourself as married). Did you do that? Or, did you file as "Single" in previous years despite being married? If the latter, it might be problematic.

I was thinking the same thing. I arrived on a K-1 and filed married jointly taxes with my husband within the first few months of my arrival in the US, I Didn't even have an EAD or anything, absolutely no job. We will have 3 tax return transcripts (filed jointly as married) by the time I need to file for ROC.

Edited December 27, 2017 by Scandi

[yuna628 9,718]

5 minutes ago, Scandi said:

I was thinking the same thing. I arrived on a K-1 and filed married jointly taxes with my husband within the first few months of my arrival in the US, I Didn't even have an EAD or anything, absolutely no job. We will have 3 tax return transcripts (filed jointly as married) by the time I need to file for ROC.

Scandi: was your husband working? IF one spouse is working...then taxes get filed. In our case BOTH of us were not working. I know it might not be typical, but that was the situation we were in.

[gregcrs2 1,778]

Just now, yuna628 said:

Scandi: was your husband working? IF one spouse is working...then taxes get filed. In our case BOTH of us were not working. I know it might not be typical, but that was the situation we were in.

Yes, your case is not typical.  But I would suggest when filing for ROC that you explain why you haven't filed taxes since being married.  Just to avoid an RFE.

[Wuozopo 4,293]

2 hours ago, yuna628 said:

We can provide written statements from my parents and sister that live here.

We could provide written statements from friends. Do these need to be notarized?

Let your parents' statement include everything about your living rent free, use of truck, and specific things you have paid for. That way a lot is explained about your situation. It does not have to be notarized. 

 

2 hours ago, yuna628 said:

receipts for lots of stuff we've purchased, furnishings, food, tickets, hotel reservations, car repairs, trips etc.

If these don't have both of your names on the receipts, then probably not of much value showing "jointness".

 

i think you have solid evidence. I wouldn't worry about getting the truck in you name just for USCIS. My wife didn't put my name on utilities, or on the deed for her house and we still passed just fine.  For the credit cards, since both our names did not appear on the statement we photocopied the cards side by side showing same acct number/each of our names. Cover some middle numbers so you aren't mailing off your full account number. 

 

I understand your tax situation as explained in the first instance. It's fine. It would be goofy to file a tax return with no income, no W2, etc just for USCIS. The only reason to file 2015/2016 would be if you had any income at all and some money got held out for taxes. You could get that back by filing. It sounds like you had zero income those years so I wouldn't file either.  You will have your 2017 return to send. Good enough IMO.

Edited December 27, 2017 by Wuozopo