POTOMAC (YSC) I-751 Non Transferred Filers ONLY...

[Simply Canadian 35]

5 hours ago, annab864 said:

I am not trying to be too optimistic and get our hopes up, but looks like you might be approved next week! 

Don’t get your hopes up. I got the exact same response on June 4th. We’re now July 10th. 🤬

[USC4SPOUSE 506]

6 hours ago, annab864 said:

Thank you so much, that’s very helpful! I didn’t know I could send more evidence as time goes on without an RFE notice! We had a bank account but the statements i sent them were old, like 2017-2018. Praying that’s enough for them, but we’ll have to see! Also, i filed i751 without a lawyer and with very little knowledge. I thought they needed evidence from the time i received the GC, not the time of the marriage. So some of my evidence had a shorter timeline. Hoping for the best outcome! 

Hmm. I am not trying to be too optimistic and get our hopes up, but looks like you might be approved next week! 

@annab864 You are welcome! I have a friend whose AOS case was in limbo for a long time after his initial interview. He made an info pass appointment and brought all kinds of evidence - phone records, bank records, even phone location records, evidence of getting mail at the same address, etc. They approved him shortly after that. 

Yes, the I-751 instructions do state that they want to see evidence since the date of the marriage. There will be, of course, overlap with the evidence you'd sent for AOS. And that is fine. 

At this point, I guess you could always drop off some evidence if you end up having to get an I-551 stamp at the Field Office. 

Hopefully, they will approve you with what you sent them.  

Edited July 10, 2021 by USC4SPOUSE

[annab864 55]

I got a response and it’s the worst one I could ever imagine receiving!!

 
They claim they sent me an RFE in April 2021, however i have never received a status change , a letter or any kind of notification! Apparently i was supposed to send everything until July 8th, which was 2 days ago!! 
 

What do i even do?? 
 

6 minutes ago, USC4SPOUSE said:

@annab864 You are welcome! I have a friend whose AOS case was in limbo for a long time after his initial interview. He made an info pass appointment and brought all kinds of evidence - phone records, bank records, even phone location records, evidence of getting mail at the same address, etc. They approved him shortly after that. 

Yes, the I-751 instructions do state that they want to see evidence since the date of the marriage. There will be, of course, overlap with the evidence you'd sent for AOS. And that is fine. 

At this point, I guess you could always drop off some evidence if you end up having to get an I-551 stamp at the Field Office. 

Hopefully, they will approve you with what you sent them.  

 

[USC4SPOUSE 506]

1 minute ago, annab864 said:

I got a response and it’s the worst one I could ever imagine receiving!!

 
They claim they sent me an RFE in April 2021, however i have never received a status change , a letter or any kind of notification! Apparently i was supposed to send everything until July 8th, which was 2 days ago!! 
 

What do i even do?? 
 

 

Did you address change? Did you update your records with them?

I would contact them ASAP. Tell them you did not receive it. Take screenshots of your account status for your records and tell them that your account does not show anything. Ask them if they can issue you a new RFE with a new deadline, and also ask them if you can see a copy of that previous RFE. That way you can start gathering the evidence. 

Use this opportunity to gather as much evidence as you can since the date of your marriage. Just overwhelm them with paperwork. They will approve you. 

[annab864 55]

That’s what the RFE also says in case if someone is interested. 

 

not sure what they mean by 2018 tax not showing either of our names or the lease not being signed. So crazy as i was getting copies of our lease from the office directly, they wouldn’t just let the lease be without signatures. 
 

but the craziest part is that i never have received this RFE. Guys, am I screwed? Will my case be denied? Should i hire a lawyer? 

 

[annab864 55]

3 minutes ago, USC4SPOUSE said:

Did you address change? Did you update your records with them?

I would contact them ASAP. Tell them you did not receive it. Take screenshots of your account status for your records and tell them that your account does not show anything. Ask them if they can issue you a new RFE with a new deadline, and also ask them if you can see a copy of that previous RFE. That way you can start gathering the evidence. 

Use this opportunity to gather as much evidence as you can since the date of your marriage. Just overwhelm them with paperwork. They will approve you. 

Thank you! I haven’t addressed anything yet, of course I discover this on a Saturday! Ugh, so mad! My last status update was August 2020 when they received my divorce decree. I took a screenshot of that! Thank you for your help!

[USC4SPOUSE 506]

5 minutes ago, annab864 said:

Thank you! I haven’t addressed anything yet, of course I discover this on a Saturday! Ugh, so mad! My last status update was August 2020 when they received my divorce decree. I took a screenshot of that! Thank you for your help!

You're so welcome! Do not fret and do not lose your cool with them. Do not be surprised if they issue a NOID (Notice of intent to deny). Sometimes the officer will do that because it requires you to submit it within 30 days and they also tend to deal with it faster. 

I would be ready to involve your US Congress representative if it seems like they're giving trouble. 

 

[annab864 55]

3 hours ago, USC4SPOUSE said:

You're so welcome! Do not fret and do not lose your cool with them. Do not be surprised if they issue a NOID (Notice of intent to deny). Sometimes the officer will do that because it requires you to submit it within 30 days and they also tend to deal with it faster. 

I would be ready to involve your US Congress representative if it seems like they're giving trouble. 

 

Absolutely! 
On the previous page you mentioned the table of contents to prove to them that we were paying the bills by using a separate bank account (not joint). While i have old bank statements from the joint account and will be sending them, i would like to create a table of contents and attach my own bank statements as well. Question is - would it look similar to something like an Excel spreadsheet? Dates, bills, amounts? If you have an example, please share! 

[DSOTM1973 52]

3 hours ago, annab864 said:

Thank you! I haven’t addressed anything yet, of course I discover this on a Saturday! Ugh, so mad! My last status update was August 2020 when they received my divorce decree. I took a screenshot of that! Thank you for your help!

 

3 hours ago, USC4SPOUSE said:

You're so welcome! Do not fret and do not lose your cool with them. Do not be surprised if they issue a NOID (Notice of intent to deny). Sometimes the officer will do that because it requires you to submit it within 30 days and they also tend to deal with it faster. 

I would be ready to involve your US Congress representative if it seems like they're giving trouble. 

 

That is incorrect. USCIS changed the rules FOREVER ago, and they don't really issue NOID at Service Office level, and barely on Local Offices anymore. Fail to respond to a RFE means denial if they discover it on time (Most of the time, they don't, and because of COVID is are more loose and added extra months). NOID, when sent, they are usually from Local office, and in lieu of sending a second RFE. 

 

@annab864 Shoud send a response ASAP, and a letter explain that they did not get the RFE. Also, get on the phone with USCIS and try to make them note that on your file (It may take hours if you are lucky)

• Print The Tax Transcript and attach W-2 (If you have). IRS don't show name anymore, just last 4 digit of SSN
• Reprint the lease, and just highlight the names, and put the sig page upfront
• Print all banking statement to ease your mind
• Send any additional financial evidence you got, if any, if not FOCUS ON ADDRESSING WHAT ARE THEY ASKING

Make sure to write a cover letter of what you are sending, and how it correspond to what they are asking like: Attached a full lease with both names signed. If you don't have anything or have a gap in any evidence, just explain it. The bright side is, they specifically want few things from you. PREPARE EVERYTHING, AND SEND IT 2 DAYS SHIPPING OR THE FASTEST YOU CAN AFFORD, and PRINT EVERYTHING. I CANT STRESS ON THAT ENOUGH

[DSOTM1973 52]

2 minutes ago, annab864 said:

Absolutely! 
On the previous page you mentioned the table of contents to prove to them that we were paying the bills by using a separate bank account (not joint). While i have old bank statements from the joint account and will be sending them, i would like to create a table of contents and attach my own bank statements as well. Question is - would it look similar to something like an Excel spreadsheet? Dates, bills, amounts? If you have an example, please share! 

Don't confuse them nor yourself, keep it simple. 

 

Explain how bills where paid, and how the money was join. Like did your spouse transfer you money? was the joint account used for direct deposit? Were the bills split like you pay some, and the spouse pay some? If you send them your own bank statement without joint names, that is confusing, unless your spouse transfer you money..

 

They want to know who paid for what, and how they were paid for, and they want to see expanded pattern. Like since the day of the marriage. Don't skim on paper, nor on explaination. They want to see the joint factor, if not joint, explain it.

[annab864 55]

22 minutes ago, DSOTM1973 said:

 

That is incorrect. USCIS changed the rules FOREVER ago, and they don't really issue NOID at Service Office level, and barely on Local Offices anymore. Fail to respond to a RFE means denial if they discover it on time (Most of the time, they don't, and because of COVID is are more loose and added extra months). NOID, when sent, they are usually from Local office, and in lieu of sending a second RFE. 

 

@annab864 Shoud send a response ASAP, and a letter explain that they did not get the RFE. Also, get on the phone with USCIS and try to make them note that on your file (It may take hours if you are lucky)

• Print The Tax Transcript and attach W-2 (If you have). IRS don't show name anymore, just last 4 digit of SSN
• Reprint the lease, and just highlight the names, and put the sig page upfront
• Print all banking statement to ease your mind
• Send any additional financial evidence you got, if any, if not FOCUS ON ADDRESSING WHAT ARE THEY ASKING

Make sure to write a cover letter of what you are sending, and how it correspond to what they are asking like: Attached a full lease with both names signed. If you don't have anything or have a gap in any evidence, just explain it. The bright side is, they specifically want few things from you. PREPARE EVERYTHING, AND SEND IT 2 DAYS SHIPPING OR THE FASTEST YOU CAN AFFORD, and PRINT EVERYTHING. I CANT STRESS ON THAT ENOUGH

Thank you so much for your advice! Imagine how i feel right now, on a Saturday, where I can’t even do anything but wait until Monday! Will go to the bank and try to get copies of old bank statements, which i pray they have and can give to me since the account has been closed and my ex was the primary holder, despite of both of us being on the account , because I just checked and realized i have no copies left. Never again will i make a mistake of not making tons of copies of things…

 I got more lease agreements from the office, luckily they had them as i moved out long time ago.
As for taxes, we have amended returns for 2018 and 2019, not sure if i should send originals AND amended or just amended returns? 

So far just gathering more and more evidence which is sort of hard to find/restore since we’ve been divorced. 
So you think it’s best to just send everything asap and not wait what USCIS says? I agree, i’d rather send everything and wait, then wait and not take any action. I hope not to go completely crazy by the time they make a decision!

[DSOTM1973 52]

1 minute ago, annab864 said:

Thank you so much for your advice! Imagine how i feel right now, on a Saturday, where I can’t even do anything but wait until Monday! Will go to the bank and try to get copies of old bank statements, which i pray they have and can give to me since the account has been closed and my ex was the primary holder, despite of both of us being on the account , because I just checked and realized i have no copies left. Never again will i make a mistake of not making tons of copies of things…

 I got more lease agreements from the office, luckily they had them as i moved out long time ago.
As for taxes, we have amended returns for 2018 and 2019, not sure if i should send originals AND amended or just amended returns? 

So far just gathering more and more evidence which is sort of hard to find/restore since we’ve been divorced. 
So you think it’s best to just send everything asap and not wait what USCIS says? I agree, i’d rather send everything and wait, then wait and not take any action. I hope not to go completely crazy by the time they make a decision!

• Banks tend to keep statements for 5 years after closure (as far as I know). If your name on was on the account, you can request statements. Give them a call right now, they need your SSN, old address to verify. Don't wait. You can do that on the phone. If it was joint, then you have access
• Yes send both, and I hope the amended are still joint? Again, attach W-2, or even 1040 if you have. Just go to IRS.com and print transcript. It is easy
• Send all leases, full leases, and just make sure your sig page up front to make it easier
• Evidence from the marriage. Did you go for therapy joint or indvidual? Do you have more pics? Text messages? Trips? 401K? health/life insurance? phone record to show daily communications? literally anything to show you both had a life
• Again, don't wait, but don't rush. Pace around to get everything you can, and send it ASAP, and attach a cover letter explaining you never got RFE, mention you changed your address, and detail the evidence submitted, AND if you don't have anything explain it. 

[USC4SPOUSE 506]

@annab864 I do not have a template. All I was saying was that often times a couple has a personal account and out of that account they pay the bills. Or sometimes the bills are in one person's name. Many utility companies only allow one name. So all I was saying is that USCIS is not going to try to make sense of statements and who paid for what. You have to tell them and connect the dots for them. If it takes printing all statements and highlighting and listing all dates of the payment, the bill name and the amount, then that's what you have to do. 

The message I am trying to convey is that commingling of finances is not just having a joint bank account. It is having joint responsibilities - it does not matter if you each pay for those out of a personal account or if you use a joint account. A joint account that people rarely use brings little value to the equation. 

 

I would wait until you receive the RFE. You have to be proactive, request it and explain that you never received it. However, in the mean time, you can gather any evidence since the date of the marriage that you feel may add weight and tip the balance on your favor. We already know you sent evidence since they approved your AOS. Just fill in the gap. 

 

People will tell you they got approved with 15 pages or even with just the I-751 form and no evidence attached to it. LOL

 

I would definitely respond with the specific evidence they are asking for but there is no harm in adding more, if you feel that will help you sleep better at night. 

 

[USC4SPOUSE 506]

@annab864

I would send tax transcripts. That will display everything they need to see. 

 

[annab864 55]

1 hour ago, DSOTM1973 said:

• Banks tend to keep statements for 5 years after closure (as far as I know). If your name on was on the account, you can request statements. Give them a call right now, they need your SSN, old address to verify. Don't wait. You can do that on the phone. If it was joint, then you have access
• Yes send both, and I hope the amended are still joint? Again, attach W-2, or even 1040 if you have. Just go to IRS.com and print transcript. It is easy
• Send all leases, full leases, and just make sure your sig page up front to make it easier
• Evidence from the marriage. Did you go for therapy joint or indvidual? Do you have more pics? Text messages? Trips? 401K? health/life insurance? phone record to show daily communications? literally anything to show you both had a life
• Again, don't wait, but don't rush. Pace around to get everything you can, and send it ASAP, and attach a cover letter explaining you never got RFE, mention you changed your address, and detail the evidence submitted, AND if you don't have anything explain it. 

 

1 hour ago, USC4SPOUSE said:

@annab864

I would send tax transcripts. That will display everything they need to see. 

 

IRS website has always worked against me, it never let me print transcripts out online, i always had to wait for the transcripts in the mail. They claim they are protecting our identity but it seems like they are making our access almost impossible. It won’t even let me verify my credit card/car loan number, or my phone number. So i have 1040s prepared by an accountant (i have 1099, i am self-employed), if i want this done fast i should probably just send the forms that the accountant prepared, so I don’t have to wait for tax transcripts to come in the mail. And yes, they are absolutely joint!
thank you both for your advice, you made me believe this can be fixed! I will update on Monday what USCIS says on the phone! 

Edited July 11, 2021 by annab864