i-751 Evidence Dilemma - Avoiding RFE

[PositiveVybes 0]

Hey guys. So I know what the generally advised evidence of good faith/bona fide nature of marriage is, however in my case, my wife and I life with her mother, and so all the utilities etc. are in her mom's name and I don't formally pay rent. Prior to this, we lived for one year in a joint apartment with her sister, however it was her and her sister on the lease and the property management was only able to add me as an authorized resident (though i presume that's better than nothing).

 

 

Also, we typically like to keep our finances separated, though we had a joint checking/savings account with a credit union which, due to combination of financial hardship and anxiety over checking it, they ultimately closed it due to overdraft/negative balance issues.

Because of her type of health insurance, I was not able to be added even as a greencard holder, and I had a temp job whose health insurance wouldn't allow her to be added either.

 

So as far as evidence for i-751, what was submitted was:

 

Copy of our joint Checking and Savings accounts
Copy of our joint Brokerage Account
Copy of jointly filed Tax Return Transcripts
Copy of Car Insurance showing both parties’ names
Copy of Beneficiary’s Green Card – front and back 
Copy of Beneficiary’s Driver’s License
Copies of Photographs and pertaining to couples life together.
Signed Affidavits of Support
 

1.Will the lack of joint home ownership/rent/utility bills potentially cause an RFE or can I somehow explain that it is due to us moving in and living with her mother? Is it worth the hassle of getting one of the utilities amended in my name just for this purpose? Her mom is a bit of a control freak, and I figured that since the i-485 was approved and we mentioned the living situation at the interview which went fine, that it wasn't necessary to get that additional "evidence".

 

2.I had sent in original copies of our original lease agreement and renter's insurance when filing the i-485, is it still possible or even worth it to request back these original documents to use as additional evidence now? 

 

Thanks in advance!

 

[p-ana 933]

Explain in your cover letter, just like you did here, why those evidences are missing. 
 

 

edit: 2. You can ask but it’s very unlikely they will send that back to you. NEVER send them originals unless explicitly asked.

Edited February 8, 2020 by p-ana
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[Lemonslice 4,991]

What do you mean by affidavits of support?

 

You can make each other beneficiaries on your personal bank accounts/retirement/pension/insurance, etc.  That's free and easy. Wills and living wills/health proxy?

[Sukie 1,474]

Positive,

 

Lots of people, especially new couples, end up living with relatives.  One of the things USCIS looks for is proof that you live together as a couple. 

 

One of the easier ways to start on this proof is a rental lease or a deed or a mortgage.  If you don't have a traditional lease or mortgage because you live with friends and relatives, then that is where the "Affidavit of Support" document comes in.  Can't tell from your list who is providing these for you already, but, in general, if you are a couple living with a friend or relative, then the owner of the home in which you live should be writing an affidavit explaining the arrangement - when it started, when (if applicable) it will end, their relationship to you, and whether you contribute to the household with money or housekeeping.

 

Always copy both peoples' drivers licenses (as long as they have the correct address on them), as that is a good way to establish that you live together (not 100%, but fairly common).

 

If you don't have a key piece of documentation that is usually expected for ROC (like leases/mortgage and joint financial statements), is it ALWAYS better to have an explanation up front in your cover letter as to why.  Otherwise, there is a high probability that you will get an RFE for something you don't even have - prolonging your wait time.

 

Best of luck on your journey,

 

Sukie in NY