I-751 February 2021 Filers

[RamonGomez 271]

14 minutes ago, Huckleberry&Koala said:

Kids, photos, and affidavits are considered as secondary evidence. You can include if you like but uscis seems not caring about them that much.

 

 

Kids are actually the first thing USCIS has on the "Evidence of a Relationship" list on the I751 instructions. 

 

 

 

I'm not sure @reicakes88 what more you can include. I'm also not sure how effective it is to add your spouse to a bunch of stuff in response to an RFE.  Send any additional tax forms, any additional bank statements that show joint finances, anything like cable, phone, auto insurance, Costco membership, beneficiary information (e.g. on 401k) etc.   and anything that shows you living at the same address (e.g. a letter from the IRS that has both your names on the recipient envelope).  Worst case scenario if they're not happy you'll probably get an interview where you could explain the situation.

Edited June 18, 2021 by RamonGomez

[Huckleberry&Koala 184]

1 minute ago, RamonGomez said:

Kids are actually the first thing USCIS has on the "Evidence of a Relationship" list on the I751 instructions. 

 

 

 

I'm not sure @reicakes88 what more you can include. I'm also not sure how effective it is to add your spouse to a bunch of stuff in response to an RFE.  Send any additional tax forms, any additional bank statements that show joint finances, anything like cable, phone, auto insurance, Costco membership, beneficiary information (e.g. on 401k) etc.   and anything that shows you living at the same address (e.g. a letter from the IRS that has both your names on the recipient envelope).  Worst case scenario if they're not happy you'll probably get an interview where you could explain the situation.

Yeah, but i think what i meant was that uscis seems not caring that much for the kids when i read threads here in VJ. Affidavits are also being indicated in the instructions, but this is also not considered as a strong evidence. That's just what i read thru in VJ.

[Rocio0010 5,579]

24 minutes ago, Huckleberry&Koala said:

Kids, photos, and affidavits are considered as secondary evidence. You can include if you like but uscis seems not caring about them that much.

 

Beginning from when you sent over your evidence, beginning of marriage or after green card? If you sent the part after green card, you should have sent whole marriage. Sending all lease agreements, joint accounts, etc. from the beginning of marriage.

 

To show you work on the same company, you can include both of your W2s which will show the same address, and you can highligjt it if you want.

 

To show you live in the same place, you don't have to have joint bill, but you can include some document that arrived separately both to your names, like one bill to your name, the other bill or doc to his name, this will show that you live in the same place.

 

You could add him to your auto insurance and show that you both use the car but you haven't i guess, and you already indicated that he doesn't have a dl.

 

If you have time, he could get id without driver license from dmv, which will show the address, and then you can send a copy of his ID and your DL that shows the same address.

 

Did you send IRS tax returns again from beginning of marriage showing you filed married and showing both your names?

Maybe they are sending the RFE because they just didn’t see that you had already submitted whatever they are asking you for. For the joint bank statements, I would probably send them ALL statements from the time the account was opened. Send the lease again. Do you have any utility bills under both names? If not, maybe you could add him to some bills. Also, any shared account that you have such as Amazon prime, etc. Delivery labels showing same address, and maybe paystubs from both of you that show marital status. Also, have you ever listed each other as emergency contact information?

Affidavits are secondary evidence that might  help if what you have is not enough. They are not decisive, but might help in your case. It wouldn’t hurt to include them. 

[USC4SPOUSE 506]

5 hours ago, reicakes88 said:

It's been a while but I have a question and I'm not sure if it's already been answered. We filed my husbands I-751 on Feb 8th (received on the 10th) and got our NOA-1 on March 17th. Yesterday we received our first ever RFE. They asked for joint bank account and lease as evidence, which we sent, but apparently it's not enough. My question is, can I resend the newest lease and an updated joint bank account along with copies of our joint tax returns, but what else can I send to bolster the evidence? I can get affidavits from friends and co-workers but is there a limit to how many? We work at the same job, in the same department so we are together every day and on our off days he acts as a moderator for my streams but I can't exactly send them video proof. Think I could get away with screenshots from my streams? Lastly, will we have to pay any fee again?

 

We don't have much tangible evidence. Our joint bank account is used only for rent, He doesn't have his license yet, we don't take pictures together and we don't have any bills in both our names. I own my car outright and it's been that way since before we were married. We don't have any kids and our health insurance is separate. His life insurance is still in the UK and he has no reason to get one here and I don't have any. Any travel is pre-covid except for 1 trip but we don't have any group pictures from that and we didn't keep any of the packaging from his family that they sent us during the holidays. 

@reicakes88, I bolded keywords throughout your post to make sure I address everything. My main general recommendation is to always follow the I-751 instructions and send evidence of bona fide marriage since the date of the marriage - and not since the date of your last filing or since you got your conditional green card. (Our package was 35% evidence we sent for AOS and 65% of evidence that developed since then). 

 

1.  Lease - send any lease(s) you may have had since the date of your marriage. Make sure to cover the entire span of time. 
2. Joint bank account - send statements since the date of your marriage. Make sure to include images of the checks. If you only use this account to pay for rent, then briefly explain that on your cover letter. 
3. Joint tax returns since the date of your marriage. I would just get transcripts of all the joint filings you've made. 
4. Affidavits - there is no limit to how many you may send. I would make sure that there is substance (detail) to them and that you get them notarized. Notarizing them simply tells USCIS that a notary public checked the ID of the person who signed it. Ask your friend(s) to be detailed and to hopefully cover the entire span of your relationship by referencing dates, addresses and maybe even pictures. 
5. Work for the same employer - if your employer has an HR system where you can create profiles and view your benefits, then:
   • I would list each other as emergency contacts. Print or screenshot those pages showing that you are each other's emergency contact at work.
   • Make sure that you are listed as married.
   • Print all your and his paystubs. This may seem redundant but the paystubs should show the same address for both of you. Print them since the date of your marriage. (We did this to show the same address and that I am paying for health insurance for both of us. In your case, you are just showing that you are listed at work as married and that you are both at the same address. And that is fine. Right now, USCIS may be wondering if you two live together. You want to show by preponderance of evidence that you do live together and that you entered the marriage in good faith.
6. Screenshots from your streams - sure, why not? Again, this would not be super heavy evidence, but it all adds up. It will help even a little bit to show by preponderance of evidence that you two are a bona fide marriage.
7. You do not have to pay another fee. 
8. Utilities - I understand that the utilities are not in both names. Some companies do not allow you to have two names on the bill, but they will allow you to create an online account and add an authorized user. I would do that. This will show that you trust each other with the account and also that you are at the same address. This should also show where the payments are coming from. If you are paying for electric and he pays for gas, then show those payments. Those are joint responsibilities even though you are not making those payments from a joint checking account. For the sake of making your lives easier, I would start making those payments from your joint checking account. 
9. His life insurance is in the UK - ask your husband to add you as his beneficiary. Print that and include it. 
10. Your health insurance is separate - that is fine. Go online and create online accounts for both. You should have each other listed as emergency contacts. Print those two pages and include that. 
11. Trips - I would include anything that you can from those trips. Pictures, boarding passes, receipts, credit card statements. 
12. Credit cards - add each other as authorized users on credit cards. 
13. 401k - I would open 401ks at work and list each other as beneficiaries. You do not have to contribute a lot to it. Anything will do. 
14. USPS informed delivery - consider creating separate accounts with USPS informed delivery and print screenshots from your daily mail. This will show that you two trust each other with your mail and you receive mail at the same address.
15. Husband does not have a driver's license - I would suggest getting one or at least getting a state ID.
16. Health Care Directive/ Advance Directive/ Living will - If you do nothing else, do this. Get it notarized. USCIS takes this document very seriously. You are after all authorizing each other to make health care decisions in the event either one of you is not able to. (you would need two of these). https://www.aarp.org/caregiving/financial-legal/free-printable-advance-directives/

Last but not least, anytime I print anything off the internet or online account, I include "headers and footers" which will show the URL. 

 

That's all I have. Hopefully, you find something useful in my humble advice. Best wishes, USC4SPOUSE.

Edited June 18, 2021 by USC4SPOUSE

[Chocobo 196]

^^^ Everything @USC4SPOUSE said. Excellent suggestions!!!!

 

Random other ideas - Costco or Sam's club memberships?  If you're both on it, that would help.  Gym memberships (not that many are going to the gym these days, but, still)?  Again, would help.  Have any pets?  If so, vet bills or pet registration (like microchips) could help if you're both listed.

[USC4SPOUSE 506]

4 minutes ago, Chocobo said:

^^^ Everything @USC4SPOUSE said. Excellent suggestions!!!!

 

Random other ideas - Costco or Sam's club memberships?  If you're both on it, that would help.  Gym memberships (not that many are going to the gym these days, but, still)?  Again, would help.  Have any pets?  If so, vet bills or pet registration (like microchips) could help if you're both listed.

Thank you @Chocobo. I am glad you thought the suggestions were useful. I truly think the "devil" is in the details. Costco or Sam's club memberships? Sure, why not? We showed Sam's club membership for AOS and I-751. It is not an uber heavy evidence but it all adds up. We printed receipts and screenshots from the account. It shows we religiously go to the same Sam's club once or twice a month. 

 

Vet bills are a good one to add, too.  

[USC4SPOUSE 506]

@reicakes88, a target debit card is also very easy to get. You link it to a checking account and then get two cards. Of course, you have to use them. If I were you, I would go all out and send evidence from all angles and since the date of the marriage, even if you already sent that evidence for AOS. That's my humble 2 cents. 

[Rocio0010 5,579]

16 minutes ago, USC4SPOUSE said:

Thank you @Chocobo. I am glad you thought the suggestions were useful. I truly think the "devil" is in the details. Costco or Sam's club memberships? Sure, why not? We showed Sam's club membership for AOS and I-751. It is not an uber heavy evidence but it all adds up. We printed receipts and screenshots from the account. It shows we religiously go to the same Sam's club once or twice a month. 

 

Vet bills are a good one to add, too.  

I’m not filing for ROC until January 2022, but I’ll definitely take a screenshot of your suggestions!

[lusiaan 82]

22 hours ago, USC4SPOUSE said:

@lusiaan, my husband did an early walk in for biometrics after filing for AOS. That was all precovid. It was fine. The attendant did not even look at the date. She just cared that he had his letter and valid ID. 

 

It's worth a shot. 

 

Thanks! I will try next Wednesday and then if it works and they call I'll just let them know I managed to do it ealier.

[reicakes88 35]

Oof so many replies! This is in response to everyone that replied to me

We could possibly get an ID for him but will not have time for a license. We work night shift and from what I understand he has to go through driver's ed here to get his US license despite having his UK license. Every single bill is in my name because it was just easier or it was already in my name from before we got married but I can try adding him. On the back of that, all but 1 bill is already tied to my bank account, even after moving. We dedicated to the joint account to rent for safety so that we always knew we had enough to guarantee a roof over our head with no surprise bills messing that up. I did print out our tax transcripts from the past 3 years including the account transcripts.

 

For things such as Amazon prime, he rarely orders anything, maybe once every few months. He's very frugal lol and most of his purchases are games on Steam (we're huge gamers). Paystubs could work but only for a few months because I just discovered that work is still listing me as single despite putting down when I was hired that I was married. Fun. We can do the emergency contact information. That at least should be correct and wont involve a 3 hour wait on my company's phone bot trying to talk to a person because yay "automation and chat bots over having competent in person HR services!" The paystubs will most likely not be usable because of my incorrect marital status. 

 

Trips, we have a few pictures from before I sent the packet, but we don't really do pictures of ourselves and take few trips. I have some of him and he has some of me but only 1 together since Christmas 2018 and that has my Dad in the picture and was taken by his friend. Everything else is literally pictures of our cats and other random things. The only person we really see on occasion is my Dad, but covid even messed that up, and even more rarely my brother and his kids. We haven't even been able to see my Mom or his family since the wedding.

 

In terms of Costco/Sam's club, we never bothered with it. We don't really consume much so never needed to but anything bulk. We get enough of a work out at work since it's a warehouse and he hates the idea of gym memberships. I already have target redcard from my days in university but use that maybe once every few months. We just don't like credit cards and see no point in getting any for stuff we don't need immediately. I already have a few from way before we we're married so my credit is not the best and he is very frugal and will never get a credit card. Does not see the point of going into debt just to get something "now" when we can just wait a little and pay out of pocket. Also not having kids means we have more available cash anyway. 

[USC4SPOUSE 506]

1 hour ago, reicakes88 said:

Oof so many replies! This is in response to everyone that replied to me

We could possibly get an ID for him but will not have time for a license. We work night shift and from what I understand he has to go through driver's ed here to get his US license despite having his UK license. Every single bill is in my name because it was just easier or it was already in my name from before we got married but I can try adding him. On the back of that, all but 1 bill is already tied to my bank account, even after moving. We dedicated to the joint account to rent for safety so that we always knew we had enough to guarantee a roof over our head with no surprise bills messing that up. I did print out our tax transcripts from the past 3 years including the account transcripts.

 

For things such as Amazon prime, he rarely orders anything, maybe once every few months. He's very frugal lol and most of his purchases are games on Steam (we're huge gamers). Paystubs could work but only for a few months because I just discovered that work is still listing me as single despite putting down when I was hired that I was married. Fun. We can do the emergency contact information. That at least should be correct and wont involve a 3 hour wait on my company's phone bot trying to talk to a person because yay "automation and chat bots over having competent in person HR services!" The paystubs will most likely not be usable because of my incorrect marital status. 

 

Trips, we have a few pictures from before I sent the packet, but we don't really do pictures of ourselves and take few trips. I have some of him and he has some of me but only 1 together since Christmas 2018 and that has my Dad in the picture and was taken by his friend. Everything else is literally pictures of our cats and other random things. The only person we really see on occasion is my Dad, but covid even messed that up, and even more rarely my brother and his kids. We haven't even been able to see my Mom or his family since the wedding.

 

In terms of Costco/Sam's club, we never bothered with it. We don't really consume much so never needed to but anything bulk. We get enough of a work out at work since it's a warehouse and he hates the idea of gym memberships. I already have target redcard from my days in university but use that maybe once every few months. We just don't like credit cards and see no point in getting any for stuff we don't need immediately. I already have a few from way before we we're married so my credit is not the best and he is very frugal and will never get a credit card. Does not see the point of going into debt just to get something "now" when we can just wait a little and pay out of pocket. Also not having kids means we have more available cash anyway. 

It's entirely up to you @reicakes88. I would personally be concerned because they are asking you for basic evidence of bona fide marriage - joint lease (evidence of cohabitation) and a joint bank account. I would invest some time in showing them more evidence since the date of your marriage. I strongly recommend that you look into the Advance Health Care Directive. USCIS takes that document very seriously. 

 

You may also want to show statements from your personal account and describe how you all pay for joint responsibilities (utilities. groceries, etc).

It does not matter if only a portion of your paystubs show you are married. I would present them anyway - yours and his. The paystubs will still show the same address for both. 

 

At any rate, I would just make it easier for the officer to approve you. I would just take the RFE as an opportunity to send as much evidence as you can and get them to approve you.

 

Best wishes,  

 

 

 

 

Edited June 18, 2021 by USC4SPOUSE

[reicakes88 35]

49 minutes ago, USC4SPOUSE said:

It's entirely up to you @reicakes88. I would personally be concerned because they are asking you for basic evidence of bona fide marriage - joint lease (evidence of cohabitation) and a joint bank account. I would invest some time in showing them more evidence since the date of your marriage. I strongly recommend that you look into the Advance Health Care Directive. USCIS takes that document very seriously. 

 

You may also want to show statements from your personal account and describe how you all pay for joint responsibilities (utilities. groceries, etc).

It does not matter if only a portion of your paystubs show you are married. I would present them anyway - yours and his. The paystubs will still show the same address for both. 

 

At any rate, I would just make it easier for the officer to approve you. I would just take the RFE as an opportunity to send as much evidence as you can and get them to approve you.

 

Best wishes,  

 

 

 

 

That's the thing though, we DID send the lease and bank account. The RFE they sent said they saw we sent those two items and then denied they were sufficient and then proceeded to tell us we can send those exact two items as proof. We had sent the most recent lease we had as of the day I mailed out the packet. Same with the bank account. I'll just gather what we can, resend the previous lease and our most recent renewal for the upcoming year, add the affidavits since it won't hurt, and hope they take it this time. 

 

Sorry if the reply is short. Currently at work stressing out about this and I'm on mobile.

[USC4SPOUSE 506]

2 minutes ago, reicakes88 said:

That's the thing though, we DID send the lease and bank account. The RFE they sent said they saw we sent those two items and then denied they were sufficient and then proceeded to tell us we can send those exact two items as proof. We had sent the most recent lease we had as of the day I mailed out the packet. Same with the bank account. I'll just gather what we can, resend the previous lease and our most recent renewal for the upcoming year, add the affidavits since it won't hurt, and hope they take it this time. 

 

Sorry if the reply is short. Currently at work stressing out about this and I'm on mobile.

@reicakes88No worries. Do not stress about it. It does not help that the wording on those RFEs and letters from USCIS is never 100% clear. 

The solution is to send them as much evidence as you can since the date of your marriage. They want to see a continuum of evidence since the date you got married. Honestly, as I said on my initial message - if nothing else, create two living wills and authorize each other to make health care decisions for each other in the event that either one of you is not able to. USCIS takes that document very seriously. With Covid-19 still lingering around, it makes sense to get one. You are both young. Say something happens and your spouse ends up on a ventilator and you do not know what his wishes are. 

 

Affidavits may help but a living will would definitely seal the deal. How long do you have to respond to the RFE? You sent them a joint lease and joint checking account statements. Is that all you sent?

 

 

 

 

 

 

[Huckleberry&Koala 184]

17 minutes ago, reicakes88 said:

That's the thing though, we DID send the lease and bank account. The RFE they sent said they saw we sent those two items and then denied they were sufficient and then proceeded to tell us we can send those exact two items as proof. We had sent the most recent lease we had as of the day I mailed out the packet. Same with the bank account. I'll just gather what we can, resend the previous lease and our most recent renewal for the upcoming year, add the affidavits since it won't hurt, and hope they take it this time. 

 

Sorry if the reply is short. Currently at work stressing out about this and I'm on mobile.

I understand you are stressing about this, and don't want to stress you even more, and i completely understand your personal choice of not using bank account and such, but you were aware that you need to prove to uscis that you have a life together at some point, and these are the ways that you can prove. Put yourself in officer's place. IO looks at your case, seeing a bank account without too many activities and a most recent lease, and nothing else? I would ask for more evidence if these were the only docs you submitted. RFE may be a standard rfe template asking more evidence. Personally, even if i didn't like to use bank account and such, i would have used for the sake of collecting evidence. Just my two cents...

 

@USC4SPOUSE provided a detailed list for what you can potentially provide, whether you will or won't is your choice.

Edited June 18, 2021 by Huckleberry&Koala

[reicakes88 35]

4 minutes ago, Huckleberry&Koala said:

I understand you are stressing about this, and don't want to stress you even more, and i completely understand your personal choice of not using bank account and such, but you were aware that you need to prove to uscis that you have a life together at some point, and these are the ways that you can prove. Put yourself in officer's place. IO looks at your case, seeing a bank account without too many activities and a most recent lease, and nothing else? I would ask for more evidence if these were the only docs you submitted. RFE may be a standard rfe template asking more evidence. Personally, even if i didn't like to use bank account and such, i would have used for the sake of collecting evidence. Just my two cents...

 

@USC4SPOUSE provided a detailed list for what you can potentially provide, whether you will or won't is your choice.

Yes I did send more but seeing as it's months later I don't recall whatever else I sent, those are just the two things the complains about. I will be taking @USC4SPOUSE's advice. We do have a bank account and we do use it. It shouldn't matter if it's only for rent or not. Just because we aren't addicted to posting every facet of our lives on social media shouldn't be an indication that we aren't married. Throughout this entire process this is the one and only time we have ever had an issue.