Request for Further Evidence

[DavideT 10]

Hi all,

I just received a RFE, due may 6th. So theres some time, but I'm both kind of annoyed and surprised AND worried lol.

 

What we sent with my I-751 (filed in june 2020) was 2 leases (from 2020 to 2021 of our new place) and our 2019 tax return. I didn't really add more because from my understanding (and what the lady interviewing us in 2018 said), tax return and lease should be more than enough for this petition. Regardless, my questions are as follows.

 

1- We are going to add the leases we had from 2018 to 2020, but before it's impossible (cuz I wasn't on the lease for reasons)... but i would imagine 2 extra years worth of lease would have a pretty decent impact no?

2- We are going to add the 2020 taxes... and send again the 2018 and 2019 taxes. We got married in 2017 (iirc right after he did taxes, or right before, so it wouldnt have mattered anyways, no?). I'm sure they have the 2018 tax return cuz i submitted it live at the interview, but again, since it was mentioned on the RFE resubmitting that year should still help?

3- My name is on the phone bill as well, but not much else... I think utilities are alongside rent and well, the internet its just at my own name. We have a shared bank account, but we use it mostly to move funds between us, not as much else, so it's dry most of the time. Not sure if it's worth including that? (though its been active since...2017 lol)

4- We have a couple of pictures taken over the years from 2/3 family trips and some selfies we take together every now and then, not sure how helpful those would be?

 

So yeah, i'm not quite sure what else could we submit, do y'all think 2 more years of lease and this year tax return and phone bill would be enough??? We're literally two boring ### dudes, too broke to have a mortgage or a car, not sure what else to provide

Not sure if I should start looking into an immigration attorney either. As i mentioned we're two broke dudes and if i could avoid that since ive done everything on my own, i'd rather to keep it that way!

 

Also, is it normal for the RFE to ask us to send evidence directly to someone and not one of the offices?

[da95826 387]

You need to provide evidence of your bonafide marriage throughout your marriage from wedding to today.

Best evidence.

Joint tax returns for each year of the marriage (IRS tax transcripts from IRS web page) 

Joint bank account statements showing income coming in and money going out to pay joint expenses. Put together proof of payment of expenses from petitioner and spouse.

Joint bills (energy, phone, internet, water,,,)

Joint lease, joint mortgage during marriage

State issued IDs or driver's licenses for spouse and petitioner with common address

W2 and 1099 issued during the marriage (shows common address, show joint income)

Birth records of children together

Photos together on vacation, at family events, holidays

Joint insurance (life, health, car)

Joint ownership of property (Car, home)

Proof of travel together as a couple during marriage

Joint investments (IRA, & 401k beneficiary) 

Affidavits from friends, family, that can attest that you and your spouse live together as a couple and attest to your marriage.

None of these pieces of evidence is required but providing as many as you can is needed, if you're short in one area of proof you need to provide more proof in other areas.

[DavideT 10]

17 minutes ago, da95826 said:

You need to provide evidence of your bonafide marriage throughout your marriage from wedding to today.

Best evidence.

Joint tax returns for each year of the marriage (IRS tax transcripts from IRS web page) 

Joint bank account statements showing income coming in and money going out to pay joint expenses. Put together proof of payment of expenses from petitioner and spouse.

Joint bills (energy, phone, internet, water,,,)

Joint lease, joint mortgage during marriage

State issued IDs or driver's licenses for spouse and petitioner with common address

W2 and 1099 issued during the marriage (shows common address, show joint income)

Birth records of children together

Photos together on vacation, at family events, holidays

Joint insurance (life, health, car)

Joint ownership of property (Car, home)

Proof of travel together as a couple during marriage

Joint investments (IRA, & 401k beneficiary) 

Affidavits from friends, family, that can attest that you and your spouse live together as a couple and attest to your marriage.

None of these pieces of evidence is required but providing as many as you can is needed, if you're short in one area of proof you need to provide more proof in other areas.

Yeah what we can provide is:

-Extra taxes return for 2020 (we already provided 2018 and 2019. BUT its mentioned in the letter, so i don't mind re-sending those if it helps!)

-We have a joint bank account, but we use it seldomly and pretty much its a saving account that we use to move money between the two of us (so mostly its pretty low and has not THAT much activity. Still, something with both our names on)

-The phone bill has only his name, but both our phones on. T-mobile wouldnt let us have have two names on it.

-He needs to update his ID, so after we do that we should have matching IDs on the same residence (if we can even access the DMV)

-We have those, albeit the address is the old one... I got laid off from my old job and forgot to update them of my address. (Regardless IT IS the address we BOTH lived at together)

-We have joint lease on our appartment (we provided 2020 to 2021, BUT we can also provide 2018 to 2020)

-We have a few photos, we don't take that much besides a few selfies here and there.

-We have joint health and dental insurance

-No property cuz we broke

-Investments im not well versed in that stuff so probably that horse is long gone for it take effect by may 6th.

-We can get affidavits but everyone says they don't matter much.

 

 

We can't have birth records cuz we are a same sex couple.

[da95826 387]

The point is to put together as much evidence as you can, some proof is better than no proof. Affidavits may not be the strongest proof but they are more important if you don't have a lot of other evidence. Some financial transactions are better than no financial transactions. Individual phone bills going to your joint home address and being paid for by each other is better than no evidence submitted at all.

[milimelo 4,477]

Wills, power of attorney, EOBs from doctor office/dentist showing who is primary on insurance and the other one using it, if any pets, paperwork from vet listing ownership  . From work you must’ve completed paperwork listing your emergency contact and listing spouse for any accident/life insurance, retirement account (401k)... 

[Lucky2Lucky 2,526]

On each other’s health insurance? That’s proof as well. Beneficiary on a retirement account?

Edited February 15, 2021 by Luckycuds

[Sukie 1,460]

Ok, boring and broke dudes.  You have a joint account, but it is "dry"???  How do you pay your bills?  Where does the money for your rent come from?  How do you pay for your utilities?  These are the questions you DIDN'T answer with what you sent in the first time.  So you did not tell a convincing story with the small amount of evidence you submitted.

 

You need to prove you live together - update those IDs/Driver's licenses to have the address on your most recent lease.  Most states require that anyway.  Show leases since the time you married.  Show how you pay your bills - show where your paycheck(s) are deposited.  It sounds like you each have your own bank accounts, and you use the joint account to funnel funds to each other.  That's fine - lots of couples work it that way, but you need to write a paragraph about how you do your money.  If one of you pays rent and gas, and the other one of you pays for internet and phone, then TELL them that!  Include copies of the bills that have the same address on them.  Explain how you use the joint account and why it is there.  It's OK to do your money this way, but nothing you sent the first time explained that at all.

 

You guys will be fine.  But you need to explain how you do life together, especially because you don't look like "most" American couples.

 

So yes on including ALL tax transcripts from the time you married, yes on all the insurance stuff.  Photos with family members are good - they show that your relationship is acknowledged by your family.  Don't bother with the selfies.  Did you have pictures when you got married?

 

Good luck.  We are also a same-sex couple - and we had no problems.

 

Sukie in NY

[carmel34 3,626]

Gather as much documentation as you can.  The more the better.  In addition to the advice already given, look for anything else that shows you live at the same address--Costco membership cards, joint credit card statements, cards/letters addressed to the two of you, health, dental, vision insurance notices, pay stubs, W2s, will, living will, power of attorney, USPS change of address notice, mailing labels from Amazon packages received, etc.  We're also a same-sex couple and are saving everything we can think of in a big file, preparing to submit ROC in May.  The more documentation you can send, in response to the RFE, the greater your chances for approval.  Most I-751s are approved eventually so don't worry too much.  Good luck!

[African Zealot 1,455]

There's nothing like too much evidence, so far as it is good evidence. The same but updated checklist for the the adjustment of status (or  K1 and others which were not feasible then). You have yourself to blame for only sending in what you did when you had other evidence available that with some effort you could have attached.

 

There's nothing like complacency when it comes to immigration. Someone else might send scant evidence and get through smoothly, doesn't mean when you take the chance you will enjoy similar luck.

[RamonGomez 271]

11 hours ago, DavideT said:

Hi all,

 

...

 

Also, is it normal for the RFE to ask us to send evidence directly to someone and not one of the offices?

 

Where exactly are they asking you to send evidence? 

 

AFAIK you would typically be asked to send it directly to the service center that's processing your petition.

Edited February 15, 2021 by RamonGomez

[Rocio0010 5,579]

Well, you gotta get creative sometimes and think of where you can add more evidence. The bank statements should work, even if it’s for sending money to one another. Car insurance/ health insurance, lease with both names on it, joint credit cards, 401k/ IRAs, vet bill, joint tax returns, pictures, affidavits, plane/ hotel bookings, you name it. Our utilities are paid by our landlord, so no names on our utilities. No problem, we had the landlord writing an affidavit stating this.

[Rocio0010 5,579]

Also W2s and 1099s help, because you both should have the same address on them.

[Diane and Chris 651]

22 hours ago, DavideT said:

Also, is it normal for the RFE to ask us to send evidence directly to someone and not one of the offices?

Directly to someone?  As in who?  Someone that works at ISCIS?  That does sound a bit odd. What do others think?  

[Rocio0010 5,579]

7 hours ago, Diane and Chris said:

Directly to someone?  As in who?  Someone that works at ISCIS?  That does sound a bit odd. What do others think?  

It might be the officer working on his case working remotely. While I did not have to send it to a particular person, my RFE for GC came straight from FO because they were wanting to waive interview (and they did)

[Ecaen87 43]

On 2/15/2021 at 1:15 AM, DavideT said:

-We can get affidavits but everyone says they don't matter much.

Maybe they don’t matter much but is the only thing they specifically ask for in the instructions. The more evidence you have the better.

Most bills they only allow one person and that is ok, maybe electricity is in your name and internet is in his name but show the same address, send a few every year you have been together.

Lease from the beginning of your relationship, Tax transcripts, do not send Tax returns.

IDs showing the same address, costcos or sams cards, car insurance with both of your names, send renewals, also home or renters insurance, health insurance, joint checking account, photos together and with family and friends.

Do not assume they have all the evidence when you guys did AOS, send it again from the moment you have been together.

We are also a same sex couple.

Good luck guys!