Request For Evidence - I-751

[lucyrich 20]

You might consider looking at it from another angle: Imagine a sham couple, who got married only for papers. It wasn't hard to find a couple of friends to write nice false letters, and it was easy for them to go to the bank and open a joint account. But they don't live together, they don't love each other, and their marriage is just for the immigration papers.

Now, what do you have that they don't? How are you going to show the officer that you're not in their situation? If you were an officer, what evidence would let you separate a couple in your situation from a couple in their situation? It's the officers job to uncover couples in their situation; make it as easy as possible for him to be sure you're not one of them.

I don't know the answer, but think creatively and send them the things you have that the sham couple would have a very hard time faking.

[richie894 0]

unfortunately you have made a mistake by not making sure that you do joint paperwork to make your marrage look legitimate. you should have filed taxes jointly, took out joint accounts etc. to make sure you are covered for when you file i-751. from the evidence you gave it does not give the impression that you are a legitimate couple. here is some examples of what you should be filing;

copies of joint medical insurance, joint car insurance, joint rent/ lease/ mortgage, joint car registration, joint car insurance policy, joint bank or credit card statements, joint tax returns, tickets for vacations together etc.

i hope it works out for you, but let this be a warning for others. make sure you can provide as much evidence as possible. it is by no means guarnteed that you will have your card renewed after the 2 years.

[T&M 0]

It's really not my fault that I choose to live the simple live. I'm not going to go into detail since I already give you guy's my information and situation. There no need in repeating. I remember on the tax returns I checked the box "Married but filling separately" I didn't make enough to file "Marry filling jointly" Turbo tax wouldn't allow that. Anyways, the best I can do is explain to them.

[diadromous mermaid 36]

It's really not my fault that I choose to live the simple live. I'm not going to go into detail since I already give you guy's my information and situation. There no need in repeating. I remember on the tax returns I checked the box "Married but filling separately" I didn't make enough to file "Marry filling jointly" Turbo tax wouldn't allow that. Anyways, the best I can do is explain to them.

T&M,

You don't have to present Joint Tax returns for USCIS as evidence of a bonafide marriage, you have to present "tax returns that demonstrate you filed as a married person". There is a difference. What in "Married but filing separately" implies that one files and the other doesn't? Are you not making enough to be required to file a tax return? Or is it that as a sub, you aren't declaring all the income you make? If you have no requirement to file a tax return, then simply show that to USCIS as evidence of why you didn't file.

Now, in the event that you present evidence that you are married but filed your tax returns separately, you're well advised to present further evidence to demonstrate that the reasons your tax returns were not joint has nothing to do with a unravelling marriage.

[diadromous mermaid 36]

You might consider looking at it from another angle: Imagine a sham couple, who got married only for papers. It wasn't hard to find a couple of friends to write nice false letters, and it was easy for them to go to the bank and open a joint account. But they don't live together, they don't love each other, and their marriage is just for the immigration papers.

Now, what do you have that they don't? How are you going to show the officer that you're not in their situation? If you were an officer, what evidence would let you separate a couple in your situation from a couple in their situation? It's the officers job to uncover couples in their situation; make it as easy as possible for him to be sure you're not one of them.

I don't know the answer, but think creatively and send them the things you have that the sham couple would have a very hard time faking.

I'm sure there are plenty of sham marriages that have a mountain of evidence to attempt to demonstrate the legitimacy of the marriage. Concocted, or otherwise, I'm sure. In fact, I'd be inclined to bet that most of those sham arrangements, dash to a bank and open some sort of checking account, while there are many legitimate couples that marry for the "right reason", immigration-wise, that are so wrapped up in the concept and day-to-day living of marital life, that forget to, or don't place an enormous emphasis or sense of urgency on getting around to the co-mingling of finances.

After all, think about it. Upon marrying, how many of us think or have the mindset of "We'll be together forever, what's the rush?" or "I didn't marry to get my name on her assets. It's not about the money", or "what's his is mine, and what's mine is his, anyway!". So, in reality, the legitimate couples are somewhat less inclined to palce an emphasis on dealing with the technicalities. Whereas, the sham artists, by design, are focused ONLY on that, and even if one of the parties is not even aware of the fact that the marriage is not legitimate (Yes, there is something known to USCIS as unilateral fraud) the other, believe me, is ONLY focused on gathering whatever bonafides can be attained. After all, to the alien trying to pull the wool over the Service's eyes and anyone in his or her path, that's their only hurdle, right? Getting bonafides in order!

So, lucyrich, unless you've experienced something that I haven't.... I don't think I'd be inclined to characterise it this way.

[payxibka 10,045]

I remember on the tax returns I checked the box "Married but filling separately" I didn't make enough to file "Marry filling jointly" Turbo tax wouldn't allow that. Anyways, the best I can do is explain to them.

For future reference, there is no income (or lack of income) requirement that determines married filing joint or married filing seperate. Many single income taxpayers with stay at home moms or dads file MFJ.

[T&M 0]

It's really not my fault that I choose to live the simple live. I'm not going to go into detail since I already give you guy's my information and situation. There no need in repeating. I remember on the tax returns I checked the box "Married but filling separately" I didn't make enough to file "Marry filling jointly" Turbo tax wouldn't allow that. Anyways, the best I can do is explain to them.

T&M,

You don't have to present Joint Tax returns for USCIS as evidence of a bonafide marriage, you have to present "tax returns that demonstrate you filed as a married person". There is a difference. What in "Married but filing separately" implies that one files and the other doesn't? Are you not making enough to be required to file a tax return? Or is it that as a sub, you aren't declaring all the income you make? If you have no requirement to file a tax return, then simply show that to USCIS as evidence of why you didn't file.

Now, in the event that you present evidence that you are married but filed your tax returns separately, you're well advised to present further evidence to demonstrate that the reasons your tax returns were not joint has nothing to do with a unravelling marriage.

Yes, the tax return transcript should show that my wife filed as a married person. I, on the other hand simply didn't make enough to file my own return.

[T&M 0]

Is this letter good enough to please the officer?

Dear USCIS examiner:

Enclosed is some of the evidence you requested. Not all the information you requested applies to my wife and I. We are all happily living together debt free and request that this petition be accepted for removal of conditions on the residence of my wife. We are currently living with my parents so we don’t pay rent, utility bills or have a house mortgage. We have no loans or insurance policies. Medical treatment is cheaper in Mexico so that’s why we have no medical insurance. My wife doesn’t know how to drive so that’s why there’s no joint car insurance. A Birth Certificate for a child is not available because there are no children. Basically, we are just living a peaceful, simple live.

Enclosed also please find the following documents to verify the status of our marriage and ongoing relationship:

• A notarize letter from my parents saying we live at this current address

• Copy of the tax statement for 2006 showing she filed as a married person

• Library card

• State ID

• Letter form the Bank showing joint ownership

• Arizona State Retirement showing me as the beneficiary.

You may feel free to inquire at any of the sources of enclosed documentation for validity of their statements, and you are always welcome to visit our home should you ever desire to do so. Please advise me if you have any further questions or problems related to this petition.

Sincerely,

US citizen spouse

--------------------------------

Edited July 17, 2007 by T&M

[richie894 0]

you still look a little short on evidence. also you should submit a 2005 tax return in addition to the 2006 (as you have been in the country for two years). try sending some photos also, with the two of you with other family members etc.

in fact looking over your situation and lack of evidence available i would recommend that you hire an immigration attorney to advise and help you out.

Edited July 17, 2007 by richie894

[lucyrich 20]

... So, in reality, the legitimate couples are somewhat less inclined to palce an emphasis on dealing with the technicalities. Whereas, the sham artists, by design, are focused ONLY on that, ...

Reasonable point. I'm guessing that sham artists (like legitimate couples) vary considerably in their knowledge of immigration laws/procedures, and in their skill in gathering evidence.

That's why I phrased it as, "What do you have that the sham artist WON'T have?". In the course of living together two years, we tend to gather souvenirs from our shared life together, without even planning it. In our case, we had season passes to a local amusement park, with our names and photos on them, and consecutive numbers that showed they were purchased the same day. We also had photos of ourselves in various places on a month-long road trip we took together, including the St. Louis Gateway Arch, Mount Rushmore, Yosemite Valley, the Las Vegas Strip, the Grand Canyon, and more. These things aren't what they ask for, because most couples won't have exactly this kind of evidence. But many couples will have naturally accumulated some kind of "nonstandard" evidence that shows they've shared a life together.

[Kiv 32]

My husband and I went for eye glasses together, I have myopia and he has astigmatism, I got contact lenses and he got reading lenses, they included both our names in the invoice, and the type of eyeglasses that each one got and they were paid with our common account. I sent a copy of it.

Check your drawers, who knows what you will find there...

I liked your letter….

[Marilyn. 340]

you could even include bills etc that are in your name with your address on it and some in her name with the same address on it...

[Cassie 8]

Is this letter good enough to please the officer?

Dear USCIS examiner:

Enclosed is some of the evidence you requested. Not all the information you requested applies to my wife and I. We are all happily living together debt free and request that this petition be accepted for removal of conditions on the residence of my wife. We are currently living with my parents so we don’t pay rent, utility bills or have a house mortgage. We have no loans or insurance policies. Medical treatment is cheaper in Mexico so that’s why we have no medical insurance. My wife doesn’t know how to drive so that’s why there’s no joint car insurance. A Birth Certificate for a child is not available because there are no children. Basically, we are just living a peaceful, simple live.

Enclosed also please find the following documents to verify the status of our marriage and ongoing relationship:

• A notarize letter from my parents saying we live at this current address

• Copy of the tax statement for 2006 showing she filed as a married person

• Library card

• State ID

• Letter form the Bank showing joint ownership

• Arizona State Retirement showing me as the beneficiary.

You may feel free to inquire at any of the sources of enclosed documentation for validity of their statements, and you are always welcome to visit our home should you ever desire to do so. Please advise me if you have any further questions or problems related to this petition.

Sincerely,

US citizen spouse

--------------------------------

this is all well and good, but if that's all the evidence you plan to submit, you're in trouble. A letter isn't going to satisfy them. You have received a lot of great ideas for evidence in this thread and I hope you take them into consideration.

[Dakine 26]

I don't need and couldn’t care less about life insurance

Put that in your letter also. Should help a lot!

What? You Superman?

How about a will showing your wife gets everything what ever that may be?

Buy life insurance and send in the policy.

You can always cancel it if you don't care what happens to your wife if you should go "belly up"!

[T&M 0]

Is this letter good enough to please the officer?

Dear USCIS examiner:

Enclosed is some of the evidence you requested. Not all the information you requested applies to my wife and I. We are all happily living together debt free and request that this petition be accepted for removal of conditions on the residence of my wife. We are currently living with my parents so we don’t pay rent, utility bills or have a house mortgage. We have no loans or insurance policies. Medical treatment is cheaper in Mexico so that’s why we have no medical insurance. My wife doesn’t know how to drive so that’s why there’s no joint car insurance. A Birth Certificate for a child is not available because there are no children. Basically, we are just living a peaceful, simple live.

Enclosed also please find the following documents to verify the status of our marriage and ongoing relationship:

• A notarize letter from my parents saying we live at this current address

• Copy of the tax statement for 2006 showing she filed as a married person

• Library card

• State ID

• Letter form the Bank showing joint ownership

• Arizona State Retirement showing me as the beneficiary.

You may feel free to inquire at any of the sources of enclosed documentation for validity of their statements, and you are always welcome to visit our home should you ever desire to do so. Please advise me if you have any further questions or problems related to this petition.

Sincerely,

US citizen spouse

--------------------------------

this is all well and good, but if that's all the evidence you plan to submit, you're in trouble. A letter isn't going to satisfy them. You have received a lot of great ideas for evidence in this thread and I hope you take them into consideration.

Yes, I received a lot of great ideas for evidence in this thread and yes, I took them into consideration. But I simply can't send something I don't have. Period. I think a letter would have satisfied them if I had included it the first time around, but I didn't. I just sent them my joint bank statements and two letters from friends as per directions. No cover letter explaining my situation whatsoever and I think that's what causes the RFE.