Another RFE Question (merged)

[Very_44_EP 21]

Just got the RFE requesting evidence of shared marital life.  Due to SSA screw-up we had not had the chance to get the SSN, so we really have no joint accounts.  So, does the following seem sufficient for the RFE:  1) Birth Certificate of Our Son; 2) Inclusion of applicant (and child) on citizens dental/health insurance, 3) use of applicant as a contingent beneficiary on various accounts (401K, Bank Account, Stock Accounts), 4) the evidence of 529 education plan for son with applicant-wife as Designated Survivor, 5) evidence showing that USC purchased airplane tickets for applicant-wife's mother to visit daughter and grandson and then proof of my payment for my wife (the applicant) to fly back with her mother and then my flying to join them and visit her extended family, and 6) photographic evidence of various functions (hopefully I have something from my nephew's wedding? 

 

Is it too late to open the joint account? 

 

Should I get affidavits?  Like, getting a affidavit/translation from applicant mother stating I visited the extended family over a two week period?  And an affidavit from (for example) my father stating that he witnessed the married couple attending multiple family weddings and holiday visits?

 

Our day to day life has been pretty document free due to the birth of the new baby, the delay in SSN, and only recently receiving the EAD.

[Mike E 11,741]

10 minutes ago, Very_44_EP said:

Just got the RFE requesting evidence of shared marital life.  Due to SSA screw-up we had not had the chance to get the SSN, so we really have no joint accounts.

Some banks will issue a bank account to aliens who don’t have an SSN. .

 

putntheee key words into a web search engine. 
 

And try Wells Fargo 

 

 

 

10 minutes ago, Very_44_EP said:

 

So, does the following seem sufficient for the RFE:  1) Birth Certificate of Our Son; 2) Inclusion of applicant (and child) on citizens dental/health insurance, 3) use of applicant as a contingent beneficiary on various accounts (401K,

Why is the alien spouse merely the contingent beneficiary? I believe in some sates the spouse is the beneficiary regardless what you put down.  Might as well make it a explicit. 

 

10 minutes ago, Very_44_EP said:

 

Bank Account, Stock Accounts), 4) the evidence of 529 education plan for son with applicant-wife as Designated Survivor, 5) evidence showing that USC purchased airplane tickets for applicant-wife's mother to visit daughter and grandson and then proof of my payment for my wife (the applicant) to fly back with her mother and then my flying to join them and visit her extended family, and 6) photographic evidence of various functions (hopefully I have something from my nephew's wedding? 

 

Is it too late to open the joint account?

no

 

10 minutes ago, Very_44_EP said:

 

 

 

 

Should I get affidavits?  Like, getting a affidavit/translation from applicant mother stating I visited the extended family over a two week period?  And an affidavit from (for example) my father stating that he witnessed the married couple attending multiple family weddings and holiday visits?

An affidavit from a U.S. citizen is useful.  Especially a non relative. 

10 minutes ago, Very_44_EP said:

 

Our day to day life has been pretty document free due to the birth of the new baby, the delay in SSN, and only recently receiving the EAD.

I would include this sentence in the cover letter: new borns are all consuming. This is explains the lack of domestic air travel by the couple because of the pregnancy and new born.  
 

Do either of you have life insurance? Each spouse should be the primary beneficiary.  You might have life insurance thourgh work. And btw if you don’t of life insurance, with a child you really need to get it.  
 

Except as  noted your evidence looks good.  
 

 

 

 

 

 

 

[Very_44_EP 21]

Great, thanks for your reply.  Regarding "contingent beneficiary", I just had a brain fart; since she came over she is the primary beneficiary.

[nelmagriffin 150]

Hello,

It is not too late to apply for a joint account, include bills with both your name on it, ex. electric bills, rentals etc.

[SalishSea 17,970]

10 hours ago, Very_44_EP said:

Just got the RFE requesting evidence of shared marital life.  Due to SSA screw-up we had not had the chance to get the SSN, so we really have no joint accounts.  So, does the following seem sufficient for the RFE:  1) Birth Certificate of Our Son; 2) Inclusion of applicant (and child) on citizens dental/health insurance, 3) use of applicant as a contingent beneficiary on various accounts (401K, Bank Account, Stock Accounts), 4) the evidence of 529 education plan for son with applicant-wife as Designated Survivor, 5) evidence showing that USC purchased airplane tickets for applicant-wife's mother to visit daughter and grandson and then proof of my payment for my wife (the applicant) to fly back with her mother and then my flying to join them and visit her extended family, and 6) photographic evidence of various functions (hopefully I have something from my nephew's wedding? 

 

Is it too late to open the joint account? 

 

Should I get affidavits?  Like, getting a affidavit/translation from applicant mother stating I visited the extended family over a two week period?  And an affidavit from (for example) my father stating that he witnessed the married couple attending multiple family weddings and holiday visits?

 

Our day to day life has been pretty document free due to the birth of the new baby, the delay in SSN, and only recently receiving the EAD.

This makes it sound like you're just "paying for stuff," rather than a true commingling of finances as a married couple.

[Very_44_EP 21]

3 hours ago, Jorgedig said:

This makes it sound like you're just "paying for stuff," rather than a true commingling of finances as a married couple.

This is not as useful as you would imagine.  By all means, let me know what I should do; other than go back in time and yell at SSA at the appropriate time.  Then we would already have the joint account and I would have been able to get her on the mortgage of our new house (and thus the deed).  Maybe I should have yelled at the mortgage broker when he said that would be impossible.  Who knows, but if you have something useful to add let me know.

[SalishSea 17,970]

44 minutes ago, Very_44_EP said:

This is not as useful as you would imagine.  By all means, let me know what I should do; other than go back in time and yell at SSA at the appropriate time.  Then we would already have the joint account and I would have been able to get her on the mortgage of our new house (and thus the deed).  Maybe I should have yelled at the mortgage broker when he said that would be impossible.  Who knows, but if you have something useful to add let me know.

Just calling it as I see it.   Hopefully the officer adjudicating the RFE response sees it differently.

[Very_44_EP 21]

9 hours ago, Jorgedig said:

Just calling it as I see it.   Hopefully the officer adjudicating the RFE response sees it differently.

Uh huh.  I am still not seeing anything constructive.  What about what I said is being framed this way?  How am I confusing the issue?  I am sure that if you were more explicit, I would be able to frame the issue better for the adjudicating officer?  Feel free to be even a little bit helpful.

[Mike E 11,741]

29 minutes ago, Very_44_EP said:

Uh huh.  I am still not seeing anything constructive.  What about what I said is being framed this way?  How am I confusing the issue?  I am sure that if you were more explicit, I would be able to frame the issue better for the adjudicating officer?  Feel free to be even a little bit helpful.

You are getting riled up and side tracked.  
 

Before my wife came to the USA, I owned my home and it had a mortgage.  I did not add her name to the title or the mortgage. We did have a joint bank account (we were more for successful  getting her SSN but regardless  Well Fargo doesn’t require one to have an SSN if the account is opened in person).  At the time we filed I-485 and the interview none of our bills were paid out of the joint account.  My wife didn’t have a drivers license beside at the time earliest drivers test appointment was 6 months out and her drivers test was a week after her scheduled I-485 interview.   
 

We were not approved at interview. For nearly two weeks I second guessed myself on the joint account. And so I used  the time productively to move household bills to be autopaid out of the joint account. 
 

We were approved in less than 2 weeks. 
 

For I-751 we were better prepared  because  bills were getting paid out of the joint account.  I added my wife’s name to the title of car vehicle and to auto insurance. I did not add her to title of my house because:

 

* my house is worth a lot and I literally worked 15 years to save all the money to pay for it. 
 

* it is  possible to set up joint title to grant someone less than 50 percent interest on title but with draconian Covid restrictions I could not get a face to face with a lawyer 

 

* there are arcane and obscure gift tax rules between a members of a married couple when the red River of the gift is an alien. Again I wanted face to face time with a lawyer if I was going to go there. 
 

* I knew we would be moving out of state during the process and intended that our new home wound be fully 50/50

 

As you can see our I-751 was approved.  
 

For her N-400 my wife’s lawyer is over joyed that we owned our new home 50/50 with right of survivorship. 
 

As I wrote in my earlier comment you’ve got great evidence. You can tweak it to make it better. The fact that a baby was born in this martial union is wonderful for the prospects of the case.  
 

 

 

 

[Very_44_EP 21]

7 minutes ago, Mike E said:

You are getting riled up and side tracked.  

Again, thanks.  I am adding my wife to as many accounts as possible, now that we have the SSN.  Hopefully, I can get a few bills in her name before I need to file the response and get her name on the bank accounts (although the investment accounts refuse to add her name without a Green Card).  Hopefully, the IRS gets my tax return processed in time for me to kick the Joint Return transcript.

[Mike E 11,741]

1 minute ago, Very_44_EP said:

Again, thanks.  I am adding my wife to as many accounts as possible, now that we have the SSN.  Hopefully, I can get a few bills in her name before I need to file the response and get her name on the bank accounts (although the investment accounts refuse to add her name without a Green Card).  Hopefully, the IRS gets my tax return processed in time for me to kick the Joint Return transcript.

I didn’t open  a joint investment account until she got a green card. You can explain the lack of an SSN (compounded by SSA being closed when you filed) impeded progress on a joint finances.   

[CaLi90 56]

On 10/17/2022 at 7:16 AM, Very_44_EP said:

Just got the RFE requesting evidence of shared marital life.  Due to SSA screw-up we had not had the chance to get the SSN, so we really have no joint accounts.  So, does the following seem sufficient for the RFE:  1) Birth Certificate of Our Son; 2) Inclusion of applicant (and child) on citizens dental/health insurance, 3) use of applicant as a contingent beneficiary on various accounts (401K, Bank Account, Stock Accounts), 4) the evidence of 529 education plan for son with applicant-wife as Designated Survivor, 5) evidence showing that USC purchased airplane tickets for applicant-wife's mother to visit daughter and grandson and then proof of my payment for my wife (the applicant) to fly back with her mother and then my flying to join them and visit her extended family, and 6) photographic evidence of various functions (hopefully I have something from my nephew's wedding? 

 

Is it too late to open the joint account? 

 

Should I get affidavits?  Like, getting a affidavit/translation from applicant mother stating I visited the extended family over a two week period?  And an affidavit from (for example) my father stating that he witnessed the married couple attending multiple family weddings and holiday visits?

 

Our day to day life has been pretty document free due to the birth of the new baby, the delay in SSN, and only recently receiving the EAD.

Honestly when I had my AOS interview back in July this year, we were asked to provide any joint things we had.

 

We simply handed over our joint health insurance, and joint phone bill, because I too did not have my SSN. We just told the officer that I hadn’t received my SSN yet and she was happy with that. And took the two we gave her. We had updated pics, from wedding and recently holiday, but she was ok not seeing them. 
 

I’d send in what you have, add phone bill too if joint on that. Pics if you’d like. Maybe also send a letter explaining you have not yet received the SSN, and as soon as you do, you will be opening a joint account and adding them to other finances etc. 

 

Good luck 👍🏻 

[Very_44_EP 21]

In thinking through the evidence for my wife's RFE response regarding proof of marriage legitimacy, I though about why we have few wedding photos.  The reason for this is that her high risk pregnancy inspired us to marry a day after her arrival to get her on my Health Insurance, rather than waiting to marry in front of my family.  Is there any reason why USCIS would take this fact negatively?  As in, a marriage based on accruing benefits (or something) and therefor not legit?  I would assume not, but just wondered if I should go light on such details if they could be problematic.

[YecaCruz 379]

We got married 2 hours after my husband got off the plane at the courthouse! I think you'll be fine as long with your few photos and marriage cert.

[Ontarkie 14,304]

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