Request for further evidence

[jasmin_bounty 0]

Hi everyone. We recently received a request for further evidence - and as you can imagine - it's very stressful. I would appreciate getting your feedback - so we can prepare the new submission as best as we can.

First, we are almost positive that the reason for the RFE is that we did not submit any tax returns with our I-751 application. We assumed that since we've been filing as 'married filing separately' we don't need to show tax returns. This time around we will certainly submit these tax returns.

All in all, I think we have a pretty solid set of evidence for our bona fide marriage, including 2 leases and 1 sublease, insurances (life, health, car), CD account with more than $10,000, checking and savings (with average balance of $1500), credit card, utility bills and tax returns.

We got married in February 2009.

Here are my concerns (I am the applicant):

- we did not maintain our joint bank account open for the entire year of 2010. I was out of the country for a big part of that year (work and health related) and the bank just closed our account for lack of activity. we have 3 out 12 months statements. We have statements for the entire time in 2009 and 2011. How challenging would that be?

- we moved homes 2 times - first time b/c of the financial melt that made us lose our jobs and move to a cheaper location in the suburbs. The second time we moved from the burbs into the city when our financial situation got better.

- we did not take any loans or mortgages together - we both lost our jobs in late 2009 and we couldn't get any loans, nor do we want to take any loans honestly. We're happily renting and living up to our means.

Our financial situation (thanks God) really started getting better in 2011 and we have very solid financial records since about July 2011 (a bit over 6 months) - we finally managed to put some money in CD, and savings and been approved for a credit card.

I hope this gives you some sense of what we can currently submit. Again, I spoke to an immigration lawyer who thinks we got the RFE most likely for the lack of tax returns in the i-751 submission, but now that I am preparing the materials to resubmit our application, any advice and feedback from you would help.

Let me know what are ways you've used / heard of to strengthen evidence and get past this stressful hurdle? Do you know of people who were called for a second interview after they submitted the RFE?

Also, what is the worse case scenario? if they deny our application does it mean I have to leave the country immediately? would they ask for an interview before making such a harsh decision? can we appeal in court? I'd appreciate any information you can give us so we know what are our options.

I really appreciate your feedback! Thank you!!

[deidre 13]

Hi jasmin! Sorry to hear about the RFE... but i think you are in good shape here! A couple of pointers .. yes i think the reason why you got an rfe is because of not submitting your tax stuff! Above all other evidences they need, your tax is THE most important and carries the most weight! Doesnt matter if you submitted. As married filing separately or jointly.... as long as its married ! Dont stress here, in my situation we did it separately and i just got my GC at the beginning of Jan!

Also... USCIS dont care how much $ you do or do not have. So again, dont stress here. All they want to see is that your finances are "co-mingled"... so even if you only keep a balance of $10 in your bank account or have $500 in debt... the main thing is that both your names are plastered all over everything.

Feel free to look thru VJ... this website is such a wealth of knowledge! There have been many ppl in your position with RFE questions plus some! And you'll be able to research other evidences you may want to include. But i believe what you have is pretty solid!

You wont have to leave the country if they deny your application... you have the whole process of appealing etc etc but you will only get to that position if you get called into an interview and think you're lying or falsifying documents etc. Its always scary to think about what if! I was stressing being called for an interview but i believe the figure is like ....only 5%i if applicants get called for one... or something like that.

Youll be fine! Good luck!

[pinoygwapo 1]

Hi jasmin! Sorry to hear about the RFE... but i think you are in good shape here! A couple of pointers .. yes i think the reason why you got an rfe is because of not submitting your tax stuff! Above all other evidences they need, your tax is THE most important and carries the most weight! Doesnt matter if you submitted. As married filing separately or jointly.... as long as its married ! Dont stress here, in my situation we did it separately and i just got my GC at the beginning of Jan!

Also... USCIS dont care how much $ you do or do not have. So again, dont stress here. All they want to see is that your finances are "co-mingled"... so even if you only keep a balance of $10 in your bank account or have $500 in debt... the main thing is that both your names are plastered all over everything.

Feel free to look thru VJ... this website is such a wealth of knowledge! There have been many ppl in your position with RFE questions plus some! And you'll be able to research other evidences you may want to include. But i believe what you have is pretty solid!

You wont have to leave the country if they deny your application... you have the whole process of appealing etc etc but you will only get to that position if you get called into an interview and think you're lying or falsifying documents etc. Its always scary to think about what if! I was stressing being called for an interview but i believe the figure is like ....only 5%i if applicants get called for one... or something like that.

Youll be fine! Good luck!

WELL_SAID!

[juliava 80]

Do you actually have that RFE in your hands or not?If not, there is not much to do at this point. Nobody can tell you what needs to be submitted, unless you tell us exactly what does the letter say. Your lawyer should've given you the same piece of advice rather than speculate what is the RFE about. Could've, would've, should've is not always the right way to go.

[DrVS 10]

It will be much easier for us to help you if you post a list of documents you originally submitted as well as specific requests (if any) from your RFE.

[danmarkx 5]

Hi jasmin! Sorry to hear about the RFE... but i think you are in good shape here! A couple of pointers .. yes i think the reason why you got an rfe is because of not submitting your tax stuff! Above all other evidences they need, your tax is THE most important and carries the most weight! Doesnt matter if you submitted. As married filing separately or jointly.... as long as its married ! Dont stress here, in my situation we did it separately and i just got my GC at the beginning of Jan!

Also... USCIS dont care how much $ you do or do not have. So again, dont stress here. All they want to see is that your finances are "co-mingled"... so even if you only keep a balance of $10 in your bank account or have $500 in debt... the main thing is that both your names are plastered all over everything.

Feel free to look thru VJ... this website is such a wealth of knowledge! There have been many ppl in your position with RFE questions plus some! And you'll be able to research other evidences you may want to include. But i believe what you have is pretty solid!

You wont have to leave the country if they deny your application... you have the whole process of appealing etc etc but you will only get to that position if you get called into an interview and think you're lying or falsifying documents etc. Its always scary to think about what if! I was stressing being called for an interview but i believe the figure is like ....only 5%i if applicants get called for one... or something like that.

Youll be fine! Good luck!

This kind of makes me a little concerned. Me and my wife are full time students, and really do not work (scholarships and student loans). We therefore didnt even send tax documents....cos we dont make enough to. Reading these posts kind of gets me concerned.

[jasmin_bounty 0]

Thank you every one!

I do have the RFE and it has the same list of items that they are listing in the I-751 form.

I.e. to establish bona fide marriage provide evidence of birth certificate of any common children, co-mingling of financial assets, mortgages or loans, etc. Nothing in that RFE was especially different from the list in the I-751.

First time we submitted documents for the I-751 we had:

- joint utility bills (electricity, water) going for our 2009 rental and for our 2010 rental

- joint bank accounts (joint checking account: 10 statements for 2009, 3 statements in 2010, 6 statements in 2011)

- joint car insurance for 2 cars

- life insurance (on my name showing my husband as the first beneficiary)

- pictures in different times and with different people

- joint lease for the place we rented in 2010 (we are signed there in two different dates - my husband signed the lease in May 2010 when I was out of the country, I added my signature in Jan 2011 in preparation for our application)

I am pretty sure that is it.

Like I said, since then our financial situation improved and we have:

- joint saving

- joint CD

- joint credit card

- more utilities going to our current sublease (cable, electricity, cellphone) - with both of our names

- I will send tax returns for 2009 and 2010 which were missing from our previous app

- I will send some correspondence that went to our previous address that shows flowers I sent my husband and books we ordered on Amazon

Not sure we can add much more... what do you guys think? Do you think we need to add more pictures?

Thank you again!

[Saska+Tim 7]

Thank you every one!

I do have the RFE and it has the same list of items that they are listing in the I-751 form.

I.e. to establish bona fide marriage provide evidence of birth certificate of any common children, co-mingling of financial assets, mortgages or loans, etc. Nothing in that RFE was especially different from the list in the I-751.

First time we submitted documents for the I-751 we had:

- joint utility bills (electricity, water) going for our 2009 rental and for our 2010 rental

- joint bank accounts (joint checking account: 10 statements for 2009, 3 statements in 2010, 6 statements in 2011)

- joint car insurance for 2 cars

- life insurance (on my name showing my husband as the first beneficiary)

- pictures in different times and with different people

- joint lease for the place we rented in 2010 (we are signed there in two different dates - my husband signed the lease in May 2010 when I was out of the country, I added my signature in Jan 2011 in preparation for our application)

I am pretty sure that is it.

Like I said, since then our financial situation improved and we have:

- joint saving

- joint CD

- joint credit card

- more utilities going to our current sublease (cable, electricity, cellphone) - with both of our names

- I will send tax returns for 2009 and 2010 which were missing from our previous app

- I will send some correspondence that went to our previous address that shows flowers I sent my husband and books we ordered on Amazon

Not sure we can add much more... what do you guys think? Do you think we need to add more pictures?

Thank you again!

Only thing that I would add is at least 2 affidavits from family / friends, and if you already did your tax for 2011, that too.

[jasmin_bounty 0]

Only thing that I would add is at least 2 affidavits from family / friends, and if you already did your tax for 2011, that too.

Oh thanks for mentioning that - we already submitted 2 affidavits... I forgot to add that to the list. Will not have our 2011 yet - I want to submit this package within the next week or so. But thanks for your feedback!

Thank you every one!

I do have the RFE and it has the same list of items that they are listing in the I-751 form.

I.e. to establish bona fide marriage provide evidence of birth certificate of any common children, co-mingling of financial assets, mortgages or loans, etc. Nothing in that RFE was especially different from the list in the I-751.

First time we submitted documents for the I-751 we had:

- joint utility bills (electricity, water) going for our 2009 rental and for our 2010 rental

- joint bank accounts (joint checking account: 10 statements for 2009, 3 statements in 2010, 6 statements in 2011)

- joint car insurance for 2 cars

- life insurance (on my name showing my husband as the first beneficiary)

- pictures in different times and with different people

- joint lease for the place we rented in 2010 (we are signed there in two different dates - my husband signed the lease in May 2010 when I was out of the country, I added my signature in Jan 2011 in preparation for our application)

- 2 affidavits from mutual friends

I am pretty sure that is it.

Like I said, since then our financial situation improved and we have:

- joint saving

- joint CD

- joint credit card

- more utilities going to our current sublease (cable, electricity, cellphone) - with both of our names

- I will send tax returns for 2009 and 2010 which were missing from our previous app

- I will send some correspondence that went to our previous address that shows flowers I sent my husband and books we ordered on Amazon

Not sure we can add much more... what do you guys think? Do you think we need to add more pictures?

Thank you again!

[jkelly07 120]

send copies of your drivers license to show the same address,if you go to church pay dues ask the paster for a letter both names,tax transcripts are better to send, it shows that you filed your taxes, right from the irs.any body can send tax returns.any joint credit cards or debit cards.any loans togather,signed contracts,if you have children,copy of the birthcertificates, medical bills,your family cell phone plain,you have a dog or cat to the vet bills.

[deidre 13]

This kind of makes me a little concerned. Me and my wife are full time students, and really do not work (scholarships and student loans). We therefore didnt even send tax documents....cos we dont make enough to. Reading these posts kind of gets me concerned.

Hi danmarkx! Even though you are both students and dont earn very much, i will still submit taxes!!! Even if its only $200 youve earned or your bank interest earnt you 50 cents, please still submit taxes because this will save you the headache in the long run. (Plus... on your taxes im sure youll get a good refund coz you are a student!).