Received RFE

[NMK94 4]

Hi all,

We received an RFE for my wife to submit more documentation. (I am a US citizen).

Admittedly, we didn't put our I-751 documents together as thoroughly as we could have. But no use crying over spilled milk, just need to get them what they need now!

I owned the house before we were married, and to add her would have required refinancing the house. So we never added her. Also, she's not on the utility bills (again, were all in my name before marriage).

So first, some things we don't have:

• Both names on mortgage
• Both names on utilities
• Credit card in both names
• Car in both names

However, our joint bank accounts pay the bills for all of those things.

Here are the docs we are including, plus our questions to you all:

• 2013, 2014 and 2015 tax docs for Federal and State, along with the e-file authorization forms we sent to our accountant. (We sent 2013 before, but they said there was no proof we'd filed it.)
• Affidavit from accountant (CPA and also Certified Fraud Examiner (CFE)) saying he has been doing my taxes for nearly 10 years, and that he has been doing our joint taxes since we were married
• W-2s from my wife showing our house as her residence
• Auto insurance cards for both of our cars. Both names on both cards.
• Auto registration for both cars. Her car is in her name only, my car in my name only, but they show the same address.
• Auto lease for my wife showing our shared residence as address (but I am not co-lessee).
• Should we send the auto insurance policies? How about billing statements?
• Letter from medical insurance company adding her to my policy
• Medical Insurance cards listing both of our names (wife as dependent)
• Should we include billing statements? They only list my name.
• Banks statements for two different banks, listing both of our names on the account. One account was hers, one was mine (before marriage). Now we are on both.
• Three Affidavits from people we know
• Wills, living wills, and power of attorneys (but all done recently)
• Should we include documents that show the house, but are in her name only? For example, she has a credit card and a personal loan that are in her name only, but list our house as the address.

One thing is that USCIS asked that we not send documents we've already sent. As I mentioned before, unfortunately we weren't that thorough, and we didn't keep a copy of what we sent before. I did keep a list, but not 100% detailed. So for the bank statements, we previously sent them "a few months" (according to RFE). These were the few months before we sent in the I-751. We're now sending everything back to the start of the marriage, but with a gap that includes what we think we sent before. Should we just fill in that gap and send everything? Worried that they won't have the old stuff handy.

What do you all think? Will this be enough?

Thanks in advance for any advice!

[davendale 10]

Are they asking for specific documents or evidence?

[NMK94 4]

Yes. Some of the things they are asking for we don't have, but here is everything they ask for:

Children as a result of your marriage:

- birth certificates

- adoption decrees

Evidence you and spouse reside together and share responsibility for a common residence:

- leases in both names

- deeds and mortgages in both names

Evidence of combined financial resources:

- joint checking

- insurance policies

- joint federal and state tax returns

- joint utility bills or

- joint installment or other loans

Evidence of estate, health and financial planning arrangements:

- a will

- a trust or

- a power of attorney

Affidavits from third parties

Any other relevant documents not already mentioned. Please do not send copies of documents previously submitted.

[Pitaya 2,577]

Hi all,

We received an RFE for my wife to submit more documentation. (I am a US citizen).

Admittedly, we didn't put our I-751 documents together as thoroughly as we could have. But no use crying over spilled milk, just need to get them what they need now!

I owned the house before we were married, and to add her would have required refinancing the house. So we never added her. Also, she's not on the utility bills (again, were all in my name before marriage). Explain as such in your RFE letter.

So first, some things we don't have:

• Both names on mortgage
• Both names on utilities
• Credit card in both names
• Car in both names

However, our joint bank accounts pay the bills for all of those things. Be sure to include all joint names statements since inception of the marriage.

Here are the docs we are including, plus our questions to you all:

• 2013, 2014 and 2015 tax docs for Federal and State, along with the e-file authorization forms we sent to our accountant. (We sent 2013 before, but they said there was no proof we'd filed it.) Many folks use IRS-supplied tax return transcripts, with copies all W-2s, and 1099s
• Affidavit from accountant (CPA and also Certified Fraud Examiner (CFE)) saying he has been doing my taxes for nearly 10 years, and that he has been doing our joint taxes since we were married Weak evidence, less worth than an affidavit.
• W-2s from my wife showing our house as her residence All should be included above with ITRs.
• Auto insurance cards for both of our cars. Both names on both cards.
• Auto registration for both cars. Her car is in her name only, my car in my name only, but they show the same address. Explain the reasons for the title separation in cover letter.
• Auto lease for my wife showing our shared residence as address (but I am not co-lessee).
• Should we send the auto insurance policies?. How about billing statements? Yes to both, if joint policy, title page only.
• Letter from medical insurance company adding her to my policy
• Medical Insurance cards listing both of our names (wife as dependent)
• Should we include billing statements? They only list my name. Of marginal use.
• Banks statements for two different banks, listing both of our names on the account. One account was hers, one was mine (before marriage). Now we are on both. All bank statements since inception of the marriage that are joint, use cover letter to explain changes.
• Three Affidavits from people we know Tends to be weak evidence, but if you have them, send them.
• Wills, living wills, and power of attorneys (but all done recently) Good.
• Should we include documents that show the house, but are in her name only? For example, she has a credit card and a personal loan that are in her name only, but list our house as the address. Explain in cover letter.

One thing is that USCIS asked that we not send documents we've already sent. As I mentioned before, unfortunately we weren't that thorough, and we didn't keep a copy of what we sent before. I did keep a list, but not 100% detailed. So for the bank statements, we previously sent them "a few months" (according to RFE). These were the few months before we sent in the I-751. We're now sending everything back to the start of the marriage, but with a gap that includes what we think we sent before. Should we just fill in that gap and send everything? Worried that they won't have the old stuff handy. Explain in cover letter.

What do you all think? Will this be enough?

Thanks in advance for any advice!

Welcome to the forum.

Explain the rationale for the various separate titles, accounts, time frames in RFE cover letter.

Hope that will be enough in the eyes of the adjudicator. Use the cover letter to your advantage.

Good luck on your immigration journey.

Edited May 20, 2016 by Pitaya

[NMK94 4]

Thanks Pitaya! Very useful!

Just one question: Why would an affidavit from our accountant be weak if he is the one handling all of our taxes and filing directly with the IRS and state?

[Olivia-GoldenMom 1]

Hi NMK94, I think the documents you listed are more than sufficient.

I submitted our phone and text records, as well as our life insurance showing spouse as beneficiary.

I don't think auto insurance will be necessary, but sure you can add it too. - Bill? Personally I don't think it's necessary.

Some pictures of you with your friends? or records of air-ticket purchase, hotel booking for your vacation with photo attached?

[Sukie 1,464]

Thanks Pitaya! Very useful!

Just one question: Why would an affidavit from our accountant be weak if he is the one handling all of our taxes and filing directly with the IRS and state?

Anyone can write an affidavit. It is never considered PRIMARY evidence, but since you have it, that's something you can send this time.

The best advice is to EXPLAIN things, which I think another poster has said quite well.

I, too, own the house by myself (I bought it in 2002, we met in 2009 and married in 2013). All the utilities are in my name. But I sent a letter explaining this, along with copies of our driver's licenses with the same address, as well as our homeowner's insurance with both of us listed. In addition, I pointed to the fact that the utilities are paid with our joint checking account.

If we get dinged for this, then we'll just sit through an interview, and be happy to do so!

Sukie in NY

[NMK94 4]

Thanks Olivia and Sukie!

Question about putting together documents: Which chronological order should they go in? Latest to earliest, or vice-versa?

Example: When putting all the bank statements together, should we start with the latest from 2016 and go back to 2013 when we were married, or put the 2013 statements on top?

Thanks!

[akihon 129]

I would do latest to earliest.

[Pitaya 2,577]

Thanks Pitaya! Very useful!

Just one question: Why would an affidavit from our accountant be weak if he is the one handling all of our taxes and filing directly with the IRS and state?

Affidavits are a weak source of evidence as it is. You can get anybody to sign their name on a piece of paper saying that they know that you guys are a couple, or attest to anything else you want. Of course, they are not going to say anything bad. The same applies with an accountant, a doctor, a lawyer, pharmacist, etc. They will say what you want them to say, i.e., i do their taxes, check their blood pressure, wrote their wills, fill their prescriptions, etc...

In contrast, they want just the facts, hard irrefutable evidence would be something like a joint bank statement with both names on it, a jointly-named car title/loan, a joint mortgage document, a jointly/named stock brokerage house statement, a jointly-named credit card statement.. an IRS-supplied tax return transcript with both of your names on it. Those types of documents are the type of "marriage bonafides" evidence, since the inception of the marriage, that the USCIS wants to see.

[squareleg 69]

Yes. Some of the things they are asking for we don't have, but here is everything they ask for:

Children as a result of your marriage:

- birth certificates

- adoption decrees

Evidence you and spouse reside together and share responsibility for a common residence:

- leases in both names

- deeds and mortgages in both names

Evidence of combined financial resources:

- joint checking

- insurance policies

- joint federal and state tax returns

- joint utility bills or

- joint installment or other loans

Evidence of estate, health and financial planning arrangements:

- a will

- a trust or

- a power of attorney

Affidavits from third parties

Any other relevant documents not already mentioned. Please do not send copies of documents previously submitted.

You can get a will, trust or PoA from an attorney.

Get affidavits from third-parties: this is quick hit.

Include any birth etc. certificates if applicable.

Regarding financial co-mingling: include tax transcripts. include health and life insurance policies (not just the cards), no need to send garbage (a.k.a all the statements for last 3-years) - only send one per quarter - just make sure that you cover the entire period under consideration.

Include the RFE letter and respond in detail as what you have included. Good luck!

Edited May 21, 2016 by squareleg

[gstrength 20]

I will suggest a letter from life insurance company designating your spouse as beneficiary.

[davendale 10]

I would add this: forget the utility bills. We didnt include a single one in our packet and had no issues whatsoever with ROC. This is a ridiculous requirement, but one that for some reason many in these forums tout heavily. I could add my dog's name to any utility bill. What does that prove? Stick with the reasonable and big ticket stuff like tax transcripts, life insurances, deeds, bank statements etc. These are things that are vey difficult to fake

[NikLR 13,228]

Utility bills can prove people live together when combined with other evidence. If the USCIS is specificaly asking for utility bills, then provide some if possible.

Wills etc can be found online via legal zoom and often even for free if theyre really simple.

[NMK94 4]

Thanks all. We are going to include the affidavits as we have them. We ordered the IRS transcripts, hope they come soon (IRS website said 5-10 days).

With all the bank transcripts we will have a very large pile of papers. We've seen the USCIS page on how compile everything. If anyone had a lot of documents (Pitaya, you mentioned sending a total of 6 lbs. worth of pages for your RFE in another thread), how was this all put together? Just with ACCO fasteners. Is it ok to split into two packets?

Also, our RFE said not to send anything we've already sent. But the USCIS website says:

Keep copies of all submissions. Don't assume the officer will have access to a prior file or record. Submit as complete a packet as possible so the case can be adjudicated from what you submit. Submit a complete packet of information for each petition or application. If officers have to review prior files or records, the adjudication of the case can be delayed substantially.

Italics are mine. So should we send all of the documents we sent with the initial I-751 and just explain in the cover letter?

Thanks everyone for all the help!