Buddy

I hope someone can reassure me about this. When we sent in the I-751
we included:

- copy of both sides of her permanent resident card
- most recent rent and utility payment receipts, showing both our
names. These are the utilities we pay to the apartment manager, which
are divided among the occupants of the 4-plex where we live. Other
utilities are only in my name since I signed up before she arrived.
- title and registration, showing both names, of the car we bought
since she arrived (we have another car only in my name, bought before
she arrived)
- the two Affidavits, notarized

That covers all the categories listed on the instructions for the form.

After waiting almost a year we received a letter with the heading
"Request for Evidence". The letter starts "The documentation submitted
is not sufficient...". But it's something from each category they
asked for! Then it goes on to list 4 areas:

1. something like "Documents relevant to establish that we didn't get
married to evade immigration laws." There is nothing specific listed.
It seems like being asked to prove a negative, which is not possible.
Should I send photographs? I have photos beginning many years before
we married, of me visiting her and her family, through the wedding and
reception in her country (600 people!), to a few weeks ago when we went
to visit my mother and brother.
Also we made a music CD of her singing as a fundraiser for the relief
efforts in her country (Indonesia) which shows us both as Copyright
owner, should we send one?

2. Copy of lease. That's no problem, originally I sent the most
recent payment receipt but I can send the lease itself. But the term
written on the lease has expired. We extended with the building
manager, and the rent has actually been reduced since then, but it's
just oral. Should I send the lease and explain this? I don't want to
ask the building manager for a new written lease since if he knows I
need it for this he would use that as leverage to want to change some
terms more in his favor.

3. financial - joint ownership of assets, responsibility for
liabilities, bank accounts, tax returns, insurance policies, loans,
etc.

The only asset we owned that had documentation was the car mentioned
above. It has since been stolen. Eventually I got another second car,
but it's only in my name since it's an old beater I got for a few
hundred $$ until we get a nicer one. We have not assumed any
liabilities or loans. Everything we have is paid for. The only
insurance we have is auto insurance for the 2 cars, which shows us both
on it, but as I said both cars are in my name only now. I have not had
to file tax returns since she arrived because I didn't owe any
additional tax. Eventually I will do that to have the overpayments
carried forward but the amounts are small so I haven't bothered with
that yet. The only bank account is my checking account I had before
she arrived. She hasn't worked here so we haven't opened any new
accounts or changed the one I had.

4. The letter pointed out that the birthdate on the permanent resident
card was off by three days. We looked at the card and it really is off
by three days. We never noticed that before. However, we put the
correct date on the initial paperwork (form 325) turned into the
embassy, so it was USCIS which put the wrong date on it. Should we
include a copy of that 325 form? We have a copy of her birth
certificate, and my wife is competant in both languages so she made a
translation and the statement they ask for that she is competant in
both languages.

But that brings up something else. Her birth was in a small village on
an outlying island where, according to the local spoken dialect, they
began the spelling of her first name with a "Y" but it's pronounced
like "J" so on all her later records, from school and church through
her passport and all our visa paperwork it's with a "J". She has never
in her life used the spelling with the "Y". I remember when we put in
her visa paperwork at the Embassy they had us go to her country's
passport office and get a stamp and notation which basically means that
either spelling is OK and for the same person. But now I fear that will
be a problem again. She no longer has the passport stamp because she
has renewed her passport through her country's consulate in LA.

I hope someone can tell me something to put my wife at ease. She knows
of others whose I-751 sailed through and is really upset that it seems
she is having such a hard time. She is adamant that we must send the
response today
so it gets there ASAP.

I keep reading posts about people wanting to send enough docs to avoid
an interview. In our case we would like to have an interview because
we are confident that someone who sees us together would know we are
legit, and we just want to get this over with.

Thanks for any input

bionomique

Huh? You have a requirement to file a tax return, regardless of if you have to pay additional tax or not. I presume you are working, since she's not. Tax returns showing that you file as "married" either filing separately or jointly is a critical element of the evidence you should provide. Her name added to the bank account would also be a good idea, despite the fact that she is not working.

Rete

Not very much evidence if that is all you included. I know that worked for some people but apparently your adjudicator is not satisfied.

A wedding with 600 guests? Wow, I won't know 100 guests to invite ;-( This is really not as difficult as you think. Include:

Pictures of the two of you at various holidays, functions, vacations

Receipts from trips you took together, i.e. hotel bills, transportation stubs, professional itineraries

Letter of employers stating who is the beneficiary to various employer/employee sponsored benefits, i.e. healthcare, dental, life insurance, 401K, name of emergency contact, etc.

Cards and letters with envelopes if available addressed to you both.



Why didn't you send it in the first place? Don't know the state you are living in but if you are that fearful of being taken advantage of or blackmailed then do what you suggested with a letter of explanation and several copies of receipts of rent paid.


Resubmit what you sent originally and add on the latest tax return if not originally included. Copies of all bank accounts, credit cards in both names, utility bills, cell phones, auto insurance listing you both as driver's, etc.

Why does it have to be a new one? Can't you add her name to the checking account?

Again, I have to ask why you didn't check such an important document such as the green card for accuracy? Yes send all the documentation you have to substantiate your wife's birth date.


Assure her that she still is in status until told otherwise and that it far better to submit correct and required documentation rather than a small amount and get another RFE.

That is not why people send in lots of documentation. They, like us, sent in a fair amount of every category simply because we wanted to prove our case regardless of whether an interview was required or not. In fact most interviews are because of randomly being chosen rather than because of doubts.

It looks like you might well have the interview that you desire if you cannot come up with enough evidence to prove the validity of your marriage.

Wishing you good luck.

Jan Alaska

It sounds to me that the 'evidence' you sent with your I-751 petition was lacking, in addition to the copies of the greencard , driving license and proof of mortgage / rent payments we also sent a cancelled check showing the account is in both our names along with a sample of our statements (we purposely opened a joint account so we would have proof of joint assets) letters and cards from friends, lots of photos, joint tax returns (this is a real biggie, no matter if shes working or not if you file jointly you prove you are financially a couple).
Regardless of wether you owe taxes or not you should file, you may incurr a penalty now for late filing (I'm not that clear on taxes etc) BUT you can file jointly, include her on your taxes which will help with proof of joint financial liability. You say you own a car and that she had a car which was stolen, I take it she has a drivers license and insurance in her name ?? if so send copies. Its not too late to open a joint bank account which will also help, and yes send photos, letters ... anything that shows she lives where she lives and that you are a couple.
Its up to you to prove to them beyond doubt that you are living as a genuine couple, only by having finances / insurances etc in both your names will you be able to do that.

Hope this is of some help

Jan

NOLA_Dave

Actually, when I had just graduated and started working, I got an interesting postcard from the IRS. It said that since their figures suggest I didn't owe any taxes, I didn't need to file. That is, unless I really did, in which case they would come after me... It was the strangest thing I ever saw. Of course, I did file, since the IRS owe *me* money. And of course, that's why they did it; to trick stupid people into not requesting their refund. It only happened one year (Clinton administration, not surprisingly). But I think it means you may not *have* to file if you don't owe tax, but if they find out somehow you did owe tax, they'll nail you. Of course, the easiest way to make sure is at www.irs.gov.

bionomique

Huh? Are you working and earning over the minimum income requirement of $4,600? Or self-employment income of $800 or more? How can they come after you if you don't file?

Rete

That is not what it means. It means you don't have to file if you don't earn enough to file taxes. There is a cut off (and I don't know what it is) where people who earn that amount or less do not have to file. But even so if you worked and had taxes withheld, I'd be damned if the government would sit on my money when it belongs in my bank account and not theirs.

ian-mstm

It sounds like your wife has been a PR for 3 years. If she is eligible, she can apply for naturalization regardless of whether or not you hear anything about the I-751. In fact, if she is eligible for naturalization, then *that* application will necessarily force an adjudication (and usually approval) of the I-751... and it's probably a lot faster!

Ian