Matthew2

About a week or so ago, my wife and I received a "Request for Evidence" notice relating to our I-751 application to remove the conditions on my permanent residence. Apparently we didn't supply enough evidence of co-mingling of finances to indicate a bona fide marriage, so any advice or experience any of you could give me about how to take it from here and what to expect would be greatly appreciated.

Part of our plan is to consult an immigration lawyer very soon. Deadline to reply is November 5.

With the original application we included as evidence:

Lease of our current residence
Letter and copy of deposit check from previous residence
Statement from bank of joint bank account
Letter from bank for our joint bank account
Joint tax returns – 2005 and 2006
Flight reservations of seven joint vacations, from May 2005 through December 2006
My wife's life insurance profile, stating me as spouse
Affidavits of support from two friends


The Request for Evidence letter suggests sending the following items, as evidence of joint responsibility for liabilities since I was issued my green card in August 2005. I've included reasons why we can't submit them.

1) Birth Certificate of children - we don't have any.

2) Some bank statements showing joint account(s). Do not submit a bank letter - Our joint account was originally just my wife's, then I was added to it. The paper statements (which we haven't received for over a year since switching to online bills) only stated her name. Didn't think to get them to change it, until we came to gathering documents for the I-751 application.

3) Insurance policies - we think we can come up with something more concrete in terms of me being the main beneficiary on wife's life insurance.
We don't have JOINT medical insurance - when I moved to the US, my wife's was through her work, and I got my own with a different agency as it was more cost effective than getting on her insurance. Since then my wife has switched to insurance through her university, which is about to expire (we may end up with joint insurance now, ironically).
We don't have JOINT car insurance - I do not have a driver's license, since I have never learned how to drive. We felt it foolish to pay to insure me on a car I can't drive yet. Call us old fashioned...

4) Credit card statements - I have no US credit card (though my bank card acts as a credit / debit card). My wife has one, which is for emergencies, and has been used once in the past year. It's not a joint card. We don't rack up credit, instead paying things off straight away.

5) Loan documents - car loans, home improvements, business loans. We have no loans. We're both only 26 years old, and are renting an apartment.

6) Utility bills - the paper bills (which we no longer receive) had my wife's name and not mine, though I'm on the accounts.

When we submit new information, we plan to include a letter explaining why we didn't / can't include certain items - it's not that we have certain things such as loans, and aren't sharing them - we don't have them at all.

Is there usually an interview for the I-751 application, and especially in the case when they request further evidence? We would now love to have an interview, since apparently our documentation isn't sufficient. Would it perhaps be wise to request an interview in the letter?

Thanks very much in advance for your help.

CarlM

Interviews are rare, but the dont necessariy indicate a problem, sometimes they are a quality control issue. If you havent got some items, the simple answer is.. you cant send them! Send what you can, add a letter for good measure.

wildestkabs

Just send them what they are asking you for - and whatever you have. For whatever you don't have, I would consider sending an explanation(s) on why you would not be able to provide those docs.

I wouldn't "request" an interview. I think you will probably get approved without an interview, once the RFE has been received.

RFEs can be sent for diiferent reasons. I believe I attached a lot of good evidence but I still got RFEd and I have to respond by the 7th of November. They have asked me to send them a statement explaining the conditions surrounding the divorce and what was done to save the marriage. I was almost ready to send it yesterday but couldn't, so I am now going to send it on Tuesday.

By the way, what service center? Sounds like CSC.

Rete

Matthew

A search of the forum will show that others have received the same RFE as you have.

My husband and I were in a similar situation with AOS and removal as our lease and all utilities are in my name alone. So I became innovative and came up with other items to satisfy their demands. Some suggestions would be:

1. Mobile phone with shared minutes listing both phone numbers, hers and yours;

2. Cards and envelopes sent for holidays and anniversaries;

3. Joint membership in the same clubs, ie health clubs, for us it was a bowling league;

4. Letters of affidavit from friends and family attesting to your marriage specifying a date in particular when you attended a function together in their presence;

5. Photographs of the two of you together on vacation along with travel itineraries if you have it, hotel receipts, etc.

6. Letter from your landlord stating you occupy the same apartment;

7. Letter from employer stating who is beneficiary to the 401K plan and name of person listed for emergency contact;

8. A detailed letter from you and her (both sign it) stating what you told us above;

9. Bank statements if you wages are direct deposited into the same account (highlight the deposits); and

10. Resend all the evidence you sent previously as it might have been lost.

Rete

Squentna

I could add:
1- Affidavits from the neighbors next door including a picture? They
see you come and go every single day!
2- Junkmail with your names and correct addresses?
3- The Food-Lion grocery store tag on your keychain that gets a little
price reduction at the grocery store?
4- letters from work to you with correct address?
5- those insurance card letters that come to the correct address?
The list is actually endless if you just look at your mail :-)
One never knows what's going to tip the balance in your favor. david

Matthew2

California.

Matthew2

I've spoken to a few attorneys and been given some conflicting advice, although all said not to explain why we don't have certain items mention in the RFE letter. I understand the point of view that perhaps they disregard explanations, but can it really do any harm?

Although the RFE letter says NOT to send a bank letter (our joint bank account statements only had my wife's name on them until this Summer due to an oversight at the bank, and us not noticing until we filed the I-751), one attorney said to get the bank to write a letter explaining that we have had an account since I arrived in the states, and that they made a mistake in not adding my name to the statements. He said "they put all kinds of stuff in those letters". Hmmm.

One attorney said it's good to send evidence of letters, statements etc sent to each of us at our current address, even if they're not to BOTH of us. Another said not to bother, as we could just be roommates.

We didn't submit photos with the I-751 but we are doing that this time.

One attorney told me what we should have done 2 years ago. Thanks. For. That. Now will you teach me how to build a time machine?

Anyway, we're mailing it off at the beginning of next week and keeping our fingers crossed. Oh, and no need to say "you should have sent this in earlier". The helpful attorney told me that too.

Thanks for your help, guys.

Matthew2

My application to remove the conditions has been approved! My green card should be here within 60 days.

And relax...

Noorah101

Congratulations!