I-751 RFE

Old Mar 15th 2021, 7:16 pm
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Default I-751 RFE

Hi folks,

So, I submitted my I-751 along with what I thought was a decent amount of evidence. I submitted:
  • The I-751 form itself
  • 5 photos of my wife and I doing various things in the time since we got married (with the back of each photo annotated to explain what they were)....including our honeymoon
  • A gas bill with both our names on
  • A signed affidavit from a mutual friend explaining how they know us, and how long
  • A signed affidavit from a medical professional explaining how they know us, and how long
  • A photocopy of my green card
  • Our most recent tax return at the time
  • A copy of our rental agreement(the original one which expired in 2018, but we've just been signing addendum since then and I think we're not currently in a lease)
  • A copy of the car insurance policy with both our names on

They wrote back and basically said they wanted more evidence, specifically of our joint finances. My wife and I (to all intents and purposes) separate bank accounts. Not for any reason other than merging them has just been on our "to-don't" list for a while and has been shunted back in priority (especially at the moment). My name is on my wife's savings account, but I don't use it, and I just keep my own savings in my account(again, just for ease of administration).

I asked on reddit and someone said that what I sent wasn't near enough evidence. So, I plan to send back the following:
  • The RFE letter (obviously, since it asks for that)
  • A summary of the joint savings account with both our names on(there's decent chunk of change in there, that we're planning to use in conjunction with my savings for a house downpayment)
  • A copy of every rent check I've ever written for our current apartment (proving that I'm paying the rent for the place we both live)
  • Copies of our driver's licences(proving that we both live at the address that I'm paying rent checks for)
  • A copy of a mortgage pre-approval with both our names on (since we're intending to purchase property together in the next few months)
What do you folks think of this? I can't think of anything else I could possibly send proving that our relationship is genuine. My wife makes less money than I do, so she pays the electric bill (since it's typically lower) and I pay the gas bill(since it's normally higher). That's how we split our household expenses(I also pay the rent....for the aforementioned reasons)
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Old Mar 15th 2021, 11:35 pm
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Default Re: I-751 RFE

I personally wouldn't do the copies of the rent checks. All your other stuff sounds good.

It helps to include a smattering of the evidence across all the years since you got married (to show consistency).

Rene
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Old Mar 15th 2021, 11:41 pm
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Default Re: I-751 RFE

Copies of the utility bills (gas/electricty) spread over the years married: say 1 every 6 months
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Old Mar 16th 2021, 12:33 am
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Default Re: I-751 RFE

Originally Posted by Noorah101 View Post
I personally wouldn't do the copies of the rent checks. All your other stuff sounds good.

It helps to include a smattering of the evidence across all the years since you got married (to show consistency).

Rene
Why wouldn't you do the rent checks (out of interest)? And what would you suggest instead to show evidence across the years?

Originally Posted by SanDiegogirl View Post
Copies of the utility bills (gas/electricty) spread over the years married: say 1 every 6 months
Yeah, I can do that(sort of). I have every gas bill I've ever paid since we moved out of my wife's parents place....but not every year married (we lived with her parents for a year or two)


So, overall - do you think I have enough there? I've been terrified of sending it back in case that RFE was my last chance and I get my green card denied and I'm removable. Do I get more than one shot at this? i.e: will they RFE if they still need more, or will they just deny my application and boot me out?

Last edited by lenswipe; Mar 16th 2021 at 1:37 am.
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Old Mar 16th 2021, 2:21 am
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Default Re: I-751 RFE

I think the rent checks just shows who pays the rent. The other evidence shows more of your joint life together. I would think it world be enough.

I am not sure if you'd get another RFE or if they'd want an in-person interview. I don't think they would deny you outright without an in-person interview.

Rene
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Old Mar 16th 2021, 2:48 am
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Default Re: I-751 RFE

Originally Posted by Noorah101 View Post
I think the rent checks just shows who pays the rent.
Yeah, I guess my only thought with that was demonstrating that we both pay different pieces of our expense. But you're right.

Originally Posted by Noorah101 View Post
The other evidence shows more of your joint life together. I would think it world be enough.
Ah, great Thanks - I've been worrying about whether or not that's enough.

Originally Posted by Noorah101 View Post
I am not sure if you'd get another RFE or if they'd want an in-person interview. I don't think they would deny you outright without an in-person interview.
In some ways, I think I'd actually prefer an in-person interview. There's a more reasonable conversation you can have with a human being and explain things that you can't really have by mailing bits of paper back and forth. Very helpful though, thank you for putting my mind at rest.
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Old Mar 16th 2021, 12:45 pm
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Default Re: I-751 RFE

Are either if you mentioned on the others employment benefits? For example are you covered under the same health insurance, or do you pay for life insurance through your employer on the other spouse? If so, a print out of this would also be good evidence.

So, overall - do you think I have enough there? I've been terrified of sending it back in case that RFE was my last chance and I get my green card denied and I'm removable.
Even if that were to happen, you have appeal rights that would take years to exhaust.
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Old Mar 16th 2021, 2:04 pm
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Default Re: I-751 RFE

Originally Posted by civilservant View Post
Are either if you mentioned on the others employment benefits? For example are you covered under the same health insurance, or do you pay for life insurance through your employer on the other spouse? If so, a print out of this would also be good evidence.
Oh good idea, yes! She's on my health insurance for work and I think shea the beneficiary for my long term disability and/or life insurance plan



Originally Posted by civilservant View Post
Even if that were to happen, you have appeal rights that would take years to exhaust.
True, but it might impede my citizenship application
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Old Mar 16th 2021, 6:50 pm
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Default Re: I-751 RFE

Originally Posted by civilservant View Post


Even if that were to happen, you have appeal rights that would take years to exhaust.
To get technical, an I-751 denial cannot be "appealed." That said, it can be renewed before the immigration judge in removal proceedings. And rather than being an "appeal," it is a de novo application (i.e. treated as an entirely new application).

Also, if DHS does not institute removal proceedings, a denial is without prejudice to filing a new application without the procedural restrictions on motions to reopen or reconsider.
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Old Apr 13th 2021, 8:48 pm
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Default Re: I-751 RFE

I'm just about to send my documentation off - I've been hanging fire for a while to give any additional documentation time to accrue. However, at some point I just have to pull the trigger....and that point is now.

Originally Posted by S Folinsky View Post
To get technical, an I-751 denial cannot be "appealed." That said, it can be renewed before the immigration judge in removal proceedings. And rather than being an "appeal," it is a de novo application (i.e. treated as an entirely new application).

Also, if DHS does not institute removal proceedings, a denial is without prejudice to filing a new application without the procedural restrictions on motions to reopen or reconsider.
Does this mean that if my I-751 is denied, that:
  • I would renew my green card before a judge in removal proceedings, except it would be treated as an entirely new I-751 removal of conditions application?
  • This new application would not be prejudiced by the denial of the previous application?
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Old Apr 13th 2021, 9:27 pm
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Default Re: I-751 RFE

Originally Posted by lenswipe View Post
Does this mean that if my I-751 is denied, that:
  • I would renew my green card before a judge in removal proceedings, except it would be treated as an entirely new I-751 removal of conditions application?
  • This new application would not be prejudiced by the denial of the previous application?
The terms “appeal” and “without prejudice” what us legal types call “terms of art.” Perhaps it might be clearer to say that evidence previously submitted can be examined. That said, the prior conclusions of fact (aka “findings”) are not binding on the immigration judge.
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Old Apr 20th 2022, 1:19 am
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Default Re: I-751 RFE

Hi - just scrolling through - what was the update on this?
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Old Apr 20th 2022, 12:57 pm
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Default Re: I-751 RFE

Originally Posted by Nicola1234 View Post
Hi - just scrolling through - what was the update on this?
Hi, sorry 2021/2022 kinda got away from me. New house, new baby, new town.

So I basically followed the advice of everyone here and buried USCIS on evidence. Specifically a sample of utility bills spanning several years combined with photos of us together.

They seemed happy with that
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Old Apr 20th 2022, 1:18 pm
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Default Re: I-751 RFE

Originally Posted by lenswipe View Post
Hi, sorry 2021/2022 kinda got away from me. New house, new baby, new town.

So I basically followed the advice of everyone here and buried USCIS on evidence. Specifically a sample of utility bills spanning several years combined with photos of us together.

They seemed happy with that


Congratulations!! I’m so happy for you 😊 I was hoping for a good outcome!
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Old Apr 22nd 2022, 12:55 pm
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Default Re: I-751 RFE

When i submitted my I-751 we couldn't provide evidence on the housing front - mortgage and associated info is just in my name. All utilities and cars in separate names. Our main evidence was joint bank account with both salaries going into it, tax return, wife on my companies Health Insurance and both of us on the same car insurance. Didn't send in any affidavit's or pictures together. They did ask us at the interview where we had travelled together and my tiny brain went blank We have been to so many places together and i travel of business all over so i was struggling to separate them.
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