Request for Evidence
Apr 2nd 2008, 11:05 pm
#1
Just Joined
Thread Starter
Joined: Dec 2004
Posts: 25
Request for Evidence
Well, had another surprise when I went to get the mail from PO Box. There was a letter from USCIS: "Request for Evidence - I-751" accompanied by blue "I-797E, Notice of Action" That was quite a disappointment considering that original petition to remove conditions from my Green Card already had a lot of evidence with it.
Now, we have tried to gather everything we can think of that has both of our names but that's not very much. We have 2 different credit card bills, joint bank account, lease, 06 and 07 tax returns (filed jointly) and car financing. All the utility bills are in my wife's name because she already lived in this place before I came and they won't let us add second person in those, we already had tried to ask if that was possible. We have couple of letters that people we know wrote saying that we are a legitimate couple, we have pictures of us in Seaworld and Busch Gardens. Can't really think of anything else!
Anyway, am I supposed to put the original blue paper with all this or copy of it? On front it says "Return this notice on top of the requested information" but at the back it says to include copy of it.
Jampe
Now, we have tried to gather everything we can think of that has both of our names but that's not very much. We have 2 different credit card bills, joint bank account, lease, 06 and 07 tax returns (filed jointly) and car financing. All the utility bills are in my wife's name because she already lived in this place before I came and they won't let us add second person in those, we already had tried to ask if that was possible. We have couple of letters that people we know wrote saying that we are a legitimate couple, we have pictures of us in Seaworld and Busch Gardens. Can't really think of anything else!
Anyway, am I supposed to put the original blue paper with all this or copy of it? On front it says "Return this notice on top of the requested information" but at the back it says to include copy of it.
Jampe
Apr 2nd 2008, 11:40 pm
#2
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: Request for Evidence
Return the blue piece of paper -- that is what it says.
Unfortunately, the newer RFE's are worded in such a way that they simply give the impression that you MUST give the requested evidence. In fact, you have three options in responding:
1. give them everything they ask for;
2. give them part of the information they ask for [or something else] and ask them to adjudicate based upon original submission and additional evidence submitted.
3. notify them that you are not giving any additional evidence and adjudicate on what you have.
The one thing you can NOT do is ignore the thing.
By the way, it is common not to have things with common name -- but do you have common addresses on things? Also, sometimes bills on joint accounts will have only one name -- say a credit card -- show copies of the cards with the same account number even though the bill is in one name.
An RFE is not the end of the world. Just make sure you respond to it.
Apr 3rd 2008, 1:08 am
#3
Concierge
Joined: Apr 2001
Posts: 46,466
Re: Request for Evidence
On top of that I would suggest that you also send (once again) copies of everything you sent previously as it might have been misplaced and the adjudicator might not have seen it.
Do you have:
1. Holiday - Anniversary cards and envelopes?
2. Subscriptions: some in your name and some in her name but both with the same address?
3. Letter from your employer noting who is the beneficiary of company benefit plans, i.e. health, dental, life insurance, 401K, and who is emergency contact person, i.e. your spouse?
4. Car insuance policy listing you both as drivers?
5. Family plan cell phone listing both your phone numbers?
6. Different credit cards are fine if you provide the cover page showing the individual name and address for each. Verifies that you live together.
You have more than you believe if you really think about it.
Do you have:
1. Holiday - Anniversary cards and envelopes?
2. Subscriptions: some in your name and some in her name but both with the same address?
3. Letter from your employer noting who is the beneficiary of company benefit plans, i.e. health, dental, life insurance, 401K, and who is emergency contact person, i.e. your spouse?
4. Car insuance policy listing you both as drivers?
5. Family plan cell phone listing both your phone numbers?
6. Different credit cards are fine if you provide the cover page showing the individual name and address for each. Verifies that you live together.
You have more than you believe if you really think about it.
Last edited by Rete; Apr 3rd 2008 at 2:08 am.
Apr 3rd 2008, 1:27 am
#4
BE Forum Addict
Joined: Mar 2007
Posts: 4,059
Re: Request for Evidence
Do you have:
1. Holiday - Anniversary cards and envelopes?
2. Subscriptions: some in your name and some in her name but both with the same address?
3. Letter from your employer noting who is the beneficiary of company benefit plans, i.e. health, dental, life insurance, 401K, and who is emergency contact person, i.e. your spouse?
4. Car insuance policy listing you both as drivers?
5. Family plan cell phone listing both your phone numbers?
6. Difference credit cards are find if you provide the cover page showing the individual name and address for each. Verifies that you live together.
1. Holiday - Anniversary cards and envelopes?
2. Subscriptions: some in your name and some in her name but both with the same address?
3. Letter from your employer noting who is the beneficiary of company benefit plans, i.e. health, dental, life insurance, 401K, and who is emergency contact person, i.e. your spouse?
4. Car insuance policy listing you both as drivers?
5. Family plan cell phone listing both your phone numbers?
6. Difference credit cards are find if you provide the cover page showing the individual name and address for each. Verifies that you live together.
Do you have wills? If so, have they been updated since marriage showing each other as beneficiaries? Send copies. If you don't have wills, now is a great time to get them prepared. Powers of attorney? Same thing. Health care powers of attorney? Living wills/trusts?
Apr 3rd 2008, 2:49 pm
#5
Forum Regular
Joined: Dec 2007
Posts: 33
Re: Request for Evidence
If where you work you have to give personal information like "emergency contact" and other like address, etc, who is your spouse...get a copy of it and added it.
That mail about Capital One in one and other name...put that one. They know more than IRS that you live in there...because they will keep sending you those mails like forever!
Get a letter from your lease/renters about you both live in that place. Not only the lease contract. Example, "to whom may concern, mr. carlo adams and mrs. daniella adams occupied the apt 45 as stated in the lease contract #234251 from jan07 and is valid until dec08. Sincerely, Investments and Properties Inc." and the manager of your place can signed it. I think is called a letter of occupation...can't recalled.
I had the same problem with the power bill...BUT even on the paper statement I am not in there and we are paperless, if I log on on their website I was able to see my name, so I printed it. For past data I asked for a historical statement and that please included both of our names and they did it. Of course there are the ones that "can't add another name..." so for those they at least can put your name as "reference contact" (like my cellphone bill)and ask if they at least would be willing to make a note stating that your name is a "reference contact" and they should add the address and the account holder (your wife). Your wife, should ask and demand for this since you are not really the account holder or primary.
That mail about Capital One in one and other name...put that one. They know more than IRS that you live in there...because they will keep sending you those mails like forever!
Get a letter from your lease/renters about you both live in that place. Not only the lease contract. Example, "to whom may concern, mr. carlo adams and mrs. daniella adams occupied the apt 45 as stated in the lease contract #234251 from jan07 and is valid until dec08. Sincerely, Investments and Properties Inc." and the manager of your place can signed it. I think is called a letter of occupation...can't recalled.
I had the same problem with the power bill...BUT even on the paper statement I am not in there and we are paperless, if I log on on their website I was able to see my name, so I printed it. For past data I asked for a historical statement and that please included both of our names and they did it. Of course there are the ones that "can't add another name..." so for those they at least can put your name as "reference contact" (like my cellphone bill)and ask if they at least would be willing to make a note stating that your name is a "reference contact" and they should add the address and the account holder (your wife). Your wife, should ask and demand for this since you are not really the account holder or primary.
Apr 3rd 2008, 11:27 pm
#6
Just Joined
Thread Starter
Joined: Dec 2004
Posts: 25
Re: Request for Evidence
Thank you for all the great ideas! My wife has life insurance through her work and I am the beneficiary so she will get a copy of that. We have renter's insurance that is in both of our names. My wife has a child from previous marriage and I am one of the contacts and authorized people to get him from school and Boys & Girls Club so maybe we could get copies of those papers too. Making progress!
