I thought the ROC was in the bag...but resulted in RFE.

[Kris-n-Rachel]

Greetings CFL'ers.

 

It's been a long time since I felt the need to ask for advice, or for moral support, from you all. If I had asked for your input last summer, maybe this situation could have been averted. Anyway...

 

So, last August (2012) I mailed out the I-751 form for my wife and stepdaughter to finally receive their 10 year green cards. I was seeing bright light at the end of the multi-year tunnel, and I smugly sat back in my chair and congratulated myself. We waited...

 

Finally, last week a letter from USCIS appears in the mailbox. It did not contain the long awaited 10 year green cards. It contained an I-797E, a letter describing the RFE, and a return envelope. What did I do wrong!

 

The salient point in the RFE explanation letter is as follows: "...the evidence is dated shortly before the application was submitted and does not support the bona fides for the length of the marriage."

 

This is the list of evidence that I submitted with the I-751:

• Copies of the passports and green cards of Lixin and Ni .
• Copies of the Social Security cards of Lixin and Ni .
• Transcript of 2011 federal joint tax return of Kris and Lixin.
• Transcript of 2011 federal tax return of Ni
• Copies of drivers license for Lixin, and Learners Permit for Ni.
• Copies of Visa cards and debit cards for joint Credit Union account.
• Copy of latest joint saving/checking account of Kris and Lixin (Credit Union)
• Copy of latest joint saving account of Kris and Lixin (Bank)
• Copy of latest joint saving account of Kris and Ni (Credit Union)
• Copy of loan agreement for purchase of a vehicle in 2011.
• Copy of Fidelity 401(K) Beneficiary Summary and Account Summary showing Lixin as my beneficiary.
• Copies of our Blue Cross/Blue Shield health insurance cards showing a joint policy.
• Copy of Ni final student grade report for school year 2011-12.
• Copies of a few photos of us, from the last two years.

 

As I have been writing this, it becomes clearer to me that I focused more on the period of time that was covered by the original green cards. But we were only married for about six months before the green cards came. There is not a whole lot of evidence to provide from before the green cards arrived.

 

We are feeling pretty low right now. Hope that someone can give us some suggestions...

 

Kris and Rachel

[dnoblett]

You filed Aug 2012, which is 2 years of marriage, where is the 2010 joint tax return?

How about letters addressed to spouse at shared address.

Does your spouse attend college or take ESL classes? Attach copy of school bills.

Member at any local health club together?

How about older statements from the joint account from 2010.

Can also attach evidence from since filing the I-751.

How about affidavits from friends and family attesting to your relationship since your marriage? My wife and I attached two notarized letters, one from my accountant, and one from a respected university PHD professor.

 

We attached perhaps 12 photos of us together vacationing at various landmarks around the USA, like Brice Canyon, Key West, Grand Canyon, Niagara Falls, etc... Noted dates pictures taken and where.

[Randy W]

They have been known to send RFE's like this just fishing for additional evidence. Some say just to slow down the overall processing as a protest against mandates from the administration.

 

We haven't heard of this in a while, though - just gather up some additional evidence, like Dan suggests, and let it go at that. 10 to 1 you're next notice is either approval or an interview appointment. (unlikely).

[2mike&jin]

Perhaps I missed it but what about "Housing Information", Utility Information, Internet/Cable TV, and or Investment Information, copies of Family Christmas letter sent to family/friends, Car Registration, Ownership Records of Cars, Boats, Planes, Life Insurance Beneficiary Letters, any work related documents assigning benefits - "Other than 401K"?

 

Hopefully, along the way you have taken the "care" to put some of the accounts for the house with her name or added her to the accounts. If you Rented, placed her name as Joint person renting or if owning have placed her name on the title.

 

Best of luck on your subsequent submittal.

[warpedbored]

Like Mike said. Primarily what they want to see is evidence that the marriage is still bonafide. For instance I submitted a bank statement showing a joint checking account from when we first married and another very recent one showing the account was still active. Copies of a recent mortgage statement showing the house in both our names. An envelope that had been delivered to our address in her name.

 

In short anything you can think of to show an ongoing marriage.

[credzba]

Greetings CFL'ers.

 

It's been a long time since I felt the need to ask for advice, or for moral support, from you all. If I had asked for your input last summer, maybe this situation could have been averted. Anyway...

 

So, last August (2012) I mailed out the I-751 form for my wife and stepdaughter to finally receive their 10 year green cards. I was seeing bright light at the end of the multi-year tunnel, and I smugly sat back in my chair and congratulated myself. We waited...

 

Finally, last week a letter from USCIS appears in the mailbox. It did not contain the long awaited 10 year green cards. It contained an I-797E, a letter describing the RFE, and a return envelope. What did I do wrong!

 

The salient point in the RFE explanation letter is as follows: "...the evidence is dated shortly before the application was submitted and does not support the bona fides for the length of the marriage."

 

This is the list of evidence that I submitted with the I-751:

• Copies of the passports and green cards of Lixin and Ni .
• Copies of the Social Security cards of Lixin and Ni .
• Transcript of 2011 federal joint tax return of Kris and Lixin.
• Transcript of 2011 federal tax return of Ni
• Copies of drivers license for Lixin, and Learners Permit for Ni.
• Copies of Visa cards and debit cards for joint Credit Union account.
• Copy of latest joint saving/checking account of Kris and Lixin (Credit Union)
• Copy of latest joint saving account of Kris and Lixin (Bank)
• Copy of latest joint saving account of Kris and Ni (Credit Union)
• Copy of loan agreement for purchase of a vehicle in 2011.
• Copy of Fidelity 401(K) Beneficiary Summary and Account Summary showing Lixin as my beneficiary.
• Copies of our Blue Cross/Blue Shield health insurance cards showing a joint policy.
• Copy of Ni final student grade report for school year 2011-12.
• Copies of a few photos of us, from the last two years.

 

As I have been writing this, it becomes clearer to me that I focused more on the period of time that was covered by the original green cards. But we were only married for about six months before the green cards came. There is not a whole lot of evidence to provide from before the green cards arrived.

 

We are feeling pretty low right now. Hope that someone can give us some suggestions...

 

Kris and Rachel

 

We sent in many thing, but in addition to What Dan suggested, get a copy of her registration at school showing you and her mom as the guardians.

Our school was nice enough to even write a letter stating that we had been her guardians since enrollment (date) .

 

Out of all our other "ongoing" things I thought this was the strongest evidence. It was from a government organization (public school) it showed we stayed together and were responsible together over the entire time period.

 

In addition we sent 3 affidavits from neighbors and friends stating we were a married couple they knew, and that we had been together continuously since (date).

I basically wrote the letters for them by providing a framework of what I needed in the letters so it was easy for them to provide the right information.

 

As stated I sent in bills from every 6 months or so showing both our names.

 

I can't remember what all else, but try to think what they want to see.

They want "proof" that you came to america, and have been living together as a married couple for the entire time.

So, try to show events over the time period that show you were consistently together.

[NickF]

ChunMei and I will have our ROC application coming up this Fall. I was curious if anyone here has ever had it denied, even though it was a legitimate marriage. What do you do in that situation?

[dnoblett]

Doing a little searching I found this:

 

The problems usually leading to USCIS denying your petition include:

• late submission of the I-751
• insufficient documentation to convince USCIS that you meet the requirements for permanent residence, and
• underlying problems in the claim, such as a fraudulent marriage that has fallen apart.

Late Submission of Form I-751

This application has a strictly enforced time frame in which it may be filed with the USCIS, namely up to 90 days before the expiration date of your conditional residency. If you file early, the petition will be sent back to you for later filing. (This isn't really a denial -- it just means USCIS wouldn't even let your application in the door.)
If you file late, however, your I-751 will be immediately rejected and your case referred to immigration court for removal proceedings. You will receive notification, including an explanation as to why the application was denied. Talk to a lawyer immediately.

Insufficient Documentation

You will be required, in order for your application to be approved, to show that your marriage is, in fact, legitimate and ongoing -- or that, if the marriage has ended, you qualify for a waiver. You'll need to carefully assemble and choose documents to support your claim.
For example, if you're still married and are filing jointly with your U.S. citizen spouse, you'll want to provide copies of things like your children's birth certificates, apartment lease or property ownership deed showing both you and your spouse’s names, copies of any bills related to the ownership of that property (such as utility or electric bills), as well as financial statements that show joint checking or savings accounts.
Take a careful look at these documents before submitting them. Make sure they clearly show both your names (if not on each document, then in combination when reviewing all the documents).
Also make sure the documents cover the appropriate time period, namely the two years (or almost two years) since you were approved for conditional residence. Some couples make the mistake of submitting the same documents they did when first getting their residency, such as wedding pictures. USCIS isn't interested in these at this point -- it wants to know what's been going on for the last two years and to make sure you haven't just split up and are faking the marriage.

Underlying Ineligibility

Of course, some applicants really don't deserve U.S. residence, because their marriage is fraudulent. If this is the case, you can expect a denial at this point -- or to have your case reexamined in a few years when you apply for U.S. citizenship.
But fraudulent marriages aren't the only reason a case may be denied. For example, you must be fingerprinted (biometric testing) as part of your I-751 application process. The prints will be used for a crime check by the FBI. If you are discovered to have a criminal record, you may be found inadmissible to the United States, and your permanent residence denied.

http://www.usimmigrationlawyers.com/resources/immigration-law/adjustment-status/reasons-i-751-application-can-be-rejected

[NickF]

Actually Dan, I was wondering if it had ever happened to anybody here, and how they handled the situation when permanent residency was denied. I'm not concerned about ChunMei and me.

[Randy W]

Actually Dan, I was wondering if it had ever happened to anybody here, and how they handled the situation when permanent residency was denied. I'm not concerned about ChunMei and me.

 

I'm pretty sure it doesn't/hasn't happened to anyone here. Under the American legal system, two people who want to be married and claim to be married pretty much are. So an ROC denial would be due to a pretty big slip-up on the part of the applicant.

 

Even so, I would think that simply appearing in immigration court would go a long way toward proving the actualities. Talk to an immigrations lawyer.

 

But there are certainly other slip-ups that can get you in hot water with Immigrations.

Edited April 10, 2013 by Randy W
rw - added caveat (see edit history)