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I-751 - Received Notice of Action Letter asking Request for Evidence. What now?
My wife and I got married on July, 2008. Sometime later we filed the necessary applications for me to obtain my Permanent Residency status. After 10 months of wait I was granted a Permanent Resident card on 06/2009. Two years later on 06/2011 we filed I-751 application and after about 11 months later at the end of April 2012, received a Notice of Action Letter were stating the paragraph below and requesting additional evidence on. My wife did not file the tax returns jointly and when we were told they got to be joint returns we filed 1040 application to IRS for amended tax returns and added them into my I-751 Application. I was quite apprehensive about sending our last two tax returns which were not filed jointly but what else I could do.
Here is what’s stated on Notice of Action,
“U.S. Citizenship and Immigration Services (USCIS) has reviewed your Petition to Remove Conditions on Residence Form (I-751) and your supporting evidence. You submitted an amended tax transcripts for 2010 and 2009 that were are not issued by the IRS, a lease from 2009, partial Bank of America statements from February 2011 to February 2010, joint Bank of America cards, Progressive auto insurance documents from March 2011 to September 2011, utility bills, affidavits, and photos, but you have not established that you and your spouse entered the marriage in good faith and continue to share a life together. The evidence you provided was insufficient because it did not span the entire length of your marriage in sufficient detail nor does it support joint financial obligations, joint ownership of assets, joint indebtedness, co-mingling of funds and cohabitation.”
….and the rest of the Notice of Action says that they are basically asking the same evidence that they asked when I first filed the I-751.
Now there is something else though. While I was going through the Notice of Action, I realized that info in the paragraph above was incorrect.
Notice of Action says ...lease from 2009, partial Bank of America statements from February 2011 to February 2010, ...Progressive auto insurance documents from March 2011 to September 2011...utility bills...
For the lease :
I sent 3 documents for the lease 1. Initial lease (for my current address) which is from 06/2009 to 06/2010, 1st renewal from 06/2010 to 06/2011 and the second renewal from 06/2011 to 06/2012. When they say ...lease from 2009... if they mean that they have only the lease for 2009 then they are missing the some part of the documents which is the renewals. If it is otherwise, meaning they have them all from 2009 till the day I sent the file and therefore they are asking any lease from 2008, I do not have a joint lease for 2008 because I signed the lease for the apartment which I lived in 2008, long before I got married. I have the copy of that lease which I signed in 2007 for one year and by the time I got married I had less than 3 months left on the lease and when we asked the landlord if the current lease could be changed in to a joint lease, landlord said it could only be done by the time of the renewal of the lease. Since we never renewed that lease we were not able to show any joint lease for that time. After that we had sublet a space (not the entire apartment) in Brooklyn from 10/2008 till we leased and moved to our current apartment. (I have the lease and lease renewals)
For the Bank of America Statements :
I sent our Bank of America Statements from 10/2008 till 05/2011 but some reason they say ...partial Bank of America statements from February 2011 to February 2010... so they are missing 15 months of statements (I still have all of them)
For the Auto Insurance Documents :
I sent our Progressive and State Farm car insurance policies which were from December 2008 (which was the date we leased the car) till September 2011 (the last policy which was from March 2011 to September 2011). But they say ...Progressive auto insurance documents from March 2011 to September 2011..., so they are missing a big chunk of the car insurance documents there too. I have all the policies.
Since this is the situation, I am wondering if my file was somehow got mixed up somewhere and some documents got separated or lost. Also that makes me think that maybe there are more missing parts in the entire file, such as, the part of the utility bills, affidavits, photos etc. and since all the missing parts made the whole application look very unappealing and weak, they did not even find it necessary to mention about the other possible missing parts in the file. I believe on top of that seeing the unsatisfactory Tax Returns convinced them that they needed to see more evidence.
Given the information above could you tell me what you think that needs to be done? Should I send them a letter before sending the requested evidence stating that they are in fact missing the part of the application and the file?
Thanks in advance
Here is what’s stated on Notice of Action,
“U.S. Citizenship and Immigration Services (USCIS) has reviewed your Petition to Remove Conditions on Residence Form (I-751) and your supporting evidence. You submitted an amended tax transcripts for 2010 and 2009 that were are not issued by the IRS, a lease from 2009, partial Bank of America statements from February 2011 to February 2010, joint Bank of America cards, Progressive auto insurance documents from March 2011 to September 2011, utility bills, affidavits, and photos, but you have not established that you and your spouse entered the marriage in good faith and continue to share a life together. The evidence you provided was insufficient because it did not span the entire length of your marriage in sufficient detail nor does it support joint financial obligations, joint ownership of assets, joint indebtedness, co-mingling of funds and cohabitation.”
….and the rest of the Notice of Action says that they are basically asking the same evidence that they asked when I first filed the I-751.
Now there is something else though. While I was going through the Notice of Action, I realized that info in the paragraph above was incorrect.
Notice of Action says ...lease from 2009, partial Bank of America statements from February 2011 to February 2010, ...Progressive auto insurance documents from March 2011 to September 2011...utility bills...
For the lease :
I sent 3 documents for the lease 1. Initial lease (for my current address) which is from 06/2009 to 06/2010, 1st renewal from 06/2010 to 06/2011 and the second renewal from 06/2011 to 06/2012. When they say ...lease from 2009... if they mean that they have only the lease for 2009 then they are missing the some part of the documents which is the renewals. If it is otherwise, meaning they have them all from 2009 till the day I sent the file and therefore they are asking any lease from 2008, I do not have a joint lease for 2008 because I signed the lease for the apartment which I lived in 2008, long before I got married. I have the copy of that lease which I signed in 2007 for one year and by the time I got married I had less than 3 months left on the lease and when we asked the landlord if the current lease could be changed in to a joint lease, landlord said it could only be done by the time of the renewal of the lease. Since we never renewed that lease we were not able to show any joint lease for that time. After that we had sublet a space (not the entire apartment) in Brooklyn from 10/2008 till we leased and moved to our current apartment. (I have the lease and lease renewals)
For the Bank of America Statements :
I sent our Bank of America Statements from 10/2008 till 05/2011 but some reason they say ...partial Bank of America statements from February 2011 to February 2010... so they are missing 15 months of statements (I still have all of them)
For the Auto Insurance Documents :
I sent our Progressive and State Farm car insurance policies which were from December 2008 (which was the date we leased the car) till September 2011 (the last policy which was from March 2011 to September 2011). But they say ...Progressive auto insurance documents from March 2011 to September 2011..., so they are missing a big chunk of the car insurance documents there too. I have all the policies.
Since this is the situation, I am wondering if my file was somehow got mixed up somewhere and some documents got separated or lost. Also that makes me think that maybe there are more missing parts in the entire file, such as, the part of the utility bills, affidavits, photos etc. and since all the missing parts made the whole application look very unappealing and weak, they did not even find it necessary to mention about the other possible missing parts in the file. I believe on top of that seeing the unsatisfactory Tax Returns convinced them that they needed to see more evidence.
Given the information above could you tell me what you think that needs to be done? Should I send them a letter before sending the requested evidence stating that they are in fact missing the part of the application and the file?
Thanks in advance
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