Notice of Intent to Deny

[helpmylife]

SO.... We filed for my wife's adjustment of status on August 2015 at the Chicago field office. Interviewed on January 2016. On March 27th, 2018 we received a NOID (Notice of Intent to deny). We are quite shocked, almost 3 years since the process has began and never received any RFEs, but now we receive an intent to deny! The reason we are told is that we didn't provide enough documentary evidence to prove our relationship was bonafide. However, what makes me most upset, we provided quite a bit of documents and we also came to the interview extra prepared with lots of photos and additional supporting documentary evidence. We even asked if the interviewer would like to see more photos, she took a look at a few of them and took 2-3 of them and stuffed it in our file and handed back majority of our evidence. She said she would recommend our approval.

After reading through the NOID, they're questioning things that would have been easily answered had they looked at the documentary evidence we supplied them.

For example, regarding a release of mortgage (Home sale) with my ex-wife, "The committee is questioning why you would have financial ties 1 year after divorce with your ex wife?" If they would have looked through my marriage dissolution, they would see my ex wife had 1 year to refinance or buy me out of the home/quit claim. Hence why there was a release of mortgage 1 year after the divorce with my ex wife.

"You stated your mother attended the wedding ceremony, but you did not provide a sworn statement from your mother" - We provided a marriage certificate signed by the witness- My mother.

The fact that we did supply evidence that clearly answers the listed concerns that they had, makes me even more upset with this process. Let alone to wait 3 years on the edge of our seats for them to just issue a NOID.

Since then, we have sent a 6lb package of documentary evidence to rebuttal the NOID. Im hoping the evidence and additional documents will successfully counter any concerns they have. For the longest time, My wife kept saying "Why cant they just show up at 2 or 4am randomly to check our living arrangements?" sometimes I feel like that would be more effective. This process is for the birds.

Does anyone know how long we might need to wait for the review of our rebuttal?

[UScitizenFilingforspouse]

SO.... We filed for my wife's adjustment of status on August 2015 at the Chicago field office. Interviewed on January 2016. On March 27th, 2018 we received a NOID (Notice of Intent to deny). We are quite shocked, almost 3 years since the process has began and never received any RFEs, but now we receive an intent to deny! The reason we are told is that we didn't provide enough documentary evidence to prove our relationship was bonafide. However, what makes me most upset, we provided quite a bit of documents and we also came to the interview extra prepared with lots of photos and additional supporting documentary evidence. We even asked if the interviewer would like to see more photos, she took a look at a few of them and took 2-3 of them and stuffed it in our file and handed back majority of our evidence. She said she would recommend our approval.

After reading through the NOID, they're questioning things that would have been easily answered had they looked at the documentary evidence we supplied them.

For example, regarding a release of mortgage (Home sale) with my ex-wife, "The committee is questioning why you would have financial ties 1 year after divorce with your ex wife?" If they would have looked through my marriage dissolution, they would see my ex wife had 1 year to refinance or buy me out of the home/quit claim. Hence why there was a release of mortgage 1 year after the divorce with my ex wife.

"You stated your mother attended the wedding ceremony, but you did not provide a sworn statement from your mother" - We provided a marriage certificate signed by the witness- My mother.

The fact that we did supply evidence that clearly answers the listed concerns that they had, makes me even more upset with this process. Let alone to wait 3 years on the edge of our seats for them to just issue a NOID.

Since then, we have sent a 6lb package of documentary evidence to rebuttal the NOID. Im hoping the evidence and additional documents will successfully counter any concerns they have. For the longest time, My wife kept saying "Why cant they just show up at 2 or 4am randomly to check our living arrangements?" sometimes I feel like that would be more effective. This process is for the birds.

Does anyone know how long we might need to wait for the review of our rebuttal?

I am sorry you are in a rough spot. I have been in that exact spot before and it is stressful. Your marriage is clearly real. I would not be worried. I have been through this process twice. The first time was with my first spouse 22 years ago and I had no idea what I was doing. Didn't understand the process, how to present or put together evidence.

Before I can give you any meaningful feedback,though, may I ask:

1. Did you front-load ALL your evidence of bona fide marriage with your I-130 as required by the instructions?

2. If you submitted "some", what did you submit? It's unclear when you submitted your evidence.

3. Did the ISO refuse to accept the evidence you brought with you to the interview? In other words, did you end up in a no win situation where you submitted no evidence of bona fide marriage or some with your I-130 and brought it all to the interview, but the ISO chose to adjudicate your case only with the items you had sent? (this is what happens often with consular processing. They will not accept anything you bring in because the documents you sent have been verified and confirmed to not have been adulterated or fabricated.)

I see several issues and I am happy to share my feedback, but please answer those. You will be just fine. I just think this is a situation that a lot of people can and should avoid.

All the best.

[UScitizenFilingforspouse]

It sounds to me like you provided "some" evidence of bona fide marriage with your adjustment of status package. Often times people confuse a marriage certificate or divorce decree as evidence of bona fide marriage, and count those in as evidence. However, those two items only prove the current marriage occurred and was registered, and that the previous marriage was dissolved.

I am afraid you followed terrible advice from these two threads.

https://www.immihelp.com/forum/showthread.php/195655-bonifide-marriage-help?p=437928#post437928

https://www.immihelp.com/forum/showthread.php/159099-Submit-quot-bona-fide-quot-marriage-evidence-with-AOS-application-or-bring-to-interview

Nowhere on the USCIS website or I-130/I-485 instructions does it state that you do not have to provide all evidence required with your applications. But to just bring it to the interview. That is a misconception. It is not true.
Whether to front-load all your evidence of bona fide marriage is not a "technicality of preference". See for yourself:

I-130 Instructions, Page 3/12 Evidence. At the time of filing, you must submit all evidence and supporting documentation listed in the General Requirements section of these Instructions. USCIS may issue a **Notice of Intent to Deny (NOID)** or a Denial Notice for petitions filed without the required supporting evidence.

And you received a Notice of Intent to Deny. That should not have been a surprise. To be clear, I mean no disrespect. Like I said, you will ultimately be fine. Your marriage is real. I know it is. But others must know that those threads that are floating around are inaccurate and set you up for a rough interview experience. You were led to believe that any evidence sent with the applications would not be looked at. Someone else noted that it didn't seem like they even looked at it during the interview and that they would just ask a few questions and approve on the spot. Sure, that happens when the ISO has ALREADY looked through your evidence and has a positive impression of your case. They will judge your case by the items that are in front of them. At the same token, it's only logical to think they will suspect fraud if they see you did not follow directions and only sent a marriage certificate and a few other items.

So here's the way the ISO sees it. You were required to send ALL your evidence. Did not follow clearly stated directions. Then you bring in all this evidence. They have every reason to suspect those documents may not be legitimate. It is at their discretion to not accept them. There are attorneys who tell clients to bring the 3 most recent bills/statements/etc. That is terrible advice. USCIS wants to see a continuum. No gaps.

An ISO may wonder - Did you JUST change the names on the bill and request statements for the entire year, that way all statements will show both names even though both names were not on the account for the entire year?

How do you avoid that? Well, when you print statements as they are generated every month, include headers and footers, and the URL and date printed will display at the bottom and at the top. Then, you highlight the date printed. Then it is clear you didn't just stay up yesterday printing everything, but that you gathered these as they happened. Your light/gas/internet/cell phone bills give you two notifications via text. Well, print those text messages, too. There are 100 ways to skin a cat.

That's how you show them that they can throw the cat up in the air any way they want, this cat will always land on 4 paws.

Those who front-load may also run into trouble. Why? Well, you can't just send USCIS a stack of documents and expect them to connect the dots. Let me give two examples:
1. "You stated your mother attended the wedding ceremony, but you did not provide a sworn statement from your mother" - We provided a marriage certificate signed by the witness- My mother.

2. Regarding a release of mortgage (Home sale) with my ex-wife, "The committee is questioning why you would have financial ties 1 year after divorce with your ex wife?" If they would have looked through my marriage dissolution, they would see my ex wife had 1 year to refinance or buy me out of the home/quit claim. Hence why there was a release of mortgage 1 year after the divorce with my ex wife.

What's wrong with that picture? You expected USCIS to extrapolate for you. And they stood there with their arms crossed and did not "unwrap" the two pieces of evidence you provided. That's where the line is. Their job stops when they have to connect dots for you.

This is a legal matter. If you read the USCIS manual, you'll see it's all courtroom lingo. The burden of proof rests upon you. You are the one who has to show them your case is worthy of discretion and administrative grace.

It's best to state what each piece of evidence shows. Many recommend creating a timeline of key events and presenting evidence around those key events; from receipts to pictures. You expect them to corroborate your statement with your marriage certificate and add to the file "His mother was clearly present as she was the witness on the marriage certificate". That was your job, not theirs. They very well saw the marriage certificate.
Same goes for the release of mortgage. That should not have been there without a clear explanation. Your table of contents is key in documenting what your evidence shows. For example:
**** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** *
Evidence of Cohabitation
1. Copy of lease agreement listing Spouse Beneficiary & Petitioner as joint tenants at Street address, City, State, Zip Code since January 8th, 2018. (4 pages)
2. 2017 CRP, Certificate of Rent Paid issued by Landlord to Spouse Beneficiary for August 1st, 2017 - December 31st, 2017. (1 page)
--*Of note: serves as documentation that Beneficiary PAID RENT at Street Address. as early as August 1st, 2017, before Spouse Beneficiary's lease started on January 8th, 2018.
( **** This resolves any questions on why my spouse was not on the lease before January 8th, 2018. So I added the explanation **** )
**** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **
Evidence of Receiving Mail at Same Address
1. Spouse Beneficiary checking account statement as evidence that Spouse Beneficiary has received mail at Street Address, City, State, Zip Code as early as May 2017. (1 page)
2. Confirmation of Spouse Beneficiary address change request successful submission from [email protected]. Date: July 1st, 2017. (1 page)
3. Email from [email protected], confirming Spouse Beneficiary's address has been updated with new information provided on July 1st, 2017. (1 page)
4. I-797 Notice of Action addressed to Spouse Beneficiary - Approval notice for application for employment authorization displaying current address. Date: July 24th, 2017. (1 page)
**** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **
Evidence of Joint Electric Residential Service Account
1. Name of Electric Service Provider
Email notifications "your statement is ready" (2 pages total) sent to [email protected] (shared email account) Dates 01/14/18 & 02/13/18
**** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **
Evidence of having unrestricted access to each other's mail through USPS informed delivery account.
1. USPS Informed delivery daily digest - Print out from Petitioner's account (6 pages)
2. USPS Informed delivery daily digest - Print out from Beneficiary's account (36 pages)
**** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** ***
It seems silly, obvious and repetitive BUT in legal matters, if you do not state "it" and introduce "it" to the record, it will not be on the record. In my humble opinion, they sensed entitlement. And as I will explain below, marriage based adjustment of status cases are eligible for but not entitled to adjustment of status.

Marriage based adjustment of status cases involve discretion. "For adjustment case types that involve discretion, the exercise of favorable discretion and the approval of an adjustment application is a matter of administrative grace ? meaning the application is worthy of favorable consideration." In other words, while we are eligible for adjustment of status, we are not "entitled" to adjustment of status.

To be extra clear, the only adjustment of status cases that do not involve discretion are:
1. NACARA (Nicaraguan Adjustment and Central American Relief Act of 1997) [6]
2. Refugee Adjustment
3. HRIFA (Haitian Refugee Immigration Fairness Act of 1998) [7]
4. Persons Born Under Diplomatic Status
5. Presumption of Lawful Admission
6. American Indian Creation of Record
Provided the applicant meets all eligibility requirements, USCIS must approve the application.

To better gauge what's expected for your I-130/I-485, see Form I-751 instructions: https://www.uscis.gov/system/files_f...i-751instr.pdf

***Evidence. At the time of filing, you must submit all evidence and supporting documentation listed in the What Initial Evidence Is Required section of these Instructions.***

"Evidence of the Relationship
Submit copies of documents indicating that the marriage upon which you were granted conditional status was entered in good faith and was not for the purpose of circumventing immigration laws. Submit copies of ***as many documents as you can*** to establish this fact, to demonstrate the circumstances of the relationship ***from the date of the marriage to the present date***.

This actually means every month must be accounted for. They do not want any gaps. Thus, it's in everyone's best interest to start gathering evidence for the I-751 from the moment you get married. Why? There are accounts that will only let you access one year worth of statements - for example. If you wait until it's time to file, you may not be able to download every piece of evidence that you need.

This has happened to several people recently. I've checked the thread history and every time, I've run into threads like those two. The record must be rectified. People must know that is terrible advice.
I hope that you addressed every claim on their NOID. They took your case to a committee. No one should have to go through that. All you have to do is front-load your evidence, state clearly on your table of contents what each piece of evidence shows, and have a nice conversation with the ISO.

All the best to you.

[Katya7]

It sounds to me like you provided "some" evidence of bona fide marriage with your adjustment of status package. Often times people confuse a marriage certificate or divorce decree as evidence of bona fide marriage, and count those in as evidence. However, those two items only prove the current marriage occurred and was registered, and that the previous marriage was dissolved.

I am afraid you followed terrible advice from these two threads.

https://www.immihelp.com/forum/showthread.php/195655-bonifide-marriage-help?p=437928#post437928

https://www.immihelp.com/forum/showthread.php/159099-Submit-quot-bona-fide-quot-marriage-evidence-with-AOS-application-or-bring-to-interview

Nowhere on the USCIS website or I-130/I-485 instructions does it state that you do not have to provide all evidence required with your applications. But to just bring it to the interview. That is a misconception. It is not true.
Whether to front-load all your evidence of bona fide marriage is not a "technicality of preference". See for yourself:

I-130 Instructions, Page 3/12 Evidence. At the time of filing, you must submit all evidence and supporting documentation listed in the General Requirements section of these Instructions. USCIS may issue a **Notice of Intent to Deny (NOID)** or a Denial Notice for petitions filed without the required supporting evidence.

And you received a Notice of Intent to Deny. That should not have been a surprise. To be clear, I mean no disrespect. Like I said, you will ultimately be fine. Your marriage is real. I know it is. But others must know that those threads that are floating around are inaccurate and set you up for a rough interview experience. You were led to believe that any evidence sent with the applications would not be looked at. Someone else noted that it didn't seem like they even looked at it during the interview and that they would just ask a few questions and approve on the spot. Sure, that happens when the ISO has ALREADY looked through your evidence and has a positive impression of your case. They will judge your case by the items that are in front of them. At the same token, it's only logical to think they will suspect fraud if they see you did not follow directions and only sent a marriage certificate and a few other items.

So here's the way the ISO sees it. You were required to send ALL your evidence. Did not follow clearly stated directions. Then you bring in all this evidence. They have every reason to suspect those documents may not be legitimate. It is at their discretion to not accept them. There are attorneys who tell clients to bring the 3 most recent bills/statements/etc. That is terrible advice. USCIS wants to see a continuum. No gaps.

An ISO may wonder - Did you JUST change the names on the bill and request statements for the entire year, that way all statements will show both names even though both names were not on the account for the entire year?

How do you avoid that? Well, when you print statements as they are generated every month, include headers and footers, and the URL and date printed will display at the bottom and at the top. Then, you highlight the date printed. Then it is clear you didn't just stay up yesterday printing everything, but that you gathered these as they happened. Your light/gas/internet/cell phone bills give you two notifications via text. Well, print those text messages, too. There are 100 ways to skin a cat.

That's how you show them that they can throw the cat up in the air any way they want, this cat will always land on 4 paws.

Those who front-load may also run into trouble. Why? Well, you can't just send USCIS a stack of documents and expect them to connect the dots. Let me give two examples:
1. "You stated your mother attended the wedding ceremony, but you did not provide a sworn statement from your mother" - We provided a marriage certificate signed by the witness- My mother.

2. Regarding a release of mortgage (Home sale) with my ex-wife, "The committee is questioning why you would have financial ties 1 year after divorce with your ex wife?" If they would have looked through my marriage dissolution, they would see my ex wife had 1 year to refinance or buy me out of the home/quit claim. Hence why there was a release of mortgage 1 year after the divorce with my ex wife.

What's wrong with that picture? You expected USCIS to extrapolate for you. And they stood there with their arms crossed and did not "unwrap" the two pieces of evidence you provided. That's where the line is. Their job stops when they have to connect dots for you.

This is a legal matter. If you read the USCIS manual, you'll see it's all courtroom lingo. The burden of proof rests upon you. You are the one who has to show them your case is worthy of discretion and administrative grace.

It's best to state what each piece of evidence shows. Many recommend creating a timeline of key events and presenting evidence around those key events; from receipts to pictures. You expect them to corroborate your statement with your marriage certificate and add to the file "His mother was clearly present as she was the witness on the marriage certificate". That was your job, not theirs. They very well saw the marriage certificate.
Same goes for the release of mortgage. That should not have been there without a clear explanation. Your table of contents is key in documenting what your evidence shows. For example:
**** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** *
Evidence of Cohabitation
1. Copy of lease agreement listing Spouse Beneficiary & Petitioner as joint tenants at Street address, City, State, Zip Code since January 8th, 2018. (4 pages)
2. 2017 CRP, Certificate of Rent Paid issued by Landlord to Spouse Beneficiary for August 1st, 2017 - December 31st, 2017. (1 page)
--*Of note: serves as documentation that Beneficiary PAID RENT at Street Address. as early as August 1st, 2017, before Spouse Beneficiary's lease started on January 8th, 2018.
( **** This resolves any questions on why my spouse was not on the lease before January 8th, 2018. So I added the explanation **** )
**** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **
Evidence of Receiving Mail at Same Address
1. Spouse Beneficiary checking account statement as evidence that Spouse Beneficiary has received mail at Street Address, City, State, Zip Code as early as May 2017. (1 page)
2. Confirmation of Spouse Beneficiary address change request successful submission from [email protected]. Date: July 1st, 2017. (1 page)
3. Email from [email protected], confirming Spouse Beneficiary's address has been updated with new information provided on July 1st, 2017. (1 page)
4. I-797 Notice of Action addressed to Spouse Beneficiary - Approval notice for application for employment authorization displaying current address. Date: July 24th, 2017. (1 page)
**** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **
Evidence of Joint Electric Residential Service Account
1. Name of Electric Service Provider
Email notifications "your statement is ready" (2 pages total) sent to [email protected] (shared email account) Dates 01/14/18 & 02/13/18
**** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **
Evidence of having unrestricted access to each other's mail through USPS informed delivery account.
1. USPS Informed delivery daily digest - Print out from Petitioner's account (6 pages)
2. USPS Informed delivery daily digest - Print out from Beneficiary's account (36 pages)
**** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** ***
It seems silly, obvious and repetitive BUT in legal matters, if you do not state "it" and introduce "it" to the record, it will not be on the record. In my humble opinion, they sensed entitlement. And as I will explain below, marriage based adjustment of status cases are eligible for but not entitled to adjustment of status.

Marriage based adjustment of status cases involve discretion. "For adjustment case types that involve discretion, the exercise of favorable discretion and the approval of an adjustment application is a matter of administrative grace ? meaning the application is worthy of favorable consideration." In other words, while we are eligible for adjustment of status, we are not "entitled" to adjustment of status.

To be extra clear, the only adjustment of status cases that do not involve discretion are:
1. NACARA (Nicaraguan Adjustment and Central American Relief Act of 1997) [6]
2. Refugee Adjustment
3. HRIFA (Haitian Refugee Immigration Fairness Act of 1998) [7]
4. Persons Born Under Diplomatic Status
5. Presumption of Lawful Admission
6. American Indian Creation of Record
Provided the applicant meets all eligibility requirements, USCIS must approve the application.

To better gauge what's expected for your I-130/I-485, see Form I-751 instructions: https://www.uscis.gov/system/files_f...i-751instr.pdf

***Evidence. At the time of filing, you must submit all evidence and supporting documentation listed in the What Initial Evidence Is Required section of these Instructions.***

"Evidence of the Relationship
Submit copies of documents indicating that the marriage upon which you were granted conditional status was entered in good faith and was not for the purpose of circumventing immigration laws. Submit copies of ***as many documents as you can*** to establish this fact, to demonstrate the circumstances of the relationship ***from the date of the marriage to the present date***.

This actually means every month must be accounted for. They do not want any gaps. Thus, it's in everyone's best interest to start gathering evidence for the I-751 from the moment you get married. Why? There are accounts that will only let you access one year worth of statements - for example. If you wait until it's time to file, you may not be able to download every piece of evidence that you need.

This has happened to several people recently. I've checked the thread history and every time, I've run into threads like those two. The record must be rectified. People must know that is terrible advice.
I hope that you addressed every claim on their NOID. They took your case to a committee. No one should have to go through that. All you have to do is front-load your evidence, state clearly on your table of contents what each piece of evidence shows, and have a nice conversation with the ISO.

All the best to you.

This is an amzing post, thank you. Now I am worried, I did not sent them enogh evidence, LOL. But for real, I find their instructions pretty confusing. The worst thing, they don't provide guidance, and lawyers won't necesessarily gather a package for you better then you would've yourself...

[UScitizenFilingforspouse]

This is an amzing post, thank you. Now I am worried, I did not sent them enogh evidence, LOL. But for real, I find their instructions pretty confusing. The worst thing, they don't provide guidance, and lawyers won't necesessarily gather a package for you better then you would've yourself...

No, thank you for taking the time to read it. You should not be worried. Knowledge is power. You are already a step ahead, and cannot be blind-sighted. There is just a lot of misinformation out there. The instructions are confusing, and unclear. By the way, I did not come up with the idea of stating what the evidence shows on your Table of contents. I got that from this post on v1sa j0urney http://www. ******** ***.com/forums/...ws-megathread/ The link will get blocked but you can google in quotation marks "I-751 Cover Letter & List of Evidence Samples (and Reviews megathread)", it will be the first result.

And here's the link to our table of contents. I shared it with another member about a week ago. https://www.immihelp.com/forum/showt...aap+Anklesaria

Just go through the evidence you sent in. Fill in any gaps there might be. Ask yourself whether it tells the story you want it to tell. I would assemble evidence for the interview with a table of contents that outlines -in one or two sentences- what each piece of evidence is proof of. Then, there is no argument or room for interpretation. Finally, ask yourself whether the ISO will be able to adjudicate your case with the evidence and table of contents/explanations WITHOUT having to extrapolate/connect dots/ or fabricate statements you did not make.

I went through AOS with my first spouse 22 years ago. Being both young and clueless, we sent our marriage certificate, my spouse's US passport - basic items that showed that our marriage took place, that it was registered and that yes, it was my spouse and I who got married. That's it. The interview was videotaped -HUGE video camera. We had brought basic evidence with us - lease, electric bill, joint checking. There were no cell phones. We used beepers (pagers) back then. LOL YES So no cell phone bill. I had two jobs that paid just over minimum wage and a part time job. I did not have benefits. I didn't make enough and laws were different then. I remember not every place would offer you benefits. The interview was painful but being a true marriage we got through it.

Same story as his... My case just would not move forward. Finally, after I got a lawyer involved, we were issued a Notice of Intent to Deny. We addressed it and had to go in for a second interview. And it is all unnecessary. I felt wronged by the system; even targeted. But now I know I did not do my part. We got through it all because we were a true marriage. Then for the I-751 Petition to remove conditions, we made a concerted effort to document our lives and turned in notarized affidavits from people who knew us well and people who did not know us that well, but knew of us in the capacity of husband as spouse. Those carry a lot of weight. The affidavit from the cashier at the corner store where you both shop every weekend. Or the guy who sells you flowers for your spouse. Or say you always go to the same sales person in the suit section at Macy's and every time, your spouse is present. Or you frequent X restaurant and by now, the servers know you two are married and even celebrated an anniversary there. You get the idea.

So to anyone who's now waiting for the interview, this is the time to prepare. Visit both table of contents and you should have plenty of ideas of how to stage your evidence. That's the word I've been looking for since yesterday. "stage". Assemble it all with tab dividers, clearly labeled, and bring it to the interview. If it seems like the ISO has already made up his/her made before asking you the first question, then that's your queue. It's about to go south. Nip in the bud and in your own words say something that shows you have respect for the process and understand you're eligible but not entitled to adjustment of status. Then offer the table of contents/package and point out that each bullet point explains briefly what each item is evidence of. We can't forget they have to justify their approvals. A well crafted table of contents may just save the day.

On a different note, when is your interview? What field office?

All the best.

[Katya7]

No, thank you for taking the time to read it. You should not be worried. Knowledge is power. You are already a step ahead, and cannot be blind-sighted. There is just a lot of misinformation out there. The instructions are confusing, and unclear. By the way, I did not come up with the idea of stating what the evidence shows on your Table of contents. I got that from this post on v1sa j0urney http://www. ******** ***.com/forums/...ws-megathread/ The link will get blocked but you can google in quotation marks "I-751 Cover Letter & List of Evidence Samples (and Reviews megathread)", it will be the first result.

And here's the link to our table of contents. I shared it with another member about a week ago. https://www.immihelp.com/forum/showt...aap+Anklesaria

Just go through the evidence you sent in. Fill in any gaps there might be. Ask yourself whether it tells the story you want it to tell. I would assemble evidence for the interview with a table of contents that outlines -in one or two sentences- what each piece of evidence is proof of. Then, there is no argument or room for interpretation. Finally, ask yourself whether the ISO will be able to adjudicate your case with the evidence and table of contents/explanations WITHOUT having to extrapolate/connect dots/ or fabricate statements you did not make.

I went through AOS with my first spouse 22 years ago. Being both young and clueless, we sent our marriage certificate, my spouse's US passport - basic items that showed that our marriage took place, that it was registered and that yes, it was my spouse and I who got married. That's it. The interview was videotaped -HUGE video camera. We had brought basic evidence with us - lease, electric bill, joint checking. There were no cell phones. We used beepers (pagers) back then. LOL YES So no cell phone bill. I had two jobs that paid just over minimum wage and a part time job. I did not have benefits. I didn't make enough and laws were different then. I remember not every place would offer you benefits. The interview was painful but being a true marriage we got through it.

Same story as his... My case just would not move forward. Finally, after I got a lawyer involved, we were issued a Notice of Intent to Deny. We addressed it and had to go in for a second interview. And it is all unnecessary. I felt wronged by the system; even targeted. But now I know I did not do my part. We got through it all because we were a true marriage. Then for the I-751 Petition to remove conditions, we made a concerted effort to document our lives and turned in notarized affidavits from people who knew us well and people who did not know us that well, but knew of us in the capacity of husband as spouse. Those carry a lot of weight. The affidavit from the cashier at the corner store where you both shop every weekend. Or the guy who sells you flowers for your spouse. Or say you always go to the same sales person in the suit section at Macy's and every time, your spouse is present. Or you frequent X restaurant and by now, the servers know you two are married and even celebrated an anniversary there. You get the idea.

So to anyone who's now waiting for the interview, this is the time to prepare. Visit both table of contents and you should have plenty of ideas of how to stage your evidence. That's the word I've been looking for since yesterday. "stage". Assemble it all with tab dividers, clearly labeled, and bring it to the interview. If it seems like the ISO has already made up his/her made before asking you the first question, then that's your queue. It's about to go south. Nip in the bud and in your own words say something that shows you have respect for the process and understand you're eligible but not entitled to adjustment of status. Then offer the table of contents/package and point out that each bullet point explains briefly what each item is evidence of. We can't forget they have to justify their approvals. A well crafted table of contents may just save the day.

On a different note, when is your interview? What field office?

All the best.

Thanks, I have already printed table of contants for reading My field office is in Memphis, TN. I don't have an interview notice yet... Thanks again!

[UScitizenFilingforspouse]

Thanks, I have already printed table of contants for reading My field office is in Memphis, TN. I don't have an interview notice yet... Thanks again!

You're welcome! All the best!

[Katya7]

You're welcome! All the best!

Good morning!
Do you know by the chance the process of changing last name when all the papers have been submitted to USCIS? When is a good time to do that?
Thank you!

[helpmylife]

@UScitizenFilingforspouse Thank you for your response! Very well put together and I appreciate you sharing that with me.

When we first sent it in, we did not front load, rather I created a cover page of the included documents so that they can just easily identify the documents throughout the 1000 pages we sent them. However, we did not explain what each document provided to them as evidence. I understand expecting them to find the information on there own probably wasn't the best way to do this. I just assumed this is there job and they do this regularly enough and wouldn't ask such silly questions like why I would have a release of mortgage with my ex wife 1 year later.. Its quite common for home sales to take place 1 year after a marriage due to the stipulations set forth by the court.

Our original packet with application had proof of residence, medical insurance copies, beneficiaries to life insurance, photos etc. I'm sure this probably wasn't enough to establish our relationship, however we expected at the interview the real digging would occur and it did not. The interview went so well, she even said she would approve us based on what she had in front of her.

I wrote a pretty well laid out letter for the rebuttal and included a timeline of our relationship and visits. I answered every question they had in the NOID and also provided a good amount of supporting documentary evidence. Medical cards, step sons school records, Skype messages to/from my wife back when we first started seeing each other, affidavits from family, Joint credit cards, joint bank statement, Verizon Phone family plan copies, tax returns, airline tickets of our visits and vacations, sworn statement from mother about attending wedding, joint lease agreement, auto insurance copies and lots of photos from our time even before getting married.

Right now we are just full of anxiety waiting for the reply. Fingers crossed we are at the end of such a long journey and we hope we can close this stressful chapter of our life.

Again thank you UScitizenFilingforspouse for your direct and well written reply!!

[UScitizenFilingforspouse]

@UScitizenFilingforspouse Thank you for your response! Very well put together and I appreciate you sharing that with me.

When we first sent it in, we did not front load, rather I created a cover page of the included documents so that they can just easily identify the documents throughout the 1000 pages we sent them. However, we did not explain what each document provided to them as evidence. I understand expecting them to find the information on there own probably wasn't the best way to do this. I just assumed this is there job and they do this regularly enough and wouldn't ask such silly questions like why I would have a release of mortgage with my ex wife 1 year later.. Its quite common for home sales to take place 1 year after a marriage due to the stipulations set forth by the court.

Our original packet with application had proof of residence, medical insurance copies, beneficiaries to life insurance, photos etc. I'm sure this probably wasn't enough to establish our relationship, however we expected at the interview the real digging would occur and it did not. The interview went so well, she even said she would approve us based on what she had in front of her.

I wrote a pretty well laid out letter for the rebuttal and included a timeline of our relationship and visits. I answered every question they had in the NOID and also provided a good amount of supporting documentary evidence. Medical cards, step sons school records, Skype messages to/from my wife back when we first started seeing each other, affidavits from family, Joint credit cards, joint bank statement, Verizon Phone family plan copies, tax returns, airline tickets of our visits and vacations, sworn statement from mother about attending wedding, joint lease agreement, auto insurance copies and lots of photos from our time even before getting married.

Right now we are just full of anxiety waiting for the reply. Fingers crossed we are at the end of such a long journey and we hope we can close this stressful chapter of our life.

Again thank you UScitizenFilingforspouse for your direct and well written reply!!

No, thank you for remaining open to share your experience. I was just told I was bashing you. Clearly, I shared all mistakes made during my AOS and how I made up for it at the time I filed the I-751. If at any point I made you feel that way, I apologize and you have my word that was not my intention. Man to man. I believe in and thrive on direct communication and again, thank you for sharing.

You should not be anxious, at all. Your marriage is real. You just didn't do things in the order they like. That's all. However, you produced all the evidence they asked for and more. On the upside, thanks to this brouhaha, you are looking at getting the 10-year green card once it's all said and done.
Set that anxiety aside. This is the time for you two to get out there and enjoy the weather together, go out to dinner and sit outside - be seen together outside. When things get to this point with USCIS, they may send someone to observe and that person may or may not knock on your door. Often times, they do not. Field investigations are still a thing. You have nothing to hide. But they want to see what they want to see. So let them see you being the married couple that you are.

Any updates?

[helpmylife]

April 27th was the end of the 30 day window to submit the rebuttal. We made sure we sent the rebuttal in well before the deadline. Now we are just waiting on them to examine the additional documents and wait for the decision. Not entirely sure how long this part of the process may take, but at this stage we are used to the waiting.

@UScitizenFilingforspouse I did not take any offense to your reply, it was constructive and well received. It was appreciated that you took the time to write it out and provide some of your experience as well. So once again, I appreciate the support and experience that you provided!

We are hoping they give us the 10 year green card from the get go, however at this stage, any green card is a step in the right direction. Our next step would be to wait for my wife's son case to be reviewed and decided upon. We are assuming it would take some additional time after they finalize my wife's application.

[UScitizenFilingforspouse]

April 27th was the end of the 30 day window to submit the rebuttal. We made sure we sent the rebuttal in well before the deadline. Now we are just waiting on them to examine the additional documents and wait for the decision. Not entirely sure how long this part of the process may take, but at this stage we are used to the waiting.

@UScitizenFilingforspouse I did not take any offense to your reply, it was constructive and well received. It was appreciated that you took the time to write it out and provide some of your experience as well. So once again, I appreciate the support and experience that you provided!

We are hoping they give us the 10 year green card from the get go, however at this stage, any green card is a step in the right direction. Our next step would be to wait for my wife's son case to be reviewed and decided upon. We are assuming it would take some additional time after they finalize my wife's application.

Awesome! I do not recall how long it takes them to respond. It was so long ago. Miami didn't have the 5 offices it has now in one county. I would definitely keep tabs on any progress and make an InfoPass appointment once weekly to check on the status of it. Regardless of how your interview went, etc, the fact that you are still married 3 years later speaks for itself. They have to swallow their pride and issue the 10 year card and ISOs do not like doing that. Sometimes they will hold a case for no reason, and it will sit there collecting dust.
They gave you 30 days to respond. It's only fair they have 30 days to respond, too. On day 31, you go ahead and contact your Congress person, and watch everyone start acting proper and according to USCIS policy manual. The moment a Congress person gets involved, everyone starts behaving professionally. I would demand through the congress person that your wife's resident since date is backdated to 120 days after the interview took place. She would be eligible for citizenship by now.

[UScitizenFilingforspouse]

Awesome! I do not recall how long it takes them to respond. It was so long ago. Miami didn't have the 5 offices it has now in one county. I would definitely keep tabs on any progress and make an InfoPass appointment once weekly to check on the status of it. Regardless of how your interview went, etc, the fact that you are still married 3 years later speaks for itself. They have to swallow their pride and issue the 10 year card and ISOs do not like doing that. Sometimes they will hold a case for no reason, and it will sit there collecting dust.
They gave you 30 days to respond. It's only fair they have 30 days to respond, too. On day 31, you go ahead and contact your Congress person, and watch everyone start acting proper and according to USCIS policy manual. The moment a Congress person gets involved, everyone starts behaving professionally. I would demand through the congress person that your wife's resident since date is backdated to 120 days after the interview took place. She would be eligible for citizenship by now.

I take that back. I think I would not wait to reach out to your Senator. It's very effective. Knees wobble at USCIS when they get inquiries from Senators/congress.

[helpmylife]

Just wanted to give an update. After we had sent our rebuttal, we now have received the approval for the I-130 petition to establish relationship. I believe this is good news, as they now finally recognize our relationship and would put my wife and step son in line to receive a green card! We then received about a week later an RFE for updated medical examinations, so we did complete that yesterday and will be sending those in no later then next week! I think we are finally on a positive road and seeing light at the end of the 3 year long tunnel!

[boogiewoogie]

Just wanted to give an update. After we had sent our rebuttal, we now have received the approval for the I-130 petition to establish relationship. I believe this is good news, as they now finally recognize our relationship and would put my wife and step son in line to receive a green card! We then received about a week later an RFE for updated medical examinations, so we did complete that yesterday and will be sending those in no later then next week! I think we are finally on a positive road and seeing light at the end of the 3 year long tunnel!

Thats great news!