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Bona Fide Marriage Proofs - Failed Stokes Interview - Notice Of Intent to Revoke I-130

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  • Bona Fide Marriage Proofs - Failed Stokes Interview - Notice Of Intent to Revoke I-130

    I previously posted details to the community conference call and was advised to consult with an attorney. We did and the attorney said that this is something that we can easily resolve on our own.

    [Previous post: Conference Call For July 2, 2009 Notice of Intent to Revoke Petition for Alien Relative I-130 (Spouse) Marriage Fraud Suspected ]

    I have to submit our rebuttal to USCIS by Friday, July 17th.

    In my rebuttal, I have addressed the discrepancies which occurred during the Stokes interview. My husband's English is not very good and he misunderstood some of the questions, etc.

    USCIS believes that our marriage of 7 years is not bona fide and is a sham marriage! USCIS says that we have NEVER lived together and that we know very little about each other.

    How much documentation should I send with the rebuttal statement? Do I need to include ALL joint checking account statements for the past 7 years?

    I have IRS Tax Return Transcripts for the past four years, W2s, and our copies of the Tax Returns. Older Tax Returns are not available without having to pay $57 for each return.

    USCIS used the ChoicePoints database to verify our "claimed" residence address which they found that we were living elsewhere and have "never" co-habitated together. This is rubbish! ChoicePoint had a security breach several years ago when an identity theft ring compromised the thousands of consumers information. I have called ChoicePoint and advised them of the USCIS findings. Their Full File Disclosure Team rep was gracious enough to allow me to fax them my request and ID and immediately ran our reports so that we can get this mess resolved regarding the ChoicePoint database errors. She is expediting our files which we will have tomorrow.

    As far as proofs of residence, what should I include? I own my home but only my name is on the deed. Only Bank account, one vehicle and utility bill have both names. I've lived at this address since 1989 and still maintained the home as a secondary residence when I moved out of state and later returned.

    My previous employer is faxing me a letter regarding why my husband was not included on my health care benefits as I was furloughed during the period which USCIS is questioning.

    USCIS didn't give any credence to the affidavits which were previously submitted -- "are without corroborating evidence and lacks probative value." I have one new affidavit however USCIS may not accept it as the person is not a USC or LPR.

    I will submit several photos again, however USCIS didn't like the ones previously submitted as they appear to be "staged".

    So here is what I have:

    2002 - 2008 Tax Returns, IRS Transcripts (2005-2008), most of my W-2s
    Checking Account Statements 2005 - 2009
    ChoicePoint Full File Disclosure
    Former employer letter regarding benefits for spouse
    Affidavit of friend
    Photographs 2002 - 2008
    Email copies between husband, stepchildren and myself from 2002-2004 when husband was out of country
    Rebuttal letter


    Is there anything else which I should include with the rebuttal to the Notice of Intent to Revoke letter to give as proof of a bona fide marriage?



    Please advise. Thanks.

  • #2
    Affidavit of friend
    you have only one person who can attest to your genuine marriage? what about your church (pastor, priest, whatever)? what about your stepchildren's school - stating that you pick children up from school, or go to parent-teacher conferences? joint gym memberships?
    any other friends? family? vacations spent together? travel together? volunteer anywhere together? proof children were in your custody while husband was abroad? children's doctor - did you take children to the doctor? coworkers seeing you at the Christmas party at work together? anybody? neighbours?

    Comment


    • #3
      NEVER lived together???



      True?










      Originally posted by LucyMO View Post
      you have only one person who can attest to your genuine marriage? what about your church (pastor, priest, whatever)? what about your stepchildren's school - stating that you pick children up from school, or go to parent-teacher conferences? joint gym memberships?
      any other friends? family? vacations spent together? travel together? volunteer anywhere together? proof children were in your custody while husband was abroad? children's doctor - did you take children to the doctor? coworkers seeing you at the Christmas party at work together? anybody? neighbours?

      Comment


      • #4
        Originally posted by LucyMO View Post
        you have only one person who can attest to your genuine marriage? what about your church (pastor, priest, whatever)? what about your stepchildren's school - stating that you pick children up from school, or go to parent-teacher conferences? joint gym memberships?
        any other friends? family? vacations spent together? travel together? volunteer anywhere together? proof children were in your custody while husband was abroad? children's doctor - did you take children to the doctor? coworkers seeing you at the Christmas party at work together? anybody? neighbours?
        Thanks for your reply.

        We had affidavits from a board member/friend from the Gurdwara (Sikh place of worship); a neighbor; my daughter however USCIS said that they are not detailed enough. These were presented at the last interview (Stokes) 12/2008.

        I received an affidavit from our mutual friend who introduced us in 2002, which is very detailed. However, it may not be accepted as the person is not a USC/LPR. He lives in Miami Beach and London and is a citizen of the UK.

        Stepchildren live in London and India, never have met any of the family on husband's side as none are here in USA. We talk on the phone and via internet often.

        We have lots of photos with family and friends, however I am trying to provide solid proof of a bona fide marriage, i.e: paper documentation.

        Comment


        • #5
          Originally posted by nycfeng View Post
          NEVER lived together???



          True?
          Of course not, it is NOT true! USCIS is going on erroneous info from ChoicePoints database to verify our residence, which shows us living at two different addresses which we have never been to. This is most likely due to the security breach which ChoicePoints had several years ago. A Nigerian ID Theft ring compromised 100,000+ consumer files. Google "ChoicePoints Security Fraud"

          We have lived together since we got married in 2002. The only times when we did not, was when DH was out of the country on extended stays prior to us filing in 2004.

          Comment


          • #6
            You did not show bank statements or utility bills with same address of you two?

            Originally posted by Singh4US View Post
            Of course not, it is NOT true! USCIS is going on erroneous info from ChoicePoints database to verify our residence, which shows us living at two different addresses which we have never been to. This is most likely due to the security breach which ChoicePoints had several years ago. A Nigerian ID Theft ring compromised 100,000+ consumer files. Google "ChoicePoints Security Fraud"

            We have lived together since we got married in 2002. The only times when we did not, was when DH was out of the country on extended stays prior to us filing in 2004.

            Comment


            • #7
              Originally posted by nycfeng View Post
              You did not show bank statements or utility bills with same address of you two?
              Yes, we submitted joint bills at the 7/05 and 12/06 interviews: joint bank account, joint car insurance, joint vehicle registration, joint credit cards, joint medical insurance, and joint utility bills, drivers license and all ID have the same address -- all in joint names.

              The NOIR states that "the documents submitted are without corroborating evidence and lacks probative value."

              Comment


              • #8
                Maybe you didnot change your personal info, like SSN, with certain agency.

                Originally posted by Singh4US View Post
                Yes, we submitted joint bills at the 7/05 and 12/06 interviews: joint bank account, joint car insurance, joint vehicle registration, joint credit cards, joint medical insurance, and joint utility bills, drivers license and all ID have the same address -- all in joint names.

                The NOIR states that "the documents submitted are without corroborating evidence and lacks probative value."

                Comment


                • #9
                  Originally posted by nycfeng View Post
                  Maybe you didnot change your personal info, like SSN, with certain agency.
                  No, that is not the case! Social Security Number hasn't changed since it was issued in 1965! And there was NO name change as husband and I already had the SAME surname at the time of marriage.

                  Comment


                  • #10
                    Originally posted by nycfeng View Post
                    Maybe you didnot change your personal info, like SSN, with certain agency.
                    I am already a citizen and I haven't gotten around to changing the SSN card...

                    Comment


                    • #11
                      Singh, get a great lawyer and get him to write a rebuttal letter, plus enclose copies of all of the documents above.

                      during my AOS interview USCIS didn't even ask for proof of [joint life], and my driver's license was still out of state...

                      You need a great lawyer and you need to hurry up.

                      Comment


                      • #12
                        Originally posted by Kenyan_guy
                        You are screwed, why arent you living together. USCIS can never give you "your props" for that dunny.
                        We do live together, re-read the thread! I said that USCIS claims that we don't live together.

                        Comment


                        • #13
                          Originally posted by LucyMO View Post
                          Singh, get a great lawyer and get him to write a rebuttal letter, plus enclose copies of all of the documents above.

                          during my AOS interview USCIS didn't even ask for proof of [joint life], and my driver's license was still out of state...

                          You need a great lawyer and you need to hurry up.

                          DH's attorney said that we could make the reply ourselves since it would be me to gather all the docs etc.

                          Just an update on us responding to the USCIS letter of Notice of Intent to Revoke my husband's I-130 petition:

                          The deadline was yesterday, so on Thursday we hand delivered our rebuttal letter and supporting documents and evidence of a bona fide marriage. We had made an InfoPass appointment so that we could obtain entrance into the office. The packet weighed about 6 lbs and was 4" thick!

                          My three page letter responded to the discrepancies in the Stokes interview. DH gave different answers than me in the interview and misunderstood some of the questions. His English is poor and it really frustrated the IO.

                          Some of the docs we provided: All tax returns 2002-2008; all bank statements 2005-2009; our Full File Disclosure Reports from ChoicePoint which shows us living together at present address as USCIS used ChoicePoint as well for residence verification which USCIS stated that we did not live together. Also included a statement from my previous employer which states that if USCIS needs more info regarding spousal benefits, that USCIS will have to serve them with a Subpoena. Included photocopies of photos from 2002-2009; and another affidavit from a friend. Also included letters from our US Senator as his office had made inquiries with USCIS regarding our case.

                          So now we wait for USCIS to digest the evidence and give their decision.

                          Comment


                          • #14
                            good luck!

                            Comment


                            • #15
                              Finally received GC notification after 5yrs waiting...!!

                              Well, this long wait is finally over!! We received 2 CRIS emails this morning:



                              *** DO NOT RESPOND TO THIS E-MAIL *** The last processing action taken on your case Receipt Number: EAC04********* Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS Current Status: Card production ordered. On September 3, 2009, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

                              *** DO NOT RESPOND TO THIS E-MAIL *** The last processing action taken on your case Receipt Number: EAC04******** Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS Current Status: This case is now pending at the office to which it was transferred. The I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was transferred and is now pending standard processing at a USCIS office. You will be notified by mail when a decision is made, or if the office needs something from you.


                              It has been exactly 5 years today that USCIS received my husband's I-130/ I-485 petition. We have waited very patiently for this final decision, after receiving the NOID two months ago. We are happy that now we can finally travel back home to India later this year!

                              GOD BLESS AMERICA & GOOD LUCK TO ALL!

                              Comment


                              • #16
                                Wow! Congrats!

                                Comment


                                • #17
                                  Congrats!!!

                                  Originally posted by Singh4US View Post
                                  Well, this long wait is finally over!!
                                  Regards,
                                  S K Ghori
                                  skg@vex.net
                                  http://www.vex.net/~skg/

                                  **NOTE**
                                  I underwent the immigration process in both Canada and the US. I hold Pakistani, Canadian and US citizenship.

                                  **DISCLAIMER**
                                  I am neither a lawyer nor an immigration consultant. My comments should NEVER be considered as legal or professional advice as they are not meant to be such.

                                  Comment

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