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
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.