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Conditional Green Card - now want more evidence, should I be worried

Conditional Green Card - now want more evidence, should I be worried

Old Oct 8th 2015, 8:21 pm
  #16  
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Default Re: Conditional Green Card - now want more evidence, should I be worried

Originally Posted by Jerni
You realize that's bad advice right? The I-751 instructions are very clear on this, the evidence needs to cover from marriage to now, not from when you became a PR.

From http://www.uscis.gov/sites/default/f...i-751instr.pdf
No, I didn't realize, sorry. I was assuming she became a PR upon entry to the USA (if already married and getting an immigrant visa). If she entered on a K1, then yes... evidence should go back to date of marriage.

if she was already married prior to becoming a PR, she only need to show back to that date, as far as I know. Not back to the marriage date.

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Old Oct 8th 2015, 8:24 pm
  #17  
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Default Re: Conditional Green Card - now want more evidence, should I be worried

Originally Posted by Pulaski
But US Immigration already know she was out of the US for extended periods. Is it better to leave large voids in her timeline history?
Unless something has changed, I don't recall the I-751 asking about time spent in or out of the USA. That is asked at the naturalization stage. For the I-751, you only need to show co-mingling of finances and life together. ... which may or may not be in physical sense.

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Old Oct 8th 2015, 8:26 pm
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Default Re: Conditional Green Card - now want more evidence, should I be worried

Originally Posted by Noorah101
..... you only need to show co-mingling of finances and life together. ... which may or may not be in physical sense. ....
But that's my, and the OP's point, it is difficult to show physical comingling when you're 3,000+ miles apart.
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Old Oct 8th 2015, 8:34 pm
  #19  
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Default Re: Conditional Green Card - now want more evidence, should I be worried

yes you are right - the only evidence of co-mingling, if you can call it that, is when my husband had to find a new place for us to live while I was in UK and I did the online searches and emailed him suggested rental properties. he then sent me photos and a floor plan of the place we decided on. All worked out when 3000+ miles apart. But what does that prove? I hope it proves I was coming back to live there, but does it?
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Old Oct 8th 2015, 8:48 pm
  #20  
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Default Re: Conditional Green Card - now want more evidence, should I be worried

Originally Posted by Pulaski
But that's my, and the OP's point, it is difficult to show physical comingling when you're 3,000+ miles apart.
Not really all that difficult. They still maintained their joint evidence, even though she was outside the USA. My point is that they don't have to prove they were or were not together physically. Just that they have a joint life together.

I'm a good example. My husband was in LA most of the time. Physically we were together only a few days per month. But we maintained a joint life together. We just were not physically together very much. I see the OP's scenario similar to that.

The I-751 does not ask to account for time outside the USA, or time spent away from your spouse. .. so there's no need to account for it.

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Old Oct 8th 2015, 8:49 pm
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Default Re: Conditional Green Card - now want more evidence, should I be worried

Originally Posted by becks_r
yes you are right - the only evidence of co-mingling, if you can call it that, is when my husband had to find a new place for us to live while I was in UK and I did the online searches and emailed him suggested rental properties. he then sent me photos and a floor plan of the place we decided on. All worked out when 3000+ miles apart. But what does that prove? I hope it proves I was coming back to live there, but does it?
You don't have to prove that.

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Old Oct 8th 2015, 9:46 pm
  #22  
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Default Re: Conditional Green Card - now want more evidence, should I be worried

so you are saying I have to prove I have a joint life with my husband, but because we haven't intermingled our finances much - one joint bank account, no saving, no joint credit cards, it will be harder for me to prove that joint life.
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Old Oct 8th 2015, 9:56 pm
  #23  
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Default Re: Conditional Green Card - now want more evidence, should I be worried

Originally Posted by becks_r
Then Monday I got a letter asking for more evidence.
You have 3 options, and 3 options only:

1) Respond to the RFE and include everything they ask for.
2) Respond to the RFE and include some of what they ask for.
3) Respond to the RFE and include none of what they ask for.

The only thing you can't do, is ignore the RFE.

That all said, I would include a copy of everything you sent originally, in addition to whatever else they ask for.

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Old Oct 8th 2015, 9:58 pm
  #24  
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Default Re: Conditional Green Card - now want more evidence, should I be worried

Originally Posted by becks_r
so you are saying I have to prove I have a joint life with my husband, but because we haven't intermingled our finances much - one joint bank account, no saving, no joint credit cards, it will be harder for me to prove that joint life.
As mentioned in the excellent suggestion above send in the Utility bills that you have. Your name will be on one, your spouses on the other.

Affidavits from friends and colleagues.

Join the local library. Anything that has your name and address on it.

2013 tax return?

W2s from work?
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Old Oct 8th 2015, 10:48 pm
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Default Re: Conditional Green Card - now want more evidence, should I be worried

For the credit cards - login online and add each other as authorized users, then print out that page and include it with the additional evidence. I don't think you'd have time to wait for the actual cards to arrive, but the authorized user page is better than nothing.

How about more Heath insurance stuff? Copies of claims? Any HSA stuff?

If you dig a little I bet you'll find lots more stuff. At this point you want to send as much as possible.

Last edited by Jerni; Oct 8th 2015 at 10:56 pm.
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Old Oct 8th 2015, 10:59 pm
  #26  
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Default Re: Conditional Green Card - now want more evidence, should I be worried

OK - I realise now I didn't send enough of the evidence from my marriage onwards, so I will resend all I sent in the first place plus anything new and try to find as much that shows both our names together, as well as each name separately and hopefully that will be enough.

Thanks for all your help so far
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Old Oct 8th 2015, 11:07 pm
  #27  
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Default Re: Conditional Green Card - now want more evidence, should I be worried

Hi Jerni

Yes I will see if I can be added to the credit cards. And I have loads of medical stuff - it is something I have really noticed as a difference between here and UK - the amount of preventative tests the doctor recommends you for!! So I have all the reminders for annual check ups etc.

thanks for the suggestion!!
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Old Oct 9th 2015, 5:10 pm
  #28  
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Default Re: Conditional Green Card - now want more evidence, should I be worried

It is not unusual for USCIS to lose documents along the way. It is easy for them to become separated. Do not fret.

Send exactly what you sent before and add to the list additional bank statements and tax returns, perhaps a letter from an employer stating who is listed as emergency contact (hopefully it is the other spouse), no reason to go on about your trips abroad unless you wish to. They are not interested in them unless you bring them up.

FYI, my husband and I have always maintained separate banking accounts except for the one joint checking account for household bills. We are also NOT on each other credit cards. We had no issues with USCIS when we removed conditions and/or when he became a USC under the three year married to a USC rule.

Like Noorah, we have been living apart now for several years and all through our 17 years of married we took most vacations separately. You are allowed to remain individuals. You just need to prove that you have comingled your financial and social lives. Socially that would be getting together with mutual friends, at the in-laws, etc.
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Old Oct 9th 2015, 5:17 pm
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Default Re: Conditional Green Card - now want more evidence, should I be worried

Thank you Rete, I did wonder if they lost some documents as I thought being on each others wills would show that our lives are comingled!!! But one good thing about all this, we have been invited to loads of family events as a couple this summer, so I can add those invitations and thank you cards!!
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Old Oct 10th 2015, 8:56 pm
  #30  
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Default Re: Conditional Green Card - now want more evidence, should I be worried

In the FWIW department of things -- the immigration lawyer chat boards are full of posts from lawyers bitching about the recent spew of I-751 RFE's -- on the cleanest cases.
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