Erika Bayer

Hi, I married a US Citizen and came to the US in September 2001. I have a Green Card
that expires in September 2003. Due to ignorance, we did not realize that we need
extensive documentation to prove that our marriage is 'bona-fide'. We are happily
married but just did not do due diligence to find out what is needed for AOS.

We moved twice since I came to the US. We currently rent. My husband did not put me
on the apartment lease before and is now considering doing that right away. So, the
last two apartment places, we cannot do anything about. He is now starting to
collect/do the following:
1) Add me to the current apartment lease immediately
2) Designate me as his 401(k) account beneficiary (he just became eligible for 401
(k) in his new job)
3) Designate me as his Life Insurance policy beneficiary (so far, it was his mother
as the beneficiary)
4) Add my name to his Bank Accounts and Credit Card accounts immediately.
5) He filed his year 2001 tax return as "single" filer since he thought, I did not
live with him for more than 6 months in the US in the year 2001, he needs to file
as single status. But, we will be filing as married - jointly for year 2002.
6)We do not have children nor are we planning on having any for the next 4 years.
There is a chance we could buy a house in the next 6 months (at which time, we will
be joint owners).
7) We can get letters from friends saying we are happily married, etc.

Here is my question (sorry about the lenghty explanation):

Since we will only have documentation for only the 1 year preceding the due date for
removing conditions, will INS see this in a negative light and disapprove for AOS?
What should we do? We cannot change the past.

Andy Platt

When your evidence is weak, just look for other forms of evidence to back it up ike
photos, etc. Also, even if you didn't have joint accounts, single accounts showing
you were both at the same address would be good.

Andy.

--
I'm not really here - it's just your warped imagination. "Erika Bayer"
<[email protected]> wrote in message news:[email protected] om...
    > Hi, I married a US Citizen and came to the US in September 2001. I have a Green
    > Card that expires in September 2003. Due to ignorance, we did not realize that
    > we need extensive documentation to prove that our marriage is 'bona-fide'. We
    > are happily married but just did not do due diligence to find out what is needed
    > for AOS.
    > We moved twice since I came to the US. We currently rent. My husband did not put me
    > on the apartment lease before and is now considering doing that right away. So, the
    > last two apartment places, we cannot do anything about. He is now starting to
    > collect/do the following:
    > 1) Add me to the current apartment lease immediately
    > 2) Designate me as his 401(k) account beneficiary (he just became eligible for 401
    > (k) in his new job)
    > 3) Designate me as his Life Insurance policy beneficiary (so far, it was his mother
    > as the beneficiary)
    > 4) Add my name to his Bank Accounts and Credit Card accounts immediately.
    > 5) He filed his year 2001 tax return as "single" filer since he thought, I did not
    > live with him for more than 6 months in the US in the year 2001, he needs to
    > file as single status. But, we will be filing as married - jointly for year
    > 2002.
    > 6)We do not have children nor are we planning on having any for the next 4 years.
    > There is a chance we could buy a house in the next 6 months (at which time, we
    > will be joint owners).
    > 7) We can get letters from friends saying we are happily married, etc.
    > Here is my question (sorry about the lenghty explanation):
    > Since we will only have documentation for only the 1 year preceding the due date
    > for removing conditions, will INS see this in a negative light and disapprove for
    > AOS? What should we do? We cannot change the past.

Mjones

I think the list you are working on is good. Don't worry, you can only do what you
can do. But, I think you two need to go back and take another look at the 2001 tax
return, maybe you can get more money back if you amend the return and file
jointly. Mike



"Erika Bayer" <[email protected]> wrote in message news:[email protected]
om...
    > Hi, I married a US Citizen and came to the US in September 2001. I have a Green
    > Card that expires in September 2003. Due to ignorance, we did not realize that
    > we need extensive documentation to prove that our marriage is 'bona-fide'. We
    > are happily married but just did not do due diligence to find out what is needed
    > for AOS.
    > We moved twice since I came to the US. We currently rent. My husband did not put me
    > on the apartment lease before and is now considering doing that right away. So, the
    > last two apartment places, we cannot do anything about. He is now starting to
    > collect/do the following:
    > 1) Add me to the current apartment lease immediately
    > 2) Designate me as his 401(k) account beneficiary (he just became eligible for 401
    > (k) in his new job)
    > 3) Designate me as his Life Insurance policy beneficiary (so far, it was his mother
    > as the beneficiary)
    > 4) Add my name to his Bank Accounts and Credit Card accounts immediately.
    > 5) He filed his year 2001 tax return as "single" filer since he thought, I did not
    > live with him for more than 6 months in the US in the year 2001, he needs to
    > file as single status. But, we will be filing as married - jointly for year
    > 2002.
    > 6)We do not have children nor are we planning on having any for the next 4 years.
    > There is a chance we could buy a house in the next 6 months (at which time, we
    > will be joint owners).
    > 7) We can get letters from friends saying we are happily married, etc.
    > Here is my question (sorry about the lenghty explanation):
    > Since we will only have documentation for only the 1 year preceding the due date
    > for removing conditions, will INS see this in a negative light and disapprove for
    > AOS? What should we do? We cannot change the past.

Rete

In addition to the advice from Andy and Mike, I wonder what you provided as proof of your marriage to the INS at the time of your AOS interview since you obviously passed the interview and were made a CPR.

All that documentation is required for the I-751 as well as the "new" documentation. Load them up with affidavits from family and friends. Look for little things that have both your names on it that are mailed to you. Anniversary cards, holiday cards, hotel reservations for vacations, magazine subscriptions, etc.

Remember that if the I-751 is not approved out of hand you will have the opportunity to attend an interview at the local INS office. In the interim you start compiling a more comprehensive list of documentation to take to the interview.

Rete

Andy Platt

"Rete" <[email protected]> wrote ...
    > In addition to the advice from Andy and Mike, I wonder what you provided as proof
    > of your marriage to the INS at the time of your AOS interview since you obviously
    > passed the interview and were made a CPR.

I'm guessing from the following sentence:

    > I married a US Citizen and came to the US in September 2001. I have a Green Card
    > that expires in September 2003.


That this was an immigrant visa, not adjustment of status.

Andy.

--
I'm not really here - it's just your warped imagination.

mdmd101

Erika:

Your list is more than good enough. Don't lie to the INS, don't "manufacture" evidence. You should have your condition removed very easily. Also, there is a new requirement that requires you to submit an affidavit from at least two US residents that they've known you and that you're living as husband and wife.

MD

L D Jones

mdmd101 wrote:
    > Originally posted by Erika Bayer:
    > > Hi, I married a US Citizen and came to the US in September 2001. I have a Green
    > > Card that expires in September 2003. Due to ignorance, we did not realize that
    > > we need extensive documentation to prove that our marriage is 'bona-fide'. We
    > > are happily married but just did not do due diligence to find out what is needed
    > > for AOS.
    > >
    > > We moved twice since I came to the US. We currently rent. My husband did not put
    > > me on the apartment lease before and is now considering doing that right away.
    > > So, the last two apartment places, we cannot do anything about. He is now
    > > starting to collect/do the following:
    > > 1) Add me to the current apartment lease immediately
    > > 2) Designate me as his 401(k) account beneficiary (he just became eligible for
    > > 401
    > > (k) in his new job)
    > > 3) Designate me as his Life Insurance policy beneficiary (so far, it was his
    > > mother as the beneficiary)
    > > 4) Add my name to his Bank Accounts and Credit Card accounts immediately.
    > > 5) He filed his year 2001 tax return as "single" filer since he thought, I did
    > > not live with him for more than 6 months in the US in the year 2001, he needs
    > > to file as single status. But, we will be filing as married - jointly for year
    > > 2002.
    > > 6)We do not have children nor are we planning on having any for the next 4 years.
    > > There is a chance we could buy a house in the next 6 months (at which time, we
    > > will be joint owners).
    > > 7) We can get letters from friends saying we are happily married, etc.
    > >
    > > Here is my question (sorry about the lenghty explanation):
    > >
    > > Since we will only have documentation for only the 1 year preceding the due date
    > > for removing conditions, will INS see this in a negative light and disapprove for
    > > AOS? What should we do? We cannot change the past.
    > >
    > Erika:
    > Your list is more than good enough. Don't lie to the INS, don't "manufacture"
    > evidence. You should have your condition removed very easily. Also, there is a new
    > requirement that requires you to submit an affidavit from at least two US residents
    > that they've known you and that you're living as husband and wife.
    > MD

I believe the I-751 itself states the affidavits are optional. Opinions on whether
one "has" to submit them are divided and conditions have been removed both with
and without them. Obviously, if you believe your evidence is weak you should
include them.

Erika Bayer

"Andy Platt" <[email protected]> wrote in message
news:<[email protected]>...
    > "Rete" <[email protected]> wrote ...
    > >
    > > In addition to the advice from Andy and Mike, I wonder what you provided as proof
    > > of your marriage to the INS at the time of your AOS interview since you obviously
    > > passed the interview and were made a CPR.
    > I'm guessing from the following sentence:
    > > I married a US Citizen and came to the US in September 2001. I have a Green Card
    > > that expires in September 2003.
    > That this was an immigrant visa, not adjustment of status.
    > Andy.

Hello Andy,

So far, I have not attended any interview for AOS. When I landed at JFK in New York,
they stamped my passport that I can work in the US for a year (till Sept. 2002) and
that my visa expires in Sept. 2003. Then after a few weeks, I received my Green Card
that has an expiration of Sept. 2003.

And thank you for all the responses. So, I guess what you are saying is that we
will send all the documentation that we can get and if INS thinks they need to
interview us, we would be ready for that. If INS rejects our case, then do I have
to leave the US?

Andy Platt

"Erika Bayer" <[email protected]> wrote:

    > And thank you for all the responses. So, I guess what you are saying is that we
    > will send all the documentation that we can get and if INS thinks they need to
    > interview

Yes.

    > us, we would be ready for that. If INS rejects our case, then do I have to
    > leave the US?

In the nearly four years I've been a regular on this newsgroup I haven't seen one
person who's still married to their USC have a problem getting conditions removed
(aside from the length of time problems of course!).

Andy.

--
I'm not really here - it's just your warped imagination.

mdmd101

[QUOTE]Originally posted by Erika Bayer:
"Andy Platt" <[email protected]> wrote in message
news:<[email protected]>...
    > "Rete" <[email protected]> wrote ...
    > >
    > > In addition to the advice from Andy and Mike, I wonder what you provided as proof
    > > of your marriage to the INS at the time of your AOS interview since you obviously
    > > passed the interview and were made a CPR.
    > I'm guessing from the following sentence:
    > > I married a US Citizen and came to the US in September 2001. I have a Green Card
    > > that expires in September 2003.
    > That this was an immigrant visa, not adjustment of status.
    > Andy.

Hello Andy,

So far, I have not attended any interview for AOS. When I landed at JFK in New York,
they stamped my passport that I can work in the US for a year (till Sept. 2002) and
that my visa expires in Sept. 2003. Then after a few weeks, I received my Green Card
that has an expiration of Sept. 2003.

And thank you for all the responses. So, I guess what you are saying is that we
will send all the documentation that we can get and if INS thinks they need to
interview us, we would be ready for that. If INS rejects our case, then do I have
to leave the US?


No Erika:

The INS is not going to revoke your green card. Just file the form in time and wait to hear from the INS. The essence of this form is not whether to send you back or not based on the evidence--the essence is that you're still with your USC spouse and that he is filing this form along with you is proof enough that you have bonafied marriage. Relax, have fun.

MD

Dd

mdmd101 <[email protected]> wrote in message
news:<[email protected]>...
    > Originally posted by Erika Bayer:
    > > Hi, I married a US Citizen and came to the US in September 2001. I have a Green
    > > Card that expires in September 2003. Due to ignorance, we did not realize that
    > > we need extensive documentation to prove that our marriage is 'bona-fide'. We
    > > are happily married but just did not do due diligence to find out what is needed
    > > for AOS.
    > >
    > > We moved twice since I came to the US. We currently rent. My husband did not put
    > > me on the apartment lease before and is now considering doing that right away.
    > > So, the last two apartment places, we cannot do anything about. He is now
    > > starting to collect/do the following:
    > > 1) Add me to the current apartment lease immediately
    > > 2) Designate me as his 401(k) account beneficiary (he just became eligible for
    > > 401
    > > (k) in his new job)
    > > 3) Designate me as his Life Insurance policy beneficiary (so far, it was his
    > > mother as the beneficiary)
    > > 4) Add my name to his Bank Accounts and Credit Card accounts immediately.
    > > 5) He filed his year 2001 tax return as "single" filer since he thought, I did
    > > not live with him for more than 6 months in the US in the year 2001, he needs
    > > to file as single status. But, we will be filing as married - jointly for year
    > > 2002.
    > > 6)We do not have children nor are we planning on having any for the next 4 years.
    > > There is a chance we could buy a house in the next 6 months (at which time, we
    > > will be joint owners).
    > > 7) We can get letters from friends saying we are happily married, etc.
    > >
    > > Here is my question (sorry about the lenghty explanation):
    > >
    > > Since we will only have documentation for only the 1 year preceding the due date
    > > for removing conditions, will INS see this in a negative light and disapprove for
    > > AOS? What should we do? We cannot change the past.
    > >
    > Erika:
    > Your list is more than good enough. Don't lie to the INS, don't "manufacture"
    > evidence. You should have your condition removed very easily. Also, there is a new
    > requirement that requires you to submit an affidavit from at least two US residents
    > that they've known you and that you're living as husband and wife.
    > MD

I don't it is mandatory to provide the affidavit. I think it is necessary only in
situations like this where you are having hard time pulling together paper evidence.
Please download the latest I-751 and check the instructions - it is very clearly
stated there. Thx. DD