jmood

When the USCIS (or whoever it is) reviews Removal of Conditions applications, do they pull up and compare it to the original petition for change of status?

I am asking this in respect of the "evidence" to be submitted. There is wording in the instructions for the Rem of Con application that evidence should show "circumstances of the relationship from the date the marriage was entered into until today".

So let's say you submitted bank statements, credit card statements, phone bill etc. Would they check the original file to see whether these statements had continuity with what was in the original file?

I'm hoping yes, becuase I don't want to provide several months worth of documentation and would prefer to submit just the last month's.

Noorah101

To my knowledge, no, they do not compare. It is a new application and you should include all the evidence they require.

For our I-751 application, I indeed included evidence dating back to the date of the marriage, even though I had included some of that with the original AOS application.

You don't have to provide every single statement, though. If you are using bank statements, you can provide 2 or 3 statements per year, since the date of marriage to current, to show consistency. Same goes for utility bills or whatever joint evidence you are using.

Of course include anything you have that's more current, such as 2010 tax return, or any new evidence you didn't have at the time of your AOS application.

Rene

Noorah101

Just providing one current month of evidence is definitely not enough. Even if you don't date the evidence back to the date of marriage, you should at least have evidence dated back to the time you got your AOS approved (so just under 2 years worth).

Rene

jeffreyhy

"Rem of Con"? Trying to introduce a fancy new term to further confuse newbies and old timers alike?

Yes, the officer who adjudicates your petition to remove conditions will pull up your immigration file and review your immigration history.

Will they depend on what's in that file to suplement what you provide with your petition? Don't know.

Will documents have gone missing from your file, or be overlooked because it can be hard to find a needle in a haystack? Maybe.

Do you want to provide complete documentation with your petition to minimize the risk of an RFE, or do you want to risk an RFE by depending on previously submitted documentation? Up to you.

Regards, JEff

jmood

OK, sorry! :-)

The subject line didn't fit hence the abbreviation

jmood

Oh gawd. So this application will also be a mega one! I'd looked at the form and thought "good, this one looks nice and easy".

Other thing I noticed. In the first application many things were required to be submitted as triplicates. In this application (Removal of Conditions - that was for you Jeffrey :-)) it seems no double/triple copies are required of anything. Is that right?

Rete

No, the submission does not have to be a hefty one. Ours was neat and simple and included perhaps 20 pages in total. We included one or two bank statements from years prior and the bulk of the documentation was from the date of CPR status until the date of application to remove conditions.

Will they compare your I-751 to your I-485 file, your guess is as good as ours. Perhaps they would if they have questions about your relationship, otherwise, assume they will only pull up what is available online rather than ask for your file to be retrieved from Lee Summit.

For our initial adjustment we did not have to include duplicates and/or triplicates of documents. We sent copies only (as with the I-751) and brought the originals with us to the interview and would have brought originals to the I-751 interview if there had been one. There was no interview. The I-751 was approved without interview.

sir_eccles

I think there is something to be said for "preponderance of evidence" and piles of supporting papers measured in inches.

jeffreyhy

Yes, and what is to be said about "papers measured in inches" is not good!

Regards, JEff

meauxna

No, it won't necessarily be mega. If you search the group, there are many many I-751 'cover letters' or lists of what was submitted posted here. I think ours was 14 pages? Just a couple/few documents from each year of our marriage, social ties evidence, taxes, insurance etc.

jmood

Interestingly, I received a letter today from USCIS reminding me that I must file I751. It's always exciting to receive an envelope marked with USCIS!
I thought no reminders were being sent.
Anyway...

jmood

I found this cover letter thread with involvement of the 2 resident lawyers as well.
http://britishexpats.com/forum/showt...er+letter+I751
The OP had a ton of documentation and in addition he was also going to include 2 letters of support from friends who knew his marriage. No one said anything about it perhaps not being needed given he had such an abundance of documentation.
I was not intending to get such letters at all. Is it really necessary?

I know it's a case based "judegment call" as was written by one of the lawyers, but if one feels the joint documentation is solid -and in the thread I've pasted the list looked more than solid to me - are such letters necessary?

Moxie

The letters are optional. Just show you have co-mingled your finances and lived together for the 2 years. It won't look like you ran down and opened a new joint account just before sending in the application if you have something from 2009, 2010, and 2011.

Noorah101

Affidavits are only necessary if your joint evidence is weak. They are not required.

Rene

jeffreyhy

My wife did not provide them, and she was not asked to.

Regards, JEff