I had a brief consultation with an immigration attorney and what he told me conflicts with what is posted on Visa Journey.
He said the biographical data, Ukrainian passport photo page, birth certificates, divorce decree and new passport photos are required when the I-751 is submitted, along with the evidence of a bona fide marital relationship and copies of the temporary green cards (front and back).
I think this is overkill. Do I really need all of this evidence?
Full Version: I think the attorney is wrong
VisaJourney.com > General Family Based Immigration Topics > Removing Conditions on Residency General Discussion
For I-751:
biographical data - fill out the I-751 form, that's all you need
passport photo page - not required
birth certificates - of you or of your common children? If you, not required; if the children, they are strong evidence.
divorce decree - not required, should have been part of first application for Green Card
new passport photos - not longer required outside the US, instead you undergo biometrics
still required: evidence of a bona fide marital relationship and copies of the temporary green cards (front and back).
Maybe that attorney has been a little too much out of the loop? I would discuss your concerns with the attorney, and if the reaction is unsatisfactory for you, change attorneys or go it alone - the I-751 is not difficult, if you're still a couple.
biographical data - fill out the I-751 form, that's all you need
passport photo page - not required
birth certificates - of you or of your common children? If you, not required; if the children, they are strong evidence.
divorce decree - not required, should have been part of first application for Green Card
new passport photos - not longer required outside the US, instead you undergo biometrics
still required: evidence of a bona fide marital relationship and copies of the temporary green cards (front and back).
Maybe that attorney has been a little too much out of the loop? I would discuss your concerns with the attorney, and if the reaction is unsatisfactory for you, change attorneys or go it alone - the I-751 is not difficult, if you're still a couple.
QUOTE(Lorenzo @ Mar 3 2008, 02:23 PM) 
I had a brief consultation with an immigration attorney and what he told me conflicts with what is posted on Visa Journey.
He said the biographical data, Ukrainian passport photo page, birth certificates, divorce decree and new passport photos are required when the I-751 is submitted, along with the evidence of a bona fide marital relationship and copies of the temporary green cards (front and back).
I think this is overkill. Do I really need all of this evidence?
He said the biographical data, Ukrainian passport photo page, birth certificates, divorce decree and new passport photos are required when the I-751 is submitted, along with the evidence of a bona fide marital relationship and copies of the temporary green cards (front and back).
I think this is overkill. Do I really need all of this evidence?
Your "immigration attorney" is out to lunch. Fire him immediately. He is doing you more harm than good. Expanding on what Peter wrote above -- in addition to not having to send in the biographical data sheet, passport photo page, the divorce decree, and new photos, you don't have to send in your birth certificates.
Ask him to show you just where in the I-751 instructions these items are listed. Then ask him to give you back any money you may have paid him.
Thank you. I think I knew the answer, just wanted some reassurance that I was correct.
This sounds like a piece of cake compared to the Adjustment of Status paperwork.
I seem to have more than enough evidence of a bona fide marriage.
Lawyers are so clueless sometimes.
This sounds like a piece of cake compared to the Adjustment of Status paperwork.
I seem to have more than enough evidence of a bona fide marriage.
Lawyers are so clueless sometimes.
LAWYER IS 100% INCORRECT!
Good Luck!
Good Luck!
We, like many others here on VJ, just followed the guide and so far so good 
QUOTE(jasman0717 @ Mar 5 2008, 01:13 PM)
We, like many others here on VJ, just followed the guide and so far so good
Ok here is what I have so far:1) Statement from Blue Cross/Blue Shield Insurance showing all three names
2) Auto Insurance Policy with my name and my wife's name.
3) Gas and Electric Bill in both names
4) Vonage Bill in both names
5) Statement from my sister about our verbal agreement for me to lease the house
6) Bank statement from my wife's bank account
7) Letter from my stepson's high school
8) Tax returns from 2005, 2006 and 2007
9) Copies of green cards, front and back
10) statements from three married couples that have known us for two years
11) $465 for I-751 and $160.00 for biometrics
I hope this is enough evidence for USCIS.
QUOTE(Lorenzo @ Mar 6 2008, 10:42 AM)
QUOTE(jasman0717 @ Mar 5 2008, 01:13 PM)
We, like many others here on VJ, just followed the guide and so far so good
Ok here is what I have so far:1) Statement from Blue Cross/Blue Shield Insurance showing all three names
2) Auto Insurance Policy with my name and my wife's name.
3) Gas and Electric Bill in both names
4) Vonage Bill in both names
5) Statement from my sister about our verbal agreement for me to lease the house
6) Bank statement from my wife's bank account
7) Letter from my stepson's high school
8) Tax returns from 2005, 2006 and 2007
9) Copies of green cards, front and back
10) statements from three married couples that have known us for two years
11) $465 for I-751 and $160.00 for biometrics
I hope this is enough evidence for USCIS.
It's not. You are on the way, but you need evidence that spans the entirety of your marriage. Bills and such are fine, but it's better to show bills over a range of dates. Same with your bank statement -- one is not enough. Do you have anything that shows that you are each other's beneficiaries? (wills, life insurance policies, etc etc)
QUOTE(Cassie @ Mar 6 2008, 09:52 AM)
QUOTE(Lorenzo @ Mar 6 2008, 10:42 AM)
QUOTE(jasman0717 @ Mar 5 2008, 01:13 PM)
We, like many others here on VJ, just followed the guide and so far so good
Ok here is what I have so far:1) Statement from Blue Cross/Blue Shield Insurance showing all three names
2) Auto Insurance Policy with my name and my wife's name.
3) Gas and Electric Bill in both names
4) Vonage Bill in both names
5) Statement from my sister about our verbal agreement for me to lease the house
6) Bank statement from my wife's bank account
7) Letter from my stepson's high school
8) Tax returns from 2005, 2006 and 2007
9) Copies of green cards, front and back
10) statements from three married couples that have known us for two years
11) $465 for I-751 and $160.00 for biometrics
I hope this is enough evidence for USCIS.
It's not. You are on the way, but you need evidence that spans the entirety of your marriage. Bills and such are fine, but it's better to show bills over a range of dates. Same with your bank statement -- one is not enough. Do you have anything that shows that you are each other's beneficiaries? (wills, life insurance policies, etc etc)
Above all, you need a lease, mortgage, or deed.
I do not have a lease, mortgage or deed. I rent from relatives and it is a verbal agreement. I am trying to obtain a letter from them for USCIS.
QUOTE(James @ Mar 6 2008, 09:11 AM)
QUOTE(Cassie @ Mar 6 2008, 09:52 AM)
QUOTE(Lorenzo @ Mar 6 2008, 10:42 AM)
QUOTE(jasman0717 @ Mar 5 2008, 01:13 PM)
We, like many others here on VJ, just followed the guide and so far so good
Ok here is what I have so far:1) Statement from Blue Cross/Blue Shield Insurance showing all three names
2) Auto Insurance Policy with my name and my wife's name.
3) Gas and Electric Bill in both names
4) Vonage Bill in both names
5) Statement from my sister about our verbal agreement for me to lease the house
6) Bank statement from my wife's bank account
7) Letter from my stepson's high school
8) Tax returns from 2005, 2006 and 2007
9) Copies of green cards, front and back
10) statements from three married couples that have known us for two years
11) $465 for I-751 and $160.00 for biometrics
I hope this is enough evidence for USCIS.
It's not. You are on the way, but you need evidence that spans the entirety of your marriage. Bills and such are fine, but it's better to show bills over a range of dates. Same with your bank statement -- one is not enough. Do you have anything that shows that you are each other's beneficiaries? (wills, life insurance policies, etc etc)
Above all, you need a lease, mortgage, or deed.
Not true. There's no specific requirement stating this.
This is not practical in some situations. I have premarital property, my home, which I have no mortgage on, and there's no requirement to put my wife on the deed. Frankly, it would be an outrageous overstep of the USCIS if there were such a requirement.
The bottom line is that you go with the best "evidence" you have. If you don’t have a mortgage, deed, or rental agreement, then you can’t submit one. I simply inserted a note in my package explaining the “why”…..
QUOTE(Lorenzo @ Mar 7 2008, 07:53 AM)
I do not have a lease, mortgage or deed. I rent from relatives and it is a verbal agreement. I am trying to obtain a letter from them for USCIS.
Make sure it's a sworn affidavit, not a letter, and list the details of the arrangement, rent paid, how long, etc. Click on the Example Forms link at the top of the page and you will find a sample sworn affidavit you can use.
QUOTE(kaydee457 @ Mar 7 2008, 08:24 AM)
QUOTE(James @ Mar 6 2008, 09:11 AM)
QUOTE(Cassie @ Mar 6 2008, 09:52 AM)
QUOTE(Lorenzo @ Mar 6 2008, 10:42 AM)
QUOTE(jasman0717 @ Mar 5 2008, 01:13 PM)
We, like many others here on VJ, just followed the guide and so far so good
Ok here is what I have so far:1) Statement from Blue Cross/Blue Shield Insurance showing all three names
2) Auto Insurance Policy with my name and my wife's name.
3) Gas and Electric Bill in both names
4) Vonage Bill in both names
5) Statement from my sister about our verbal agreement for me to lease the house
6) Bank statement from my wife's bank account
7) Letter from my stepson's high school
8) Tax returns from 2005, 2006 and 2007
9) Copies of green cards, front and back
10) statements from three married couples that have known us for two years
11) $465 for I-751 and $160.00 for biometrics
I hope this is enough evidence for USCIS.
It's not. You are on the way, but you need evidence that spans the entirety of your marriage. Bills and such are fine, but it's better to show bills over a range of dates. Same with your bank statement -- one is not enough. Do you have anything that shows that you are each other's beneficiaries? (wills, life insurance policies, etc etc)
Above all, you need a lease, mortgage, or deed.
Not true. There's no specific requirement stating this.
This is not practical in some situations. I have premarital property, my home, which I have no mortgage on, and there's no requirement to put my wife on the deed. Frankly, it would be an outrageous overstep of the USCIS if there were such a requirement.
The bottom line is that you go with the best "evidence" you have. If you don't have a mortgage, deed, or rental agreement, then you can't submit one. I simply inserted a note in my package explaining the "why"…..
It is one of the named categories of evidence on the instructions, and it obviously has to be addressed in some fashion (unlike the lack of a birth certificate for children). The OP had not yet explained that he did not have such evidence, and I wanted to ensure that he had not overlooked it.
I would imagine you and the OP are in the minority, and that most couples rent or own their homes and have both names on the lease, mortgage, or deed.
Given that the recording fee for adding a spouse to the deed is minimal, I would have no problem adding my wife to the deed if I were in your shoes.
There is no lease or deed, it is a verbal agreement. I plan to explain it in detail to CIS and have a letter from my sister concerning the arrangement. I have been living there since 1984. Yes I am definitely in the minority because my rent is extremely reasonable considering my sister owns this old house. The house itself is pretty nice even though it is 85 years old.
QUOTE(James @ Mar 7 2008, 08:09 AM)
QUOTE(kaydee457 @ Mar 7 2008, 08:24 AM)
QUOTE(James @ Mar 6 2008, 09:11 AM)
QUOTE(Cassie @ Mar 6 2008, 09:52 AM)
QUOTE(Lorenzo @ Mar 6 2008, 10:42 AM)
QUOTE(jasman0717 @ Mar 5 2008, 01:13 PM)
We, like many others here on VJ, just followed the guide and so far so good
Ok here is what I have so far:1) Statement from Blue Cross/Blue Shield Insurance showing all three names
2) Auto Insurance Policy with my name and my wife's name.
3) Gas and Electric Bill in both names
4) Vonage Bill in both names
5) Statement from my sister about our verbal agreement for me to lease the house
6) Bank statement from my wife's bank account
7) Letter from my stepson's high school
8) Tax returns from 2005, 2006 and 2007
9) Copies of green cards, front and back
10) statements from three married couples that have known us for two years
11) $465 for I-751 and $160.00 for biometrics
I hope this is enough evidence for USCIS.
It's not. You are on the way, but you need evidence that spans the entirety of your marriage. Bills and such are fine, but it's better to show bills over a range of dates. Same with your bank statement -- one is not enough. Do you have anything that shows that you are each other's beneficiaries? (wills, life insurance policies, etc etc)
Above all, you need a lease, mortgage, or deed.
Not true. There's no specific requirement stating this.
This is not practical in some situations. I have premarital property, my home, which I have no mortgage on, and there's no requirement to put my wife on the deed. Frankly, it would be an outrageous overstep of the USCIS if there were such a requirement.
The bottom line is that you go with the best "evidence" you have. If you don't have a mortgage, deed, or rental agreement, then you can't submit one. I simply inserted a note in my package explaining the "why"…..
It is one of the named categories of evidence on the instructions, and it obviously has to be addressed in some fashion (unlike the lack of a birth certificate for children). The OP had not yet explained that he did not have such evidence, and I wanted to ensure that he had not overlooked it.
I would imagine you and the OP are in the minority, and that most couples rent or own their homes and have both names on the lease, mortgage, or deed.
Given that the recording fee for adding a spouse to the deed is minimal, I would have no problem adding my wife to the deed if I were in your shoes.
The instructions says " The documents should cover, but not limited to"....That's why a short explanation is necessary, however, it's not required to have such "proof"......
Adding my wife to the deed would negate my prenup and is not "required" for approval.....This is a personal matter and not the business of the USCIS.
A lot of this is subjective.
At our interview we had a humorless male officer that did not even care to see our pictures.
The female officer with the family in the next room was joking with them and acting as if she was a best friend. My family had no problem getting approved for the AOS, I don't know about the other family. A portion of this is luck. Any document showing all the names should help a little.
I have plenty of medical bills and utility bills and hundreds of phone calls to Ukraine documented on the phone bill.
At our interview we had a humorless male officer that did not even care to see our pictures.
The female officer with the family in the next room was joking with them and acting as if she was a best friend. My family had no problem getting approved for the AOS, I don't know about the other family. A portion of this is luck. Any document showing all the names should help a little.
I have plenty of medical bills and utility bills and hundreds of phone calls to Ukraine documented on the phone bill.
Here is what I submitted...we just got approved yesterday...
Copy of permanent residence card, front and back
Copy of driver's licenses showing matching addresses
copy of marriage license
two original letters written by US Citizens friends, attesting to our relationship and marriage
copy of bank letter showing joint account
a patial copy of our 2006 joint tax return
a partial copy of our martgage papers (the house is only in my name, however some papers had both our names so I send those)
copy of accident insurance base plan showing joint policy
copy of phone bills showing both names
copy of gas bill, showing both names
copy of sams club card showing joing account
two copies of hotel bills, showing both names
copies of various christmas cards
Copy of permanent residence card, front and back
Copy of driver's licenses showing matching addresses
copy of marriage license
two original letters written by US Citizens friends, attesting to our relationship and marriage
copy of bank letter showing joint account
a patial copy of our 2006 joint tax return
a partial copy of our martgage papers (the house is only in my name, however some papers had both our names so I send those)
copy of accident insurance base plan showing joint policy
copy of phone bills showing both names
copy of gas bill, showing both names
copy of sams club card showing joing account
two copies of hotel bills, showing both names
copies of various christmas cards
Don't stress too much about it. I have also not submitted a lease/mortgage/rental agreement - reason my house is paid for and I have it jointly owned with my sister (in case I die she can take it and dispose of it). I am not intending to add my wife to the lease for a long time in any case. I have sent in as much evidence as I thought appropriate. I do not believe in overkill and am comfortable with the evidence I sent.
Don't worry about it, if they don't like it they will ask for more evidence and then you can work on it - this is my attitude and I am very comfortable with this. As it is in a few months she can file for citizenship, so if there is a hiccup in processing - I am not going to worry too much. Good Luck
Don't worry about it, if they don't like it they will ask for more evidence and then you can work on it - this is my attitude and I am very comfortable with this. As it is in a few months she can file for citizenship, so if there is a hiccup in processing - I am not going to worry too much. Good Luck
I am getting nervous because my friend (also married to a foreign woman) made me feel like an idiot.
Well, maybe I am an idiot.
I never opened a joint bank account.
When my wife arrived, she knew nothing about saving money and in the beginning she wanted me to buy everything in site. So I decided not to open a joint bank account right away.
Well, things happened, she got a job and we never did find the time to go to the bank together to start the joint account. So what I have is proof of her bank account (she opened it near where she was working) and my bank account. Her name is on other things though, such as insurance policies, tax returns and utility bills.
Well, maybe I am an idiot.
I never opened a joint bank account.
When my wife arrived, she knew nothing about saving money and in the beginning she wanted me to buy everything in site. So I decided not to open a joint bank account right away.
Well, things happened, she got a job and we never did find the time to go to the bank together to start the joint account. So what I have is proof of her bank account (she opened it near where she was working) and my bank account. Her name is on other things though, such as insurance policies, tax returns and utility bills.
QUOTE(Lorenzo @ Mar 10 2008, 06:45 AM)
I am getting nervous because my friend (also married to a foreign woman) made me feel like an idiot.
Well, maybe I am an idiot.
I never opened a joint bank account.
When my wife arrived, she knew nothing about saving money and in the beginning she wanted me to buy everything in site. So I decided not to open a joint bank account right away.
Well, things happened, she got a job and we never did find the time to go to the bank together to start the joint account. So what I have is proof of her bank account (she opened it near where she was working) and my bank account. Her name is on other things though, such as insurance policies, tax returns and utility bills.
Well, maybe I am an idiot.
I never opened a joint bank account.
When my wife arrived, she knew nothing about saving money and in the beginning she wanted me to buy everything in site. So I decided not to open a joint bank account right away.
Well, things happened, she got a job and we never did find the time to go to the bank together to start the joint account. So what I have is proof of her bank account (she opened it near where she was working) and my bank account. Her name is on other things though, such as insurance policies, tax returns and utility bills.
Sounds reasonable. Not everyone is comfortable with opening joint bank accounts. And IMHO having joint bank accounts does not show a valid marriage.
QUOTE(Ashish @ Mar 10 2008, 11:08 AM)
QUOTE(Lorenzo @ Mar 10 2008, 06:45 AM)
I am getting nervous because my friend (also married to a foreign woman) made me feel like an idiot.
Well, maybe I am an idiot.
I never opened a joint bank account.
When my wife arrived, she knew nothing about saving money and in the beginning she wanted me to buy everything in site. So I decided not to open a joint bank account right away.
Well, things happened, she got a job and we never did find the time to go to the bank together to start the joint account. So what I have is proof of her bank account (she opened it near where she was working) and my bank account. Her name is on other things though, such as insurance policies, tax returns and utility bills.
Well, maybe I am an idiot.
I never opened a joint bank account.
When my wife arrived, she knew nothing about saving money and in the beginning she wanted me to buy everything in site. So I decided not to open a joint bank account right away.
Well, things happened, she got a job and we never did find the time to go to the bank together to start the joint account. So what I have is proof of her bank account (she opened it near where she was working) and my bank account. Her name is on other things though, such as insurance policies, tax returns and utility bills.
Sounds reasonable. Not everyone is comfortable with opening joint bank accounts. And IMHO having joint bank accounts does not show a valid marriage.
This is a "lo-fi" version of our main content. To view the full version with more information, formatting and images, please click here.