I think the attorney is wrong

[Lorenzo 0]

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?

[Peter T 0]

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.

[James 2]

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?

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.

[Lorenzo 0]

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.

[RichardS 0]

LAWYER IS 100% INCORRECT!

Good Luck!

[Jasman0717 8]

We, like many others here on VJ, just followed the guide and so far so good

[Lorenzo 0]

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.

Edited March 6, 2008 by Lorenzo

[Cassie 8]

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)

[James 2]

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.

[Lorenzo 0]

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.

[kaydee457 13]

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”…..

[James 2]

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.

[James 2]

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.

[Lorenzo 0]

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.

[kaydee457 13]

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.

Edited March 7, 2008 by kaydee457