Providng our relationship???

[birdyconfused 0]

Hi folks

My removal of conditions date is coming closer and im starting to wonder on how to do it. The question that's bothering me is that:

Ever since I became a conditional permanent resident, we've been living outside USA. I retained my green card by travelling to USA once a year. Now that I want to apply for removal of conditions, I do not have any joint bank account, utility bills, property lease with my spouse neither in USA nor abroad. However, we have a child (2 yrs old) born abroad and trying for next

Should our marriage certificate and our children's birth certificate be a good enough evidence of our relationship?

PS: We do have a joint bank account in the UK but we are not living there for last 2 years and there hasn't been many transaction in that account. Can that account be used as an evidence?

Thanks in advance for your feedback.

Regards

[john_and_marlene 162]

Travelling to the US once a year does not preserve residence. Unless you are living outside the US because of military assignment, US government job or certain commerce enhancing jobs, you are not maintaining residence.

[birdyconfused 0]

Travelling to the US once a year does not preserve residence. Unless you are living outside the US because of military assignment, US government job or certain commerce enhancing jobs, you are not maintaining residence.

Oh well! thats true. But we plan to return to USA with intentions to live here permanently couple of months before my GC expires. I believe their emphasis is more on getting proof that a couple is in bonafide relationship than verifying that whether the beneficiary wants to stay or permanently in USA.

[Lona.C. 16]

http://www.antaoandchuang.com/i-keeping.html

yes they want effidence of bonafide relationship but also effidence of living in the US ,

[TayRivers 4]

You are going to have major problems showing you are a permanent resident in the USA if you do not have an address in the USA or any utility bills in the USA. They will expect to see joint banking, mortage or lease, beneficuary on life insurance, 401k, health insurance. USCIS are also going to be looking to see if you have a well established life in the US, not just a desire to oneday live in the USA.

Unless you are the spouse of a member of the military who is stationed abroad you are going to find it very hard to remove conditions. Having a marriage certificate and a child is not enough evidence to show a bonifide marriage.

[TracyTN 237]

Agreed. The hurdle you have to face is not so much proving a bonafide marriage, but that you have not abandoned your perm resident status. One visit per year to the US will likely not cut it.

[Allie and Nigel 2]

Yes, you can not leave the usa for more than 12 consecutive months I believe or they take away the gc. Mind you, if you show joint things where you are residing maybe thats enough to show the relationship part, not residency part. I'd try that first.

[MonicaMexico 0]

Do you have a US address that you're using for your immigration paperwork? If so, I'm not sure how they will know that you're not living in the USA. I think the child's birth certificate and maybe a few pictures will be enough to prove relationship for the ROC. I'm not sure they'll be checking that you're still a resident - their main priority is proof of bonafide relationship at this junction. I could be wrong, though, I've been wrong before!

[Lona.C. 16]

Do you have a US address that you're using for your immigration paperwork? If so, I'm not sure how they will know that you're not living in the USA. I think the child's birth certificate and maybe a few pictures will be enough to prove relationship for the ROC. I'm not sure they'll be checking that you're still a resident - their main priority is proof of bonafide relationship at this junction. I could be wrong, though, I've been wrong before!

not that good of an advice ,. since he said the child was born abroad wich meens the child is probly not a USC

how you supose they explain that to the immigration when they ask when they returnd after the childs birth and want effidence ( boarding pass ) , ??

[rika60607 215]

The child was born to the US citizen parent abroad - if paperwork was done, child is USC. If paperwork was not done, child will become USC once paperwork is done.

Did you file US taxes while living abroad? I'd send in child's birth certificate, photos, trips taken together (itineraries, hotel reservations) and taxes. Then you say you are going to move back to US BEFORE your GC expires? Well, then USCIS will likely send you an RFE and ask for more evidence. By the time that happens, you will hopefully be in the US and have a new lease in both of your names, utility bills and brand new joint bank account.

Don't give up

[wannabe_texan 0]

Agree with rika60607 - joint taxes VERY important... your spouse as USC has to file, and you must file together, and to prove your residence/show commitment to following the rules of the land etc... If there's a reason you're living abroad, such as humanitarian or military work, USCIS may take that into consideration. Bear in mind that they can see your travel history in/out of the US... If you are working, did you get your salary deposited to a US bank account? You could turn the account into a joint account easily... Get tax transcripts and a lease, and perhaps affidavits from your spouse's parents or other family that you have a bona fide relationship. But its definitely a kind of sticky situation. Probably shouldn't have filed for your GC 2 years ago if you weren't ready to live here, could have waited and done it now that you are ready to move here, but I know hindsight is 20:20

[Old Dominion 26]

You need to have some evidence that you both are US residents, pay taxes, have a place to call home, and have jointly including your utility and other accounts, lease, etc.

[rika60607 215]

from I-751 instructions:

Evidence of the Relationship

Submit copies of documents indicating that the marriage upon which you were granted conditional status was entered in ''good faith'' and was not for the purpose of circumventing immigration laws. Submit copies of as many documents as you wish to establish this fact and to demonstrate the circumstances of the relationship from the date of the marriage to the present date, and to demonstrate any circumstances surrounding the end of the relationship, if it has ended. The documents should cover, but not limited to,the following examples:

1. Birth certificate(s) of child(ren) born to the marriage.

2. Lease or mortgage contracts showing joint occupancy and/or ownership of your communal residence.

3. Financial records showing joint ownership of assets and joint responsibility for liabilities, such as joint savings and checking accounts, joint federal and state tax returns, insurance policies that show the other spouse as the beneficiary, joint utility bills, joint installments or other loans.

4. Other documents you consider relevant to establish that your marriage was not entered into in order to evade the U.S. immigration laws.

5. Affidavits sworn to or affirmed by at least two people who have known both of you since your conditional residence.

The instructions say nothing about communal residence being in the US or about duration of residence.

You can safely do #1, 3 (taxes, and see about getting a joint US bank account - you may open one online, I believe) and #5. Only question is, to file with CSC or VSC.

The only danger comes from the fact that if you are absent from US for more than 6 months and less than 12 months, you may be considered to have abandoned your residency, depending on circumstances. But if PO officers let you in (they likely will, with a US spouse and a kid!), then you did not lose you residency. But that is a story separate from removal of conditions. I do not see requirement of being present in the US for certain number of days or for proof of residency in the US in the above document.

You need to have some evidence that you both are US residents, pay taxes, have a place to call home, and have jointly including your utility and other accounts, lease, etc.

[fozzie 41]

from I-751 instructions:

Evidence of the Relationship

Submit copies of documents indicating that the marriage upon which you were granted conditional status was entered in ''good faith'' and was not for the purpose of circumventing immigration laws. Submit copies of as many documents as you wish to establish this fact and to demonstrate the circumstances of the relationship from the date of the marriage to the present date, and to demonstrate any circumstances surrounding the end of the relationship, if it has ended. The documents should cover, but not limited to,the following examples:

1. Birth certificate(s) of child(ren) born to the marriage.

2. Lease or mortgage contracts showing joint occupancy and/or ownership of your communal residence.

3. Financial records showing joint ownership of assets and joint responsibility for liabilities, such as joint savings and checking accounts, joint federal and state tax returns, insurance policies that show the other spouse as the beneficiary, joint utility bills, joint installments or other loans.

4. Other documents you consider relevant to establish that your marriage was not entered into in order to evade the U.S. immigration laws.

5. Affidavits sworn to or affirmed by at least two people who have known both of you since your conditional residence.

The instructions say nothing about communal residence being in the US or about duration of residence.

You can safely do #1, 3 (taxes, and see about getting a joint US bank account - you may open one online, I believe) and #5. Only question is, to file with CSC or VSC.

The only danger comes from the fact that if you are absent from US for more than 6 months and less than 12 months, you may be considered to have abandoned your residency, depending on circumstances. But if PO officers let you in (they likely will, with a US spouse and a kid!), then you did not lose you residency. But that is a story separate from removal of conditions. I do not see requirement of being present in the US for certain number of days or for proof of residency in the US in the above document.

You need to have some evidence that you both are US residents, pay taxes, have a place to call home, and have jointly including your utility and other accounts, lease, etc.

It doesn't say it in the instructions because it is implied. The rules of being a permanent resident provide clear instructions on how to maintain your status, if, and this is a big if as the OP has not clarified this point, they have not maintained residence in the US beyond a few visits then it is a problem. They wont grant you a 10 yr greencard if they deem that you abandoned your residency.

[mozplay 29]

I don't think there is a doubt that you have to be maintaining residence in the U.S. in order to renew your greencard. Entry to the US, whether on a spousal or fiancee visa, was done with the intent to marry and live in the US. As such, permanent residence was granted to live or reside (ie. RESIDENCE) in the US. In order to maintain permanent resident status you must maintain a permanent residence in the US and not move permanently out of the country. Can you move temporarily? It appears so. Who decides whether it is temporary or permanent ... well, it looks like that can be up to the discretion of the adjudicating officer if there is any grey area at all.

However, putting all that aside, the I-751 instruction form lets you know where to file the application if you live in the US or if you are outside of the US due to deployment. There is no option for renewing the card if you live outside of the US. Heck, where would you even be sent to do your biometric?

The OP though, intended (if I remember correctly) to move back to the US permanently before the GC expired. I'd suggest that they expedite that process and start putting stuff in place now.

I believe in citing my references, so they are all below if you need to see them.

http://www.uscis.gov/files/form/I-751instr.pdf

Excerpt from I-751 filing instructions:

What is the purpose of this form?

This form is for a conditional resident who obtained such status through marriage to petition to U.S. Citizenship and Immigration Services (USCIS) to remove the conditions on his or her residence.

Where to File?

If you live in Alaska, American Samoa, Arizona, California, Colorado, Guam, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oregon, South Dakota, Utah, Washington, Wisconsin, or Wyoming, mail your petition to the California Service Center:

USCIS California Service Center

P.O. Box 10751

Laguna Niguel, CA 92607-1075

If you live in Alabama, Arkansas, Connecticut, Delaware, Washington, D.C., Florida, Georgia, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Oklahoma, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, Tennessee, Texas, Vermont, Virginia, U.S. Virgin Islands, or West Virginia, mail your petition to the Vermont Service Center:

USCIS Vermont Service Center

75 Lower Welden St.

P.O. Box 200

St. Albans, VT 05479-0001

NOTE: If you or your spouse are currently serving with or employed by the U.S. Government, either in a civilian or military capacity and assigned outside the United States, mail your petition to the USCIS Service Center having jurisdiction over your residence of record in the United States. Include a copy of the U.S. Government orders assigning you and your spouse abroad.

Penalties

If you knowingly and willfully falsify or conceal a material fact or submit a false document with your Form I-751, we will deny your Form I-751 and may deny any other immigration benefit.

In addition, you will face severe penalties provided by law and may be subject to criminal prosecution.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

Excerpt from "How Do I Renew My Permanent Resident Card?" Guide:

Who Should Renew a Permanent Resident Card?

You should renew your permanent resident card if you are a permanent resident who was issued a Form I-551 valid for ten years, and that card is either expired or will expire within the next six months.

Please note: If you are a Conditional Resident and your status is expiring, these instructions do not pertain to you. You are to use Form I-751 (Petition to Remove the Conditions on Residence) to apply to remove the conditions on your permanent resident status.

How Do I Apply to Renew My Permanent Resident Card?

If you are a lawful permanent resident whose ten-year I-551 has expired or will expire within the next six months, you may renew your card by filing an Form I-90.

A Form I-90 can be downloaded from this site, or ordered by calling the Forms request line at 1 (800) 870-3676, or by submitting a request on-line. After receiving Form I-90, read it carefully. Detailed information is provided in the instructions for the Form I-90.

Applicants may also file Form I-90 on-line using an Internet connection. Please see Introduction to E-Filing for more information.

What If I am Outside of the United States?

If you are outside the United States, and your permanent resident card will expire within six months, (but you will return within one year of your departure from the United States and before the card expires), you should file for your renewal card as soon as you return to the United States.

If you are outside of the United States at the time of the card's expiration, and you have not applied for the renewal card prior to your departure, you should contact the nearest American Consulate, USCIS office, or Port of Entry, before attempting to file Form I-90 for a renewal I-551 card.

For more information on USCIS office locations, see the Field Offices page. For information on filing fees, see filing fees, fee waiver request procedures, and the fee waiver policy memo.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=fe17e6b0eb13d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1RCRD

Excerpt from "Now That You Are A Permanent Resident" Guide:

Maintaining Permanent Residence

Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

You may be found to have abandoned your permanent resident status if you:

• Move to another country intending to live there permanently.
• Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
• Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
• Fail to file income tax returns while living outside of the US for any period.
• Declare yourself a "nonimmigrant" on your tax returns.