Removal of Conditions Problem

[visaveteran 1]

I got a notice from USCIS that they need more evidence we are married and living together. The problem is I have very little further evidence to offer. My home is in my name, we don't file taxes as my income is not taxable and we don't have joint accounts. I own a condo so all utilities are paid with he condo fee. I don't have life insurance do to my age.

My wife just recently began working so I can set up an account but I think the evidence has to span the length of the marriage. I can get more people to write affidavits but will that be enough? Now I'm concerned what will happen if I can't produce more evidence,

Any suggestions? Can the USCIS send my wife back to Russia?

[shikarnov 7]

Life insurance beneficiary? Mail showing the same resident address? Pictures (even if not together, but in the same locations or at the same events)? Surely there's some evidence around. Just gotta get creative.

I don't know that the USCIS can send her back to Russia -- but they can opt not to renew her Green Card. But as far as I'm aware, as your wife, she can stay in the US -- if not indefinitely, then at least long enough for you to mount an appeal.

If you really can't find any more evidence, then I would think it's time to solicit some legal counsel since this goes beyond the "usual" immigration matters we see on this forum.

Good luck. Please keep us apprised.

[SMR 368]

I got a notice from USCIS that they need more evidence we are married and living together. The problem is I have very little further evidence to offer. My home is in my name, we don't file taxes as my income is not taxable and we don't have joint accounts. I own a condo so all utilities are paid with he condo fee. I don't have life insurance do to my age.

My wife just recently began working so I can set up an account but I think the evidence has to span the length of the marriage. I can get more people to write affidavits but will that be enough? Now I'm concerned what will happen if I can't produce more evidence,

Any suggestions? Can the USCIS send my wife back to Russia?

What evidence have you sent? Do you have any sort of joint insurance (health insurance, auto insurance)? Do you have any cars? Do you have any retirement accounts / social security where she is listed as a beneficiary? Affidavits can never hurt.

What kind of income do you get that is non-taxable? I thought the government had gotten rid of that.

I don't think they can actually send her back until they get some hard evidence. A lack of evidence may make your road tough but if you keep fighting it, eventually you should be able to get through it since it's a real relationship. That's just my gut talking. Of course, a lot of things I have seen in the immigration process have proved my gut wrong.

[1HappyGuy 45]

I used two letters from friends describing our marriage. I had set up a joint account with my wife, but it was only a few months old and did not include the length of our marriage. I probably wouldn't do much more than that. Transferring half ownership of property to your spouse is generally not recommended, especially early on in the marriage. So go the route of the affidavits and joint account. Make sure you fully explain the situation regarding taxes and that you expect to file taxes this year since you wife is now working. You might mention in the letter that upon legal advice, you have not transferred any ownership in your property to your wife at this time. By the way, I asked my friends if they would sign a letter first and then I wrote the letter.

[slim 1,514]

Can the USCIS send my wife back to Russia?

I think they're just rattling your cage a little. They can't send her back (not without a whole bunch of appeals and a long drawn out process first) and they're probably only doing this to make you sweat it out a little and to see what kind of evidence you can scrounge up together - not so much to prove that you have more evidence, but just to prove that this woman will come back with you a second time and your answers will still jive.

I wouldn't worry about it too much. I think you could go back in there next time with exactly the same evidence and pass.

[Gary and Alla 3,694]

I got a notice from USCIS that they need more evidence we are married and living together. The problem is I have very little further evidence to offer. My home is in my name, we don't file taxes as my income is not taxable and we don't have joint accounts. I own a condo so all utilities are paid with he condo fee. I don't have life insurance do to my age.

My wife just recently began working so I can set up an account but I think the evidence has to span the length of the marriage. I can get more people to write affidavits but will that be enough? Now I'm concerned what will happen if I can't produce more evidence,

Any suggestions? Can the USCIS send my wife back to Russia?

If they do not renew her green card she would have to leave as she has no authorization to stay. I doubt that will happen, and worse case, you can always apply for a new IR-1. Bad news? The IR-1 you are trying to process for your son will also be on hold as it is dependent on her green card.

Not to be preachy, but for the benfit of others, you are not in a normal relationship. You are in a relationship subject to the whim of nameless, facelss people that can cause you all kinds of grief simply "because". Couples that have not had conditions removed need to be cognizant of this and arrange their lives accordingly. That means joint accounts, making sure your names or on all mail together, etc. It means making a concious effort to generate "proof".

That said. Here are some good things you may have to prove to the relationship...

1. Joint life/health insurance or her being listed as a beneficiary on yours

2. emergency contact sheets from work, school, etc.

3. If you have children together or that you both share responsibility for, show that. School records listing both of you as "parents", medical records listig both of you as parents. Medical records listing you as the responsible party for the payment of childrens medical expenses. health insurance you pay for that they are beneficiaries of

Utility bills, etc. are secondary evidence at best. You can add anyone to your eletric bill, so what? what they like to see is a mingling of financial assets. A mingling of parental responsibilities, etc. Things that fraudulent couples would not give access to the other for.

In the I-751 forum there is a pinned topic regarding preferred evidence types.

[Gary and Alla 3,694]

I think they're just rattling your cage a little. They can't send her back (not without a whole bunch of appeals and a long drawn out process first) and they're probably only doing this to make you sweat it out a little and to see what kind of evidence you can scrounge up together - not so much to prove that you have more evidence, but just to prove that this woman will come back with you a second time and your answers will still jive.

I wouldn't worry about it too much. I think you could go back in there next time with exactly the same evidence and pass.

It is true there is a "process". However, and this is not to be taken lightly, it is a whole big mess for the applicant as well. Just to file a motion to re-open costs $585.

You have been sent an RFE. That means the evidence you sent is not adquate and they WILL NOT approve the application based on that. You NEED to send them more evidence. If you respond by saying "That's all I have" the application WILL be denied, her green card will not be renewed and she will be sent a letter telling her to leave the country within 30 days.

You can then file a motion to re-open ($585)within the 30 days, but it must be accompanied by "new evidence", OR you can file another I-751 and start over. Will they come to your house and drag her back to Russia? No. Will they make youre life an expensive nuisance? YES. It can also ruin your chance of getting her son here, or at least delay it.

I am sure you have some other evidence if you dig around or call on former account holders, etc.

[baron555 934]

It means making a concious effort to generate "proof".

I agree and never miss a chance to generate our own joint evidence. I put her name as well as mine on the registration for the new canoe. I added her to the common checking/debit account, even though she doesn't use it. Health insurance, ditto. Life insurance, ditto. Car insurance, ditto.

Library card application form for the family, ditto.

Generate evidence. You are not in an ordinary relationship and never will be until she becomes a citizen.

Suggestion for VV: Start generating evidence today and send that back. Just do it.

[slim 1,514]

If they do not renew her green card she would have to leave as she has no authorization to stay.

Not true. As the wife of a USC she is authorized to stay indefinitely.

the application WILL be denied, her green card will not be renewed and she will be sent a letter telling her to leave the country within 30 days.

Also not true. Not necessarily, anyway. In order for her to be deported they'd have to determine the marriage to be a sham marriage and as such, her immigration status fraudulent. As long as she entered legally and you are married, they can't deport her without a determination. Not enough evidence doesn't necessarily do that.

You can't make evidence you don't have. There's no requirement for what you have to provide although it is up to them to determine if it's real or not. Show what you can, but you don't have to go out of your way to prove anything. Stick to your story.

[Brad and Vika 129]

Not true. As the wife of a USC she is authorized to stay indefinitely.

In order for her to be deported they'd have to determine the marriage to be a sham marriage and as such, her immigration status fraudulent. As long as she entered legally and you are married, they can't deport her without a determination. Not enough evidence doesn't necessarily do that.

To complicate things, I agree with the second statement, but disagree with the first (as I understand it). If she were to exit the border while not having a valid GC I think she would be stuck. If you mean by "stay", never leave the country at all, I think that USCIS probably won't waste time trying to chase or file. Not sure about work problems though. I point out the border issue because I think VV lives in Alaska, but I'm not sure as I type this. So travel to the rest of the US would be impossible too, theoretically without a GC. It seems to me that "stay indefinitely" and "can't deport without a ruling" are different things.

If it were me, I would bury 'em with all that ####### most of us take to our interviews and let 'em sort it out. Photo albums, email, phone bills showing calls from the house they both live in to Russia, logs, letters, everything. Even if the letters are to just one of them, the fact that they go to the same address would qualify as evidence. The RFE is bullsh1t, so bury the USCIS with more bullsh1t. Bring a truckload of paper and rely on the government employees to be too lazy to examine it.

[Gary and Alla 3,694]

Not true. As the wife of a USC she is authorized to stay indefinitely.

Also not true. Not necessarily, anyway. In order for her to be deported they'd have to determine the marriage to be a sham marriage and as such, her immigration status fraudulent. As long as she entered legally and you are married, they can't deport her without a determination. Not enough evidence doesn't necessarily do that.

You can't make evidence you don't have. There's no requirement for what you have to provide although it is up to them to determine if it's real or not. Show what you can, but you don't have to go out of your way to prove anything. Stick to your story.

I have had dealings with several AOS cases which were denied and were subsequently approved. In each case upon an unsatisfactory response the applicant (spouse) received a letter of denial asking them to leave the country. While it is not the I-751, they ARE the spouse of a US citizen regardless. Filing a motion to re-open or a new application reinstates their status to remain here.

It is true that there would need to be a "determination" for deportation, and I concede that and stated that they will not deport his wife. They will ask her to leave, which he can avoid. It will be a major, expensive nuisance.

People in our situation need to be making an effort TO generate evidence at every opportunity

[1HappyGuy 45]

If 9/11 taught us anything, it is that the INS, BCIS, USCIS has neither the will or desire to track down illegal aliens or aliens overstaying their visas. But the fact is that, VV will need to get outside help or have immense patience while going through the appeals process. With all the garbage about illegal aliens and the lack of enforcement by the immigration service, you would think that those going through the LEGAL PROCESS would get quality service. After all, we all paid for the service.

[slim 1,514]

It seems to me that "stay indefinitely" and "can't deport without a ruling" are different things.

Absolutely. What I meant by the above was it's not like you're going to be short of evidence and they're going to slap on the flexi-cuffs, throw a bag over her head, and whisk her away in the black helicopter.

The worst that could happen is he'd have to reapply. They're not going to come looking for her.

The RFE is bullsh1t, so bury the USCIS with more bullsh1t.

Agreed. Never underestimate the power of junk mail!

they will not deport his wife. They will ask her to leave, which he can avoid. It will be a major, expensive nuisance.

If they want more, give them more. But, don't worry about "creating" something tht doesn't exist.

People in our situation need to be making an effort TO generate evidence at every opportunity

Junk mail! I'm telling you, sign her up for catalogs and mailing lists, etc.

[1HappyGuy 45]

Just get her a credit card and wait. The junk mail will follow. Then you will be sorry.

[baron555 934]

Just get her a credit card and wait. The junk mail will follow. Then you will be sorry.

Yep, I save a lot of that. And, go get a library card, both of you. Even if you don't plan to use it.

And sign up for a joint bank account, even if you don't use it.

All of this is "normal" evidence that a US couple would normally have; so it's "valid".