residence outside the US = denial??

[thenzero 0]

Hello friends at VJ,

My husband and I got married in 2012, and I did the biometrics for Removal of Conditions in October 2014. I got the Letter of Extension months ago, but then I got an RFE recently with key words including: insufficient establishment of a "marriage in good faith/continuing to share a life together," "joint ownership of assets/responsibility for liabilities," "active co-mingling of finances," "joint financial responsibility and joint residency."

We have been living almost 2 years now in my home country as I care for my dependent relatives. We work as research consultants, and registered a business in my country and have been lucky enough to work and travel between the U.S. and here frequently. We essentially split our residency between my husband's family home in the U.S (my mailing address). and my family home outside the US -- we pay taxes in each case.

Honestly not too surprised we got an RFE, as we were reticent to show our names on a lease outside the US. Same goes for the business registration details; however, both these items show sufficient co-mingling/shared responsibility of assets, finances, liabilities, no? And assuming that they do -- does such evidence still put us at a disadvantage since it looks like we don't permanently reside in the US? We both plan to move back to the US full time next year, as that's when my husband's work permit in my country expires; also, my family responsibilities will likely become irrelevant :|

We can also show that we have taken many vacations together further afield since our marriage. We have some joint finances in my country and we recently applied for joint health insurance here (where I am the primary insured). Apart from that, we have finances and some assets in the US as well.

TL;DR: I believe we can establish "marriage in good faith and joint financial responsibility," but this means sending evidence that we don't physically reside in the States throughout the year (but we pay taxes). Does that put us at a disadvantage, since there's no real evidence that we will return to reside in the US, though that is our intention?

Many thanks, guys!

[is63 7]

TL;DR: I believe we can establish "marriage in good faith and joint financial responsibility," but this means sending evidence that we don't physically reside in the States throughout the year (but we pay taxes). Does that put us at a disadvantage, since there's no real evidence that we will return to reside in the US, though that is our intention?

Many thanks, guys!

Do not worry about physical presence in USA. They already know that you are outside or lived outside for a long time.

When you leave from the airport and come back, they keep records of your trips.

If there is a problem they would tell you when you come back to USA.

I had same situation like you lived outside USA for almost two years, came back to US for biometrics then left.

I got approved a week ago.

You need to send same documents as you would in USA i.e. proof of residency together in your home country.

I sent certified letter from my foreign company (we live in a camp).

I mentioned this in the cover letter but I made sure to say we are coming back to USA to live permenantly.

I also had re-entry permit.

Summary: send all documents you have to proof living together whether in USA or in your home country.

Good luck.

Edited June 24, 2015 by is63

[Penguin_ie 5,986]

Yes, that will be a big issue. How much time did you spend inside the USA in the last 2 years?

[thenzero 0]

You need to send same documents as you would in USA i.e. proof of residency together in your home country.

I sent certified letter from my foreign company (we live in a camp).

I mentioned this in the cover letter but I made sure to say we are coming back to USA to live permenantly.

I also had re-entry permit.

Thanks for sharing your experience. But: What was the content of the certified letter? What is a re-entry permit?

Yes, that will be a big issue. How much time did you spend inside the USA in the last 2 years?

Only a few months in total, as I'm primarily caring for my relative. I was spending a lot of time here, and then I was lucky to find a flexible job! Then my husband did as well and we've been kinda back and forth ever since.

[NikLR 13,220]

To be honest it doesn't sound like the USA is your primary residence so you are really not living in the USA as the green card is intended. You may need a lawyer.

[thenzero 0]

thanks to all; these comments have been very illuminating.

thanks is63 for sharing your experience glad to know someone else understands and that it worked out.

i feel like the other responses maybe focus too much on the 'residence' aspect of the card (travel document). Permanent residence in the U.S in this case is issued to "promote family unity," which means that both spouses must have the right to live and work in the U.S. So, provided my marriage is still sound (which is determined by USCIS at their discretion, of course), USCIS should pretty much issue the greencard. amirite? ...or nah?

[Darnell 8,478]

financial co-mingling evidence - whatcha got?

[aaron2020 11,651]

Hi,

To be blunt. A green card is for residing in the U.S. Having your primary residence outside the U.S. means you do not meet the conditions to keep the green card. By selectively disclosing only information that is favorable to make it look like you are living in he US and withholding information about your life outside the U.S. is presenting a false case. Essentially, it looks like immigration fraud.

Best of luck to you

[thenzero 0]

OK I think I got this one now. big up to all who offered!!!

here's to a happy ending~

[NikLR 13,220]

A green card is not a travel document.

A green card is a legal residence document. It means you can live and work in the USA and all the rights and privileges that go with that beyond voting, certain jobs, jury duty etc (things limited to citizens only.)

One of the conditions of the green card is to live in the USA.

I have to agree with aaron2020 and stick by my initial statement.

[HC70 24]

Do not worry about physical presence in USA. They already know that you are outside or lived outside for a long time.

When you leave from the airport and come back, they keep records of your trips.

If there is a problem they would tell you when you come back to USA.

I had same situation like you lived outside USA for almost two years, came back to US for biometrics then left.

I got approved a week ago.

You need to send same documents as you would in USA i.e. proof of residency together in your home country.

I sent certified letter from my foreign company (we live in a camp).

I mentioned this in the cover letter but I made sure to say we are coming back to USA to live permenantly.

I also had re-entry permit.

Summary: send all documents you have to proof living together whether in USA or in your home country.

Good luck.

Hi,

Did you receive RFE or interview notice from your local field office?

thank you..

[is63 7]

Hi,

Did you receive RFE or interview notice from your local field office?

thank you..

none