Should I-751 evidence only be NEW evidence?

[shira 4]

My wife received a letter from USCIS, reminding her that she needs to file Form I751. The letter states:

"The evidence you submit should cover the duration of the marriage."

Well, my wife and I were already married for 17 months before the immigrated, and the first 9 months of our marriage were covered by evidence submitted with forms I-130 and DS-230 when she obtained her CR1 visa.

So my question is: Should I re-submit that "old" evidence? Should I also include evidence covering the last eight months she lived in China before she immigrated?

Obviously, I'm providing extensive evidence covering the entire period she's been in America.

Thanks in advance.

Shira

[NickD 202]

From the time we submitted our AOS forms to approximately a year later when we finally had our AOS interview, couldn't do much of anything due to the American Patriot Act, not even open a tiny joint bank account, but could claim her as my wife on our very first income tax return. We could only show this joint stuff after she received her conditional green card, so all of our evidence started from that date. But did submit our very first joint tax return, was not required by the IRS to list her SS number. She couldn't even get on until she received her conditional green card.

Since we applied for ROC 90 days before her card expired that was about 21 months of evidence we accumulated over that time period, but since practically over a year went by, USCIS wanted an update for that extra year of evidence, mostly bank accounts and an extra tax return. We also purchased a new vehicle during that time, so could show a joint title.

But after that year went by, she was eligible to apply for US citizenship for the three year marriage privilage, so we submitted the same evidence again we used for the I-751, plus they also wanted just about all the evidence we already submitted during our AOS stage, proof I was a US citizen, freed to marry with yet another 51 pages of my divorce, and our marriage certificate. Could only ask why they wanted all this information again, because how could she get her green card in the first place.

For us a 450 mile round trip to our nearest USCIS office, 3 for biometrics, AOS interview, I-551 stamp, US citizenship interview, oath ceremony. 3150 miles of driving plus all those fees. Listened to that republican debate last night, one of the candidates said our legal system needs a major overhaul, he sure got that right. Plus all those fees.

Then bringing in refugees without even a background check, putting them in government housing, and giving free medical and food. We were sure on the opposite side of the fence for this, had to pay a small fortune for all of that medical out of my own pocket, not covered by our health insurance, times two, wife also had a daughter. For AOS, she was treated as a complete separate entity, kept on giving us separate dates for biometrics, wouldn't let us change so that was an extra 1,350 miles of driving, same for her citizenship.

Then I hear for all those minor children coming here illegally, the government is picking up the tab. None of these huge fees are tax deductible so had to be paid with after the tax dollars, and after that, wasn't very much left.

[shira 4]

From the time we submitted our AOS forms to approximately a year later when we finally had our AOS interview, couldn't do much of anything due to the American Patriot Act, not even open a tiny joint bank account, but could claim her as my wife on our very first income tax return. We could only show this joint stuff after she received her conditional green card, so all of our evidence started from that date. But did submit our very first joint tax return, was not required by the IRS to list her SS number. She couldn't even get on until she received her conditional green card.

Since we applied for ROC 90 days before her card expired that was about 21 months of evidence we accumulated over that time period, but since practically over a year went by, USCIS wanted an update for that extra year of evidence, mostly bank accounts and an extra tax return. We also purchased a new vehicle during that time, so could show a joint title.

But after that year went by, she was eligible to apply for US citizenship for the three year marriage privilage, so we submitted the same evidence again we used for the I-751, plus they also wanted just about all the evidence we already submitted during our AOS stage, proof I was a US citizen, freed to marry with yet another 51 pages of my divorce, and our marriage certificate. Could only ask why they wanted all this information again, because how could she get her green card in the first place.

For us a 450 mile round trip to our nearest USCIS office, 3 for biometrics, AOS interview, I-551 stamp, US citizenship interview, oath ceremony. 3150 miles of driving plus all those fees. Listened to that republican debate last night, one of the candidates said our legal system needs a major overhaul, he sure got that right. Plus all those fees.

Then bringing in refugees without even a background check, putting them in government housing, and giving free medical and food. We were sure on the opposite side of the fence for this, had to pay a small fortune for all of that medical out of my own pocket, not covered by our health insurance, times two, wife also had a daughter. For AOS, she was treated as a complete separate entity, kept on giving us separate dates for biometrics, wouldn't let us change so that was an extra 1,350 miles of driving, same for her citizenship.

Then I hear for all those minor children coming here illegally, the government is picking up the tab. None of these huge fees are tax deductible so had to be paid with after the tax dollars, and after that, wasn't very much left.

So are you saying that I SHOULD re-submit the older evidence? Should I make clear which evidence is a repeat and which is new?

[tittysprinkles 4]

So are you saying that I SHOULD re-submit the older evidence? Should I make clear which evidence is a repeat and which is new?

I think he's saying you should enter via the Syrian refugee program...he's also wrong with his garbage about lack of background checks, but I digress. Must be the delicious Wisconsin Leinenkuegels that got to him already.

In short, the documents need to show a bonafide marriage. I'm not sure what previous documentation already submitted will help with that, unless it's a continuation i.e. joint bank accounts from years BEFORE you went through the CR1 process AND up to and including the ROC filing date.

Bottom line is if the documentation will help build a case of commingled assets throughout the marriage, there's no reason that info prior to the green card issue date wont help, provided you back it up with a continuation of data.

[shira 4]

I think he's saying you should enter via the Syrian refugee program...he's also wrong with his garbage about lack of background checks, but I digress. Must be the delicious Wisconsin Leinenkuegels that got to him already.

In short, the documents need to show a bonafide marriage. I'm not sure what previous documentation already submitted will help with that, unless it's a continuation i.e. joint bank accounts from years BEFORE you went through the CR1 process AND up to and including the ROC filing date.

Bottom line is if the documentation will help build a case of commingled assets throughout the marriage, there's no reason that info prior to the green card issue date wont help, provided you back it up with a continuation of data.

Well, what the older documentation shows is financial commitment. I added her as the Payable on Death beneficiary to two financial accounts while she was still in China. And there's the joint tax return we filed while she was there. Plus documentation for all of my trips there (eight in all) and all of the money I spent.

My feeling was that it couldn't hurt to repeat this evidence, especially as the instruction in the letter makes clear that evidence back covering the entire marriage is required, and that early evidence would be a repeat.

[tittysprinkles 4]

My feeling was that it couldn't hurt to repeat this evidence, especially as the instruction in the letter makes clear that evidence back covering the entire marriage is required, and that early evidence would be a repeat.

Agreed. Just b/c you filed the CR well after you got married doesnt invalidate any evidence that is time-stamped beforehand.

[Cheezees 1,514]

Submit all evidence from the beginning of your marriage until the present. It does not matter if you resubmit "old" evidence. You should go as far back as you can to avoid an RFE and delaying your case. Do not assume that they already have some of your documents from your last application. Good luck on your ROC journey!

[Ryan H 3,790]

OP, for the ROC process, USCIS is most interested in what you have done since you have arrived and less in the evidence prior to your arrival.

Your main focus should be on evidence post POE.

[NikLR 13,220]

So are you saying that I SHOULD re-submit the older evidence? Should I make clear which evidence is a repeat and which is new?

Welcome to the NickD rant.

I fully agree with RyanH. Try to submit mostly new evidence. Things that show you're "living as a married couple" since POE.

[Darnell 8,478]

for RoC - based on CR-1 visa -

use the evidence that you've been amassing from the day she immigrated INTO the usa until the day before you actually file.

I've written some stuff about this recently..

[Darnell 8,478]

From the time we submitted our AOS forms to approximately a year later when we finally had our AOS interview, couldn't do much of anything due to the American Patriot Act, not even open a tiny joint bank account, but could claim her as my wife on our very first income tax return. We could only show this joint stuff after she received her conditional green card, so all of our evidence started from that date. But did submit our very first joint tax return, was not required by the IRS to list her SS number. She couldn't even get on until she received her conditional green card.

Since we applied for ROC 90 days before her card expired that was about 21 months of evidence we accumulated over that time period, but since practically over a year went by, USCIS wanted an update for that extra year of evidence, mostly bank accounts and an extra tax return. We also purchased a new vehicle during that time, so could show a joint title.

But after that year went by, she was eligible to apply for US citizenship for the three year marriage privilage, so we submitted the same evidence again we used for the I-751, plus they also wanted just about all the evidence we already submitted during our AOS stage, proof I was a US citizen, freed to marry with yet another 51 pages of my divorce, and our marriage certificate. Could only ask why they wanted all this information again, because how could she get her green card in the first place.

For us a 450 mile round trip to our nearest USCIS office, 3 for biometrics, AOS interview, I-551 stamp, US citizenship interview, oath ceremony. 3150 miles of driving plus all those fees. Listened to that republican debate last night, one of the candidates said our legal system needs a major overhaul, he sure got that right. Plus all those fees.

Then bringing in refugees without even a background check, putting them in government housing, and giving free medical and food. We were sure on the opposite side of the fence for this, had to pay a small fortune for all of that medical out of my own pocket, not covered by our health insurance, times two, wife also had a daughter. For AOS, she was treated as a complete separate entity, kept on giving us separate dates for biometrics, wouldn't let us change so that was an extra 1,350 miles of driving, same for her citizenship.

Then I hear for all those minor children coming here illegally, the government is picking up the tab. None of these huge fees are tax deductible so had to be paid with after the tax dollars, and after that, wasn't very much left.

alas, your situation does not mirror his - yer lass came in on a K-1 visa and not a CR-1 visa.

here's a nugget, though [thanks for writing it!] and i'll comment:

Since we applied for ROC 90 days before her card expired that was about 21 months of evidence we accumulated over that time period, but since practically over a year went by, USCIS wanted an update for that extra year of evidence, mostly bank accounts and an extra tax return. We also purchased a new vehicle during that time, so could show a joint title.

you are speaking specifically about the time between the date of dropping the RoC into the mail and the date of the interview. More evidence amasses inbetween, so it makes sense to bring the differential on interview day.

Then bringing in refugees without even a background check, putting them in government housing, and giving free medical and food. We were sure on the opposite side of the fence for this, had to pay a small fortune for all of that medical out of my own pocket, not covered by our health insurance, times two, wife also had a daughter. For AOS, she was treated as a complete separate entity, kept on giving us separate dates for biometrics, wouldn't let us change so that was an extra 1,350 miles of driving, same for her citizenship.

Folk told you of your other options when she was here on a Tourist Visa, and what to do about the child, and you did not listen to us then (myself included) so you made yer own situation. Edited December 17, 2015 by Darnell

[shira 4]

for RoC - based on CR-1 visa -

use the evidence that you've been amassing from the day she immigrated INTO the usa until the day before you actually file.

I've written some stuff about this recently..

If USCIS wants only evidence since POE, why on earth do they explicitly instruct "The evidence you submit should cover the duration of the marriage."?

As it is, I've assembled a package of evidence over 4 inches think. If they want to simplify their lives, let them provide CLEAR instructions for what they want.

Edited December 18, 2015 by shira

[NikLR 13,220]

Because some people enter on a K1 so marriage occurs after entry. They still have to remove conditions.