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Filed: K-1 Visa Country: Canada
Timeline
Posted

Hey VJ!

 

 So I'm actually a Canadian citizen and my wife is a USC. My two year mark as a conditional permanent resident is coming to an end as of April 2018. Since I've been authorized to work in the U.S.  all my wife and I do is work! We are barely even home. She and I live with a mutual family  friend and have a rental agreement with her but no other  paper trail with our names on it. All we have together are the following :

 

- joint bank account (which isn't used every day because it's a more of a savings)

-  2015/2016 joint  tax returns

- Photo's.

- joint credit card (which we literally just go last week)

 

My wife and  I have no life/health insurance, we live in N.Y. so we don't have drivers licenses and where we live everything is in our friend's name. My question is with that being said,  what exactly  do we send in with our application?  I understand USCIS needs solid proofs to validate each case but not every marriage is picture perfect and falls under all of the terms of all of their requirements they want to see. If anything I feel it makes people add more sugar coated evidence just out of fear of getting their ROC  denied . I don't mean to sound like I'm complaining because I get, it is what it is but I just don't want to get myself worked up for no reason. I don't know if what we  have will suffice but I hope it counts as something. Answers would be greatly appreciated!

Posted

You make it sound like this is all a surprise, and that USCIS' demands are utterly unreasonable. We all know, or should know, that our statuses are conditional, and that we have to show evidence that our marriages are legit two years out. Regardless of your circumstance, you still have to show that you cohabit, co-mingle finances, share experiences, and plan for the future like real married couples do from the time of marriage to the time of petitioning to remove those conditions.

 

You still have 5 months to prepare, so make the best use of that time (remember to present evidence from marriage, though). I have linked a framework for thinking about what evidence to provide. In addition to the things on the list, and a carefully written affidavit from your spouse describing your circumstances and the choices you've made, here are some ideas for alternative documentation of joint residence, which seems to be your biggest weakness:

  • Rental agreement/sublease from your family friend, PLUS
  • Sworn affidavit from the friend describing your relationship with her; describing whether she owns/rents the place, (maybe providing evidence of that); and asserting that you both reside there, have done so from X date to Y date, and do so under Z terms (payment of rent, utilities, etc.)
  • Official correspondence from a non-USCIS government agency addressed to both of you (or individually) using the residential address
  • Maybe go get those drivers licences, even if you don't drive?
  • State ID cards that show the same residential address

 

Posted

Will/living will for both, naming each other as beneficiary

I'm from the UK, hubby is from Michigan and is a retired US Army LTC.   We are currently stationed overseas.

Here is our immigration journey so far....

10.26.13 - Our wedding in Scotland 

11.26.14 - Filed I-130 at US Consulate, Frankfurt (DCF)

11.18.14 - Returned to Scotland to renew our vows for our first wedding anniversary

01.08.15 - NOA2 received in snail mail, together with case number and Packet 3 instructions

02.15.15 - Submitted Packet 3

02.17.15 - Packet 4 received by email with instructions to schedule medical and interview

02.18.15 - Email authorisation received from Consulate to gain access to appointment calendar

03.03.15 - Medical

03.18.15 - Interview - Approved

03.21.15 - Visa in hand

06.10.15 - POE Chicago (final destination Detroit)

07.20.15 - Received SSN in mail

07.27.15 - Received 2 year green card in mail

The journey to ROC starts here...!

10.05.15 - Returned to Germany on government orders

05.25.17 - Mailed ROC package to California Service Centre

06.14.17 - Received NOA 1 (dated 05.30.17) in mail

09.05.18 - Received a second NOA (dated 08.11.18) in mail granting a further six months extension to green card due to 'processing delays'

11.26.18 - ROC - Approved

12.05.18 - Approval Notice I-797 received in mail

12.18.18 - 10 year green card received in mail

The journey to citizenship starts here...!

 

Filed: K-1 Visa Country: Canada
Timeline
Posted

An affidavit from the friend you're renting from would be good to have or whatever lease or agreement they had you sign when you started living there. If there are any receipts for rent, maybe those too?

 

Since you have 5 months, I would take a look at the list and see if you can get any more put together in time for your case. I think the bank statements and tax and lease/deed are the important ones. I don't know about the bank account, but I'd assume having it set up since you were married is good even if it isn't used much. I think regular activity is good to show though.

 

In the end, submit what you have and you'll get an RFE if they need more evidence.

--------------------------

K-1 Visa Timeline

--------------------------

04/21/2014: Submitted I-129F

05/29/2014: NOA2 via email

01/20/2015: Visa Received

03/15/2015: POE

04/01/2015: Married!! (L)

04/11/2015: Submitted AOS / EAD / AP

10/09/2015: Green Card Approved

07/20/2017: Submitted I-751 ROC

07/27/2017: NOA1 Received

10/14/2017: Biometrics Waived

10/27/2018: ROC Approved

 

Posted

You could do what we do - use the joint account for expenses but have your pay checks go into your individual accounts. That way you have an active joint account and USCIS is happy.

ROC from CR-1 visa (Green Card expiration date was Nov 24th 2016)

 

Link to the evidence I submitted. Be sure to send evidence spanning your entire marriage (especially for K-1) or as far back as you can. Just one or two bank statements will not cut it. I primarily focused on the two years of living here since I came in on a CR-1. If you don't have the fundamentals (i.e. joint accounts/policies), you can explain why in the covering letter. E.g. "While we do not have joint utilities, we both contribute to them from our joint bank account".

 

September 26th 2016: I-751 package sent to CSC

September 28th 2016: Package delivered
September 30th 2016: Check cashed
October 3rd 2016: NOA1 received with receipt date of 09/28/16
November 3rd 2016: Biometrics received with appointment date of 11/14/16.
November 14th 2016: Attended biometrics appointment
October 30th 2017: Infopass appointment to get I-551 stamp
February 26th 2018: I-751 case number (aka the NOA1 receipt number) becomes trackable
March 14th 2018: Submitted service request due to being outside of processing time.

March 15th 2018: ROC approved. 535 days (1 year, 5 months and 17 days)

March 29th 2018: Card being produced

April 4th 2018: Card mailed out

April 6th 2018: Card in hand. Has incorrect "resident since" date. Submitted service request on I-751 case (typographical error on permanent resident card) and an I-90 online.

April 2018 - August 7th 2018: Tons of service requests, emails and now senator involvement to get my corrected green card back because what the heck, USCIS. Also some time in May I sent a letter to Potomac telling them I want to withdraw my I-90 since CSC were handling it.

August 8th 2018: Card in production thanks to the direct involvement of Senator Sherrod Brown's team

August 13th 2018: Card mailed

August 15th 2018: Card in hand with correct date. :joy:

October 31st 2018: Potomac sends out a notice stating they have closed out my I-90 per my request. Yay for no duplicate card drama.

Posted
On 10/29/2017 at 9:26 PM, Sunflower18 said:

Will/living will for both, naming each other as beneficiary

^^This^^ and/or medical power of attorneys for both of you! You said that you both all the time (I understand!) Do either of you have a 401K or annuity plan? Add each other as beneficiary. Some jobs have small life insurance policies as part of the  benefits. See if either of you have this perk and add each other as beneficiary. Hope this helps. Good luck.

Mahalo/Salamat!

Steve and Joan
Met on Facebook 2/24/12
Met in person 6/5/12
Second visit 10/2/12
Engaged 10/3/12
NOA10/15/12
Third visit 12/10/12
Joan got her passport! 2/20/13
NOA2 4/24/13
Fourth visit 5/28/13
CFO 5/30/13
Embassy Interview APPROVED 6/6/13

Joan passed through immigration in Hawaii! She's home! 6/13/13

MARRIED 8/24/13

AOS, EAD and AP petitions sent to Chicago via Express Mail

EAD/AP Received 11/13/13

AOS Interview APPROVED 11/26/13

2-year Green Card in hand 12/5/13

ROC (I-751) sent to CSC via USPS Express Mail 8/31/15

ROC check cashed 9/4/15

ROC Biometrics 10/1/15

ROC Approval 4/6/16 (waiting for actual card)

Permanent Green Card Arrived 4/14/16
Naturalization Interview 2/22/17 APPROVED!

Oath Ceremony 3/21/17--Joan is a US Citizen!

Dual Citizenship 7/7/22 Joan is now a Dual US/Filipino Citizen!

Kayak small lagoon crop 10 72 for VJ.jpg

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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