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lesleypowers

VWP & quick marriage- am I over explaining in my cover letter?

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Filed: AOS (apr) Country: Australia
Timeline

Hey folks,

 

About to submit my I-751 and am writing the cover letter. All the example ones I have seen state the date that the immigrant (that'd be me) entered the country, how, and the date of the marriage.  Well; I entered the country from the UK under the visa waiver program with the genuine intent of leaving within the 90 days, but one thing led to another (in the best possible way) and my wife and I ended up getting married a little over 2 months after I arrived. All above board and I got my AoS & provisional green card with no problems- we are very happily married- but I can see that on paper it does seem very quick (we had only been together for about 8 months- when you know you know!). I am wondering if my wording is ok or if its likely to flag attention (we'd like to avoid an interview, obviously).

Side note: Will this evidence be sufficient...? It's really all we have, we're young and have no kids or property yet. We haven't changed our names (for multiple reasons) and didn't have a wedding (couldn't afford it, but we did have a lovely dinner after we went to the courthouse).

Thank you!:

 

"Dear USCIS Officer:

 

I am filing a joint Form I-751, Petition to Remove Conditions on Residence, with my wife, [Name of Immigrant]. My wife entered the U.S. through the Visa Waiver Program on January 13th 2015 with intent to leave on April 9th, but cohabiting over those weeks made us realize how strong our relationship was when under the same roof, and we were married on March 20th 2015. We have remained living together and have a happy and loving marriage. We respectfully request that this petition be accepted for removal of conditions on residence for [Name of Immigrant].

 

We have enclosed Form I-751, a check for $590 and a biometrics services fee check for $80, and a copy of the permanent resident card for Sophie Birkin. Please also find the following documents enclosed to verify the status of our marriage and ongoing relationship:

 

  • Copy of our marriage certificate
  • Copy of documents proving joint occupancy of a rental property
  • Copy of rent and utility payments made by [beneficiary] to [sponsor]
  • Copies of joint tax statements for the previous two years (2016-2017)
  • Documentation showing our joint checking account
  • Copies of Chase credit cards showing [beneficiary] as an authorized user
  • Documentation showing our joint family healthcare plan with Kaiser Permanente
  • Documentation showing our joint family phone plan with Sprint
  • Four sworn affidavits by U.S. citizen family and friends, attesting to our relationship and marriage
  • Copies of flight confirmations/plane tickets showing trips taken together
  • Photographs from various vacations and visits to family (annotated)

 

You may feel free to inquire at any of the sources of enclosed documentation for validity of their statements. Please advise me if you have any further questions or problems related to this petition. We very much appreciate your time and assistance.

 

 

Sincerely,

 

[Sponsor] and [Beneficiary]"

 

Edited by lesleypowers
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Filed: Citizen (apr) Country: England
Timeline

You don't even need a cover letter. Not a requirement. Skip it. I did and had no RFE, interview, or hold ups. If you insist then leave out that first paragraph. It all about the form and documentation, not a list that probably never makes it out of the mailroom. 

 

Make sure your proof includes dated material that covers the entire time of your marriage. Joint things with 2015 to 2018 dates. Joint healthcare proof from 2015, 2016, 2017 for example. Your earliest joint bank statement, some in the middle, and latest. Show a history of jointness as required. How quick you married doesn't matter to them. "Happy loving marriage" type words doesn't influence them. Don't you think a fraudster could write the same words? Present good hard evidence of living at the same address and mutually sharing money since 2015.

 

"Copy of rent and utility payments made by [beneficiary] to [sponsor]" is kinda weak. Sounds like she is paying you off for her greencard. Both names on lease and utilities with both paying the vendor at various times is more convincing. Work on your evidence and come up with other convincing things.

Edited by Wuozopo
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Filed: AOS (apr) Country: Australia
Timeline
1 hour ago, Wuozopo said:

You don't even need a cover letter. Not a requirement. Skip it. I did and had no RFE, interview, or hold ups. If you insist then leave out that first paragraph. It all about the form and documentation, not a list that probably never makes it out of the mailroom. 

 

Make sure your proof includes dated material that covers the entire time of your marriage. Joint things with 2015 to 2018 dates. Joint healthcare proof from 2015, 2016, 2017 for example. Your earliest joint bank statement, some in the middle, and latest. Show a history of jointness as required. How quick you married doesn't matter to them. "Happy loving marriage" type words doesn't influence them. Don't you think a fraudster could write the same words? Present good hard evidence of living at the same address and mutually sharing money since 2015.

 

"Copy of rent and utility payments made by [beneficiary] to [sponsor]" is kinda weak. Sounds like she is paying you off for her greencard. Both names on lease and utilities with both paying the vendor at various times is more convincing. Work on your evidence and come up with other convincing things.

Thanks for your response Wuozopo. I'll cut down the cover letter.

 

There's a lot of evidence we simply do not have. I couldn't get on the same healthcare plan or open any kind of bank account until 10 months after I arrived in the country, because of open enrollment, waiting for my employment card, etc. We only opened a joint bank account a few weeks ago. Perhaps this is just a Colorado thing, but when we were filing our Adjustment of Status we called our gas, electric and water and pet insurance providers and they said they were unable to hold accounts for married couples, only individuals. Both our names are only on our phone bill and health insurance. We've paid both our landlords with checks from my wife's account, which is why I transferred payment to her. Although we have evidence that we lived together, our first landlord for 2 years refused to put my name on the lease because he had "rented to a lesbian couple before and they broke up" (seriously). None of this was an issue for Adjustment of Status, though- I thought I-751 was subject to less intense scrutiny?

Is this a "you MUST have this evidence or you will not pass" kinda deal or can they use common sense? We've visited each others families on 9 occasions combined and have plane tickets, photographs and signed affidavits to prove it. I would hope that any rational person could look at the evidence we have and see we have a genuine relationship. We're just young. Honestly, I would imagine it's easier to fake a joint utility bill than it is to spend thousands of dollars over multiple years on flights together to see family?

Thanks again.
 

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5 minutes ago, lesleypowers said:


Is this a "you MUST have this evidence or you will not pass" kinda deal 

No. Nothing is mandatory.

 

5 minutes ago, lesleypowers said:

 or can they use common sense? 

Supposedly.

 

 

 

 

 

Send what you have.  You cannot send what you do not have or that does not exist.

CR1 / DCF (London): 2012 / 2013 (4 months from I-130 petition to visa in hand)

I-751 #1- April 2015 [Denied]

 

April 2015 : I-751 Joint filing package sent fedex next day 09:00am from UK ($lots - thanks). 
Jan 2017: Notification that an interview has been scheduled at a local office. Bizarrely still no RFE... 
Jan 2017: 2hr wait, then interview terminated before it began, due to moving my ID to another state 2 wks prior. New interview 'in a few months...maybe.'   Informed them that divorce proceedings are underway, but not finalised at this time. 
March 2017: An Interview was scheduled - marked as no-show as they didn't actually send out a notification of interview. FML 
April  2017: Filed an official complaint with the ombudsman, and have requested Senator & Congressman assistance
August 2017: Interview - switched to a (finalised) divorce waiver. Told that decision will be made that afternoon, but no problems foreseen with my case. 
October 2017: Letter of Denial received - reason given as 'I-751 petition was not properly filed'. Discovered ex-spouse made false allegations to USCIS in 2015. No opportunity given to review & refute allegations  - contrary to USCIS policy.

I-751 #2 - Oct 2017 - Mar 2021[Denied] 

 

October 2017: Within 72hrs of receiving denial notice, a new waiver I-751, divorce decree & $680 cheque, sent to Vermont via FedEx overnight 9am priority.  
Dec 2019: Filed FOIA request for full A# file
Feb 2020: FOIA request completed - entire A# file received as a .PDF; 197 pages fully redacted, and 80 partially redacted. Don't waste your time!
March 2021: I-751 #2 denied for lack of evidence. No RFE, no interview, and evidence in previous I-751 not reviewed - contrary to policy. Huge errors in adjudication.

N-400 - Feb 2018 - Apr 2021 [Denied]

 

February 2018: N-400 filed online.  $725 paid to the USCIS paperwork wastage fund

February  2019: Interview - cancelled after a four hour wait due to 'missing paperwork' on their end. Promised Expedited reschedule.

March 2021: Interview letter received, strangely dated after I-751 denial. No I-751 interview conducted. N-400 interview and test passed, given 'cannot make a decision at this time' paper due to the ongoing I-751 nightmare...

April 2021: N-400 denial received citing recent I-751 denial as basis for ineligibility, even though it should have been a combo interview 🤯

I AM JACK'S COMPLETE LACK OF SURPRISE

Service Motion - March 2021 [Sent via FedEx & COMPLETELY IGNORED by USCIS]

 

March 2021: Service Motion request sent overnight addressed direectly to field office director, requesting urgent review and re-opening, based on errors in adjudication - citing USCIS policy, AFM and memorandums as basis for errors. This was completely ignored by USCIS.

 I-751 #3 - June 2021 - Jan 2024 [Denied]

 

IT'S GROUNDHOG DAY

June 2021: I-751 #3 (30+lbs/5000 pages of paperwork) & another $680 sent to USCIS via FedEx ($300+..thanks) .... 

June 2021: Receipt issued, card charged, biometrics waived, infopass scheduled for I-551 stamp number ten.....

Feb 2022: RFIE (no, not an RFE, a Request For Initial Evidence) received, for copies of the divorce paperwork that they already have 😑

July 2022: Infopass for I-551 stamp number eleven.....

August 2023: Infopass for I-551 stamp number twelve....

January 2024: Denial received, ignoring the overwhelming majority of the filing, abundance of evidence, and refutation of a provably false allegation. The denial also contradicts itself in multiple places, as if it was written by someone with an IQ <50.

HAPPY NEW YEAR

 

2024: FML. Seriously. I'm done. 

 

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Filed: Citizen (apr) Country: England
Timeline
10 minutes ago, lesleypowers said:

s this a "you MUST have this evidence or you will not pass" kinda deal or can they use common sense? We've visited each others families on 9 occasions combined and have plane tickets, photographs and signed affidavits to prove it. I would hope that any rational person could look at the evidence we have and see we have a genuine relationship.

We too lacked much of their suggested evidence, but dug deep to find anything with both names on it. Do you both have driver licenses or state ID cards showing same address? Cars in both names, or auto insurance in both names. Library cards. Pet adoption together. Medical bills with one name and the other name as responsible party. Keep thinking and give it your best shot. Most don't interview so submit a bunch of different things with the form. Even if you were really lacking, you would be given an interview so you would have an opportunity to talk about it. 

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Marriage Certificate is unnecessary.

Also, your dating history up to the marriage is completely irrelevant and unnecessary. That was already evaluated for the 2 year green card.

 

This is for ROC and what counts is evidence dated AFTER marriage or AFTER 2 year green card approval.

 

Affidavits from colleagues at work or a neighbor (for example) are much more valuable than friends and family. Friends and family affidavits are really very weak evidence.

But overall, affidavits are of least importance.

Financial commingling has much more weight for USCIS.

 

I got approved and submitted no affidavits at all.

 

Edited by sddude89
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