Jump to content
SSKK

Living separately (Temporary) due to employment while waiting on I-751

7 posts in this topic

Recommended Posts

Hello, 

 

I'm a petitioner and my wife is the sponsor first of all.  I see some threads where people had same situation as mine back then, but I would like to see as latest information as possible. I apologize in advance for making the a new thread. 

 

I have submitted I-751 Feb 2018 and still waiting for the answer from USCIS. I got a job offer in Arizona Dec 2018 and moved out from CA 12/31/2018. My wife and child are still living in CA with her parents, but they will follow me and move by end of Feb 2019. We are still legally married and have a beautiful 2 months old child. I have already submitted AR-11 form for myself. I plan to submit the form I-865 for my wife as they move. There will be for a little less than 2 months period for us living separately. We have some proofs that we are a married couple with a good faith.

 

Our child birth certificate

Letter from a doctor for our child showing 2 months vaccination (This is the main reason why my wife wanted to stay behind for the sake of our child health)

Apartment Lease starting from March 2019 (If USCIS does not ask me for RFE by then)

Joint Tax form for 2018 (If USCIS does not ask me for RFE by then)

Proof of my wife visited me while living separately (Pictures, flight ticket)

Joint Bank/Credit statement while living separately

Letter of explanation for living separately

My employment offer letter clearly showing my starting date

Letter from my supervisor to prove that I am employed in different city ( Possibly proving that I drove back to CA twice during separation)

 

My question is that if USCIS would raise the red flag for my case.  Is there anyone who had the same experience as I am recently? Or any recommendations or suggestions I should do? 

 

I would appreciate your feedback. 

Share this post


Link to post
Share on other sites

I was in much worst situation than yours. My wife and I were not living in the same state.

I did not submit any pictures and I did not bother submitting any bank statements because only my wife was using the joint bank account. 

But my cover letter explained in detail our living condition and why we were both living in different states. 

So you can only submit what you have. And you can always go open a joint bank account with you spouse, in case they ask you for more evidence.

This is what I sent and still got approved without RFE nor being interviewed. 

+ A cover letter  explaining EXACTLY our living condition. I did not try to hide anything. 

+ A letter from my contract with my employer specifying that, I will be off work 1 week every month to go see my wife.

+ Bunch of notice of assignments in different states ( Arizona, Utah, Texas,Virginia etc...😓😓😓) I have been moving all over this country and still is. 

+ Joint Lease

+ BUNCH of plane tickets showing that I have been visiting my wife and vise versa

+ Joint Insurances (medical dental and vison) and medical bills showing we are both using the insurance.

+ Life insurance policy showing that my wife will be beneficiary if anything happens to me

+ Utility Bills

+ Tax (Filed as married but filed separately)

+Bunch of credit cards statements.

 

I hope this will help you 

Share this post


Link to post
Share on other sites
18 hours ago, khalifa said:

I was in much worst situation than yours. My wife and I were not living in the same state.

I did not submit any pictures and I did not bother submitting any bank statements because only my wife was using the joint bank account. 

But my cover letter explained in detail our living condition and why we were both living in different states. 

So you can only submit what you have. And you can always go open a joint bank account with you spouse, in case they ask you for more evidence.

This is what I sent and still got approved without RFE nor being interviewed. 

+ A cover letter  explaining EXACTLY our living condition. I did not try to hide anything. 

+ A letter from my contract with my employer specifying that, I will be off work 1 week every month to go see my wife.

+ Bunch of notice of assignments in different states ( Arizona, Utah, Texas,Virginia etc...😓😓😓) I have been moving all over this country and still is. 

+ Joint Lease

+ BUNCH of plane tickets showing that I have been visiting my wife and vise versa

+ Joint Insurances (medical dental and vison) and medical bills showing we are both using the insurance.

+ Life insurance policy showing that my wife will be beneficiary if anything happens to me

+ Utility Bills

+ Tax (Filed as married but filed separately)

+Bunch of credit cards statements.

 

I hope this will help you 

Hi, thanks for the feedback.

 

Did you sent these documents when you submit I-751? I was thinking if I should send the supportive documents with I-865 form as my wife and kid move to my place. Do you think it is necessary? 

Edited by SSKK

Share this post


Link to post
Share on other sites
3 hours ago, SSKK said:

Hi, thanks for the feedback.

 

Did you sent these documents when you submit I-751? I was thinking if I should send the supportive documents with I-865 form as my wife and kid move to my place. Do you think it is necessary? 

I-865 is a separate petition only for Sponsor's change of address, it has nothing to do with your I-751 ROC petition. No additional documentation is required with I-865.

Hold on to your additional supportive documents in case you get an RFE or interview for your I-751 petition.

Edited by H-M

AOS timeline:

12/21/2015: I-485 Received by USCIS

12/24/2015: I-485 NOA date

02/26/2016: Biometrics Appointment

04/04/2017: Interview @ Louisville Field Office

04/06/2017: I-485 Approved

04/12/2017: GC Received

 

ROC timeline:

01/06/2019: 90-day ROC filing window open

01/07/2019: Sent I-751 petition to USCIS Dallas Lockbox via USPS 2-day Priority Mail

01/09/2019: ROC package delivered by USPS to PO Box

01/14/2019: Received USCIS text message with receipt number starting with LIN-xxxxxxx

01/15/2019: Check cashed, Added receipt# to USCIS account (myaccount.uscis.dhs.gov), Current Status: "We received your case, You do not need to do anything at this time"

02/14/2019: Submitted e-request for non-delivery of receipt notice

Share this post


Link to post
Share on other sites
1 hour ago, H-M said:

I-865 is a separate petition only for Sponsor's change of address, it has nothing to do with your I-751 ROC petition. No additional documentation is required with I-865.

Hold on to your additional supportive documents in case you get an RFE or interview for your I-751 petition.

Thanks, 

 

That was actually the whole point that we, I assume so does everyone else, want to avoid the interview for I-751 at all cost since we had a horrible experience with USCIS interviewer back then. This is why I was wondering if I should send the supporting documents along with I-865 with the reasons (Letter of Explanation) why we were temporarily living separately to minimize the suspicion.  

 

But as you suggested, I would probably hold all the evidence until they ask me for RFE

 

I appreciate your feedback. 

Share this post


Link to post
Share on other sites
2 hours ago, SSKK said:

Thanks, 

 

That was actually the whole point that we, I assume so does everyone else, want to avoid the interview for I-751 at all cost since we had a horrible experience with USCIS interviewer back then. This is why I was wondering if I should send the supporting documents along with I-865 with the reasons (Letter of Explanation) why we were temporarily living separately to minimize the suspicion.  

 

But as you suggested, I would probably hold all the evidence until they ask me for RFE

 

I appreciate your feedback. 

I agree, wait until you receive some kind of a response. :) You will be fine!


AOS i-130, i-485 & i-765 in New York (Queens field office)

12/29/2014 - Priority Date; receipt number starting with MSC

1/2/2015 - Fingerprint fee accepted

1/26/2015 - Case suspended - RFE sent out

2/3/2015 - Fingerprint done at Jamaica Center, Queens

2/11/2015 - RFE received - Case resumed

3/2/2015 - EAD ordered

3/13/2015- EAD card mailed out -- received it 3 days later

7/8/2015 - AOS interview ready to be scheduled for an interview

9/27/2015 - AOS Interview scheduled for Nov 3

11/3/2015 - AOS interview

12/11/2015 - APPROVED!!!

ROC (Vermont Service Center)

10/3/2017 - Sent out ROC package to VSC

10/6/2017 - Date on NOA (Received NOA on 10/16/2017)

11/6/2017 - Biometrics done

8/15/2018 - Extension letter for 18 months received

12/28/2018 - APPROVED! 🤸‍♀️

1/7/2019 - GC delivered

N-400 (Queens field office)

1/22/2019 - N400 delivered to Dallas, TX.

1/25/2019 - Check cashed

2/12/2019 - Biometrics appt

Share this post


Link to post
Share on other sites
On 2/7/2019 at 6:45 PM, AlluringSoul said:

I agree, wait until you receive some kind of a response. :) You will be fine!

Thank you. I appreciate your feedback. 

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×