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What else can I bring with me to my N-400 / I-751 Interview on 08/24/2023?

By AnotherLove in Removing Conditions on Residency General Discussion

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AnotherLove Contributor

AnotherLove   34

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Good morning everybody,

my old username is making troubles so I opened a new user name. Anyhow. This is my situation:

 

Married: 07/2018

I-130 filed: 11/2019

CR1 approved: 04/2020

Moved to US: 04/2020

ROC: 02/17/2022 (received receipt nr. MSC a few days later)

Biometrics: 03/29/2022 / still pending

N-400: 05/09/2023; no biometrics needed

N-400 withdrawal: 06/14/2023 

N-400 Interview scheduled per notice from 07/11/2023: 08/24/2023

 

Most likely it will be a combo interview. I'm not eligible for N-400 anymore since I applied under 3 year rule in May 2023 and my husband moved out in June 2023 (no divorce proceedings, no legal separation). Anyhow, I was told by EMMA that my I-751 was transferred on 07/21/2023 to my local field office - so I do believe my I-751 will be adjudicated that day.

 

This is what I have sent to USCIS for evidence of our good faith marriage in my ROC in 2022:

 

joint lease germany 2018 - 2020

joint lease USA 2021-2021 & 2021-2022

joint taxes germany 2018, 2019 & 2020

joint taxes USA 2020 (i was not able to include 2021 since we hadn't filed it yet at the time of sending ROC). 

joint checking account information (this checking account is where my salary gets paid and I pay little stuff in our household such as: groceries, etc.. my husband makes way more money then I do and he never wanted me to spend my little salary on bills)

joint safety box information at our bank

shared credit card information

Joint Health insurance information 2020 & 2021

Joint Edward Jones Life Insurance

joint german live insurances 2019-2022

joint car insurance

joint phone account information (bill is on my husban'ds name; but I'm listed as an account manager so i did include that)

Adoption paperwork for our rescue dog under both of our names

Cargo Shipping for our dog from germany to USA in 2020 where I'm listed as "pick up person"

Joint Sam's Club membership

Vet Bills under our names

Affidavits from my MIL, FIL and 2 close US friends

AirBnB Receipt from our little vacay in 2020

Wedding Pictures & Cards send to us by family

 

 

Here is what I would bring with me to my upcoming interview:

 

my attorney

my USC husband

Joint Taxes USA 2021 & 2022

Joint Lease 2022-2023

Joint german live insurance 2022 & 2023

Joint Car Insurance 2022 & 2023

and then I printed out more bills for our phones; me being on there as account manager

Joint Health Insurance information 2022 & 2023

my military employment paperwork showing him as a dependent and emergency contact

Tenant Verification/Confirmation letters from our landlords we had so far

print out from our checking account with both of our names

print out from our savings account (but there is not much money on there but you can see the transactions)

more affidavits from family members USA and friends from me in germany who attended our wedding

affidavit from my husband 

our receipts for our wedding in germany 

my husband converted to my religion out off love and I have the certificate (but it's not translated - yet - should I?)

flight information about trips we took in 2018 & 2019

new pictures from 2020 - 2023

 

 

my husband has a checking account, but I never wanted to be on that one, since he does his self employment things on there, so he would always pay rent and power and internet through that account. Our power bills are all under his name. Which is concerning me a little bit.

 

please note: all of our documents from germany were translated by a certified translator into english

 

At this point - my I-751 is my priority.

 

My question is, 

what do you all think about the things I would bring to the interview?

 

I appreciate all the help. Thank you in advance.

 

 

 

 

 

Edited by zeroshucksgiven

When tomorrow starts without me..

please try to understand, That an Angel came and called

my name, and took me by the hand; The angel said my

place was ready, In Heaven far above, And that I'd have

to leave behind all those I dearly love. But when I walked 

through Heaven's Gates, I felt so much at home, for God

looked down, smiled at me, And told me "Welcome Home."

So when tomorrow starts without me, 

Don't think we're far apart, for every time you think of me,

I'm right there in your heart.

AnotherLove Contributor

AnotherLove   34

Posted
Timeline
  • Author
Posted
9 minutes ago, Pinkrlion said:

You will have to report at RoC interview that you no longer live together regardless of if he is there. 

 

yes, absolutely. 

When tomorrow starts without me..

please try to understand, That an Angel came and called

my name, and took me by the hand; The angel said my

place was ready, In Heaven far above, And that I'd have

to leave behind all those I dearly love. But when I walked 

through Heaven's Gates, I felt so much at home, for God

looked down, smiled at me, And told me "Welcome Home."

So when tomorrow starts without me, 

Don't think we're far apart, for every time you think of me,

I'm right there in your heart.

OldUser Veteran

OldUser   6,860

Posted
Timeline
Posted

You have good evidence, however your husband moving out before I-751 approval and no official divorce will make this:

1 hour ago, zeroshucksgiven said:

Anyhow, I was told by EMMA that my I-751 was transferred on 07/21/2023 to my local field office - so I do believe my I-751 will be adjudicated that day.

very improbable. Most likely, decision won't be made. The IO will likely advise converting petition to divorce waiver and issue you RFE to provide divorce decree. You probably need to withdraw your N-400.

 

Have you consulted an immigration attorney and family attorney? Your situation is not end of the world, but you do need to have a solid plan to make it work. Sometimes that involves postponing interview, filing for divorce etc.

Dashinka Grand Master

Dashinka   24,591

Posted
Filed: Citizen (apr) Country: Russia
 Timeline
Posted

This will be the wrench.  More than likely the IO will not be able to approve the I751 with the given information.  I would say your documentation looks fine, but with the separation and who knows what in the future, it will cause issues.  What has your attorney suggested as to how to proceed?

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

AnotherLove Contributor

AnotherLove   34

Posted
Timeline
  • Author
Posted
3 minutes ago, OldUser said:

You have good evidence, however your husband moving out before I-751 approval and no official divorce will make this:

very improbable. Most likely, decision won't be made. The IO will likely advise converting petition to divorce waiver and issue you RFE to provide divorce decree. You probably need to withdraw your N-400.

 

Have you consulted an immigration attorney and family attorney? Your situation is not end of the world, but you do need to have a solid plan to make it work. Sometimes that involves postponing interview, filing for divorce etc.

 

a divorce is not in the picture and either way, i live in virginia and i can not file for divorce - and i won't - only in one year after living separate for one year.

 

I spoke to an immigration lawyer, she said I shouldn't have issues for my I-751. our intention is not to file for divorce, we are taking some time apart so things can cool off, we are both in therapy, hoping for reconciliation.

 

 

When tomorrow starts without me..

please try to understand, That an Angel came and called

my name, and took me by the hand; The angel said my

place was ready, In Heaven far above, And that I'd have

to leave behind all those I dearly love. But when I walked 

through Heaven's Gates, I felt so much at home, for God

looked down, smiled at me, And told me "Welcome Home."

So when tomorrow starts without me, 

Don't think we're far apart, for every time you think of me,

I'm right there in your heart.

AnotherLove Contributor

AnotherLove   34

Posted
Timeline
  • Author
Posted
3 minutes ago, Dashinka said:

This will be the wrench.  More than likely the IO will not be able to approve the I751 with the given information.  I would say your documentation looks fine, but with the separation and who knows what in the future, it will cause issues.  What has your attorney suggested as to how to proceed?

 

my attorney, who is local, and in that local field office all the time, stated that a separation does not mess with my I-751, she also said that I might have good chances on N-400, since we lived together when I filed for N-400. ( i know what the law says, living together up until oath ceremony, so i don't have my hopes up, i did withdraw my N-400 per letter, but I was scheduled for an interview anyways ) 

 

I was simply asking how my documentation looks like. 

When tomorrow starts without me..

please try to understand, That an Angel came and called

my name, and took me by the hand; The angel said my

place was ready, In Heaven far above, And that I'd have

to leave behind all those I dearly love. But when I walked 

through Heaven's Gates, I felt so much at home, for God

looked down, smiled at me, And told me "Welcome Home."

So when tomorrow starts without me, 

Don't think we're far apart, for every time you think of me,

I'm right there in your heart.

AnotherLove Contributor

AnotherLove   34

Posted
Timeline
  • Author
Posted
9 minutes ago, OldUser said:

 

very improbable. 

 

 

you don't think that my I-751 was "really" transferred?

When tomorrow starts without me..

please try to understand, That an Angel came and called

my name, and took me by the hand; The angel said my

place was ready, In Heaven far above, And that I'd have

to leave behind all those I dearly love. But when I walked 

through Heaven's Gates, I felt so much at home, for God

looked down, smiled at me, And told me "Welcome Home."

So when tomorrow starts without me, 

Don't think we're far apart, for every time you think of me,

I'm right there in your heart.

AnotherLove Contributor

AnotherLove   34

Posted
Timeline
  • Author
Posted

Again - we can not file for divorce in Virginia - have to live separate for one year and I will not get "pushed" into divorce. 

When tomorrow starts without me..

please try to understand, That an Angel came and called

my name, and took me by the hand; The angel said my

place was ready, In Heaven far above, And that I'd have

to leave behind all those I dearly love. But when I walked 

through Heaven's Gates, I felt so much at home, for God

looked down, smiled at me, And told me "Welcome Home."

So when tomorrow starts without me, 

Don't think we're far apart, for every time you think of me,

I'm right there in your heart.

OldUser Veteran

OldUser   6,860

Posted
Timeline
Posted
4 minutes ago, zeroshucksgiven said:

I spoke to an immigration lawyer, she said I shouldn't have issues for my I-751. our intention is not to file for divorce, we are taking some time apart so things can cool off, we are both in therapy, hoping for reconciliation.

 

 

Did you get this in writing from the attorney? Or just verbally? That's usually not the case. You either need to be married living together OR be divorced to get I-751 approved. There's no in between state that will get you easily approved. Occasionally some with exceptional circumstances get approved, when separation is involuntary. Is your attorney coming to the interview with you?

Dashinka Grand Master

Dashinka   24,591

Posted
Filed: Citizen (apr) Country: Russia
 Timeline
Posted
4 minutes ago, zeroshucksgiven said:

 

my attorney, who is local, and in that local field office all the time, stated that a separation does not mess with my I-751, she also said that I might have good chances on N-400, since we lived together when I filed for N-400. ( i know what the law says, living together up until oath ceremony, so i don't have my hopes up, i did withdraw my N-400 per letter, but I was scheduled for an interview anyways ) 

 

I was simply asking how my documentation looks like. 

I certainly have sympathy for your situation.  The question will be is how will the IO react when you tell them that you are now separated.  Let us know how it goes.

 

Good Luck!

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

AnotherLove Contributor

AnotherLove   34

Posted
Timeline
  • Author
Posted
Just now, OldUser said:

You either need to be married living together OR be divorced to get I-751 approved.

 

this is not accurate & i already stated in my original post: what I will bring with me: my attorney.

When tomorrow starts without me..

please try to understand, That an Angel came and called

my name, and took me by the hand; The angel said my

place was ready, In Heaven far above, And that I'd have

to leave behind all those I dearly love. But when I walked 

through Heaven's Gates, I felt so much at home, for God

looked down, smiled at me, And told me "Welcome Home."

So when tomorrow starts without me, 

Don't think we're far apart, for every time you think of me,

I'm right there in your heart.

AnotherLove Contributor

AnotherLove   34

Posted
Timeline
  • Author
Posted
1 minute ago, OldUser said:

No, see above. Usually, a decision cannot be made if you're in "in between" state, e.g. neither divorced nor living together.

 

what makes you think that I-751 was not transferred? EMMA not accurate?

When tomorrow starts without me..

please try to understand, That an Angel came and called

my name, and took me by the hand; The angel said my

place was ready, In Heaven far above, And that I'd have

to leave behind all those I dearly love. But when I walked 

through Heaven's Gates, I felt so much at home, for God

looked down, smiled at me, And told me "Welcome Home."

So when tomorrow starts without me, 

Don't think we're far apart, for every time you think of me,

I'm right there in your heart.

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

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