jessielinder

just as an update: my i751 has been approved without RFE or Interview. it took about 175 days.

if you already filed and you filed jointly I think there is no problem to get divorced. just have to wait for your approval.

Thanks for your reply. But what if I receive interview notice ? Don't I have to refile with waiver after the divorce is finalized ?

hi, I am hoping someone with experience can give me some advice.

We jointly filed I751 in early Dec 2012,and my case is pending. However, my husband and I are going thru difficult time and I have decided to get a divorce. What should I do now ? We filed jointly last year, but the case is still pending.

Thanks

For all those interested, here's a quick timeline;

USCIS interview - 01/24/13.

Received an e-mail on 02/04/2013 at 0915ET stated that production of my new card had been ordered.

Received an e-mail on 02/04/2013 at 2030ET stated that production of my new card had been ordered.

Received an e-mail on 02/06/2013 at 0600ET stating my new card had been mailed to me.

Received an e-mail on 02/06/2013 at 1730ET giving me the tracking number for my new card of 'DCN' - clearly it didn't work.

Received my green card in the mail.

Received an e-mail on 02/06/2013 at 2030ET stating that my card had been delivered to my address.

Hi how long did your ROC (Waiver) take ?

Very good. You should gather a sampling of those statements from the past 2 years, as well (in case they ask for additional evidence.)

Thank you very much. We already contacted the credit card company to send all of 2011's statements.

The balance on your bank account could potentially matter, if it seems that the account has only had a minimum amount in it and was essentially inactive after being established. Did you submit statements from each year since 2010, or just your most recent ? They want to see regular activity. You don't have to submit every single monthly statement - you can just pick out a few from each year during the entire period since 2010 to show that it's been used regularly.

You mentioned in sending joint credit card statements, but I noticed you said they were all from 2012. They want to see consistent activity from 2010 until the present. Can you pull some statements from the earlier years ?

You will probably get an RFE for the missing tax returns. You can request your tax statements from the IRS now, so they'll be ready to send in if/when the RFE arrives. And I think it's very possible that you will be asked to provide additional evidence. You can start asking family and friends now to prepare their affidavits (although they should not finalize, sign and date them until later, upon receipt of the RFE.)

Having different addresses on documents like your driver's licenses, etc. could be a big issue. Do you have any Christmas cards or other holiday or anniversary cards (including the envelopes they were sent in) addressed to both of you at the same address ? Or wedding invitations, etc. ? Those could help, too.

Another thing that caught my eye is: your insurance and 401K evidence is all from your side. Is there anything from his side that shows you carried on his insurance, or as the beneficiary on his 401K, IRAs, etc. ?

Thank you very much.

We do have joint credit card statements for both 2011 & 2012. He added me to his car insurance, starting from Feb 2011.

I am not an USCIS but just by reading what you have I would have some suspicions. It seems like you guys have nothing together in 2011. If I were USCIS I would ask these questions

1) Since when did you have insurance together?

2) Since when did you guys open the saving accounts? and show me the transactions. Not saying you are fraud but fraud couples tend to open accounts together with little or zero activities.

3) Why only 3 pictures since 2011? (no vacation?). If you guys vacation together you need to provide proofs

4) Since when your husband was listed as beneficiary

5) What about joint credit card statements in 2011? (This can be obtained easily by calling the credit card company)

6) If you guys were living with his parents in 2011 then ask them to write affidavit letter to confirm that or provide evidences you both were living together in 2011 at his parents' house.

Thank you. Our health insurance started in Jan 2012 ( when I started in my current company), I listed my husband as beneficiary as all the benefit my employer provided, since Jan 2012. Our joint saving account started a month after our marriage ( June 2010 ), I heard from many people that balance did not matter. My husband hates taking pictures, and we did not take any vacation together. I traveled twice during our marriage, both for abroad to visit families. We have several joint credit cards, the oldest one started in Jan 2010.

:thumbs:Its something, why not just file married, sounds like their are issues here, we will see..

We did file as married, but separately. And I did not submit tax returns in my I751 package. Hope it won't be a problem.

Before meeting the marriage counselor, you should not say your relationship with your husband is failed. Occasional arguments should be avoided and solutions should be sought if there is problem or misunderstanding. Just forget pride, lower the voice, value the partner thinking the good times spending together. Don't jump in judging your relationship when you are angry. But under count thirty seconds and then tell what is truly in your mind.

Before meeting the marriage counselor, you should not say your relationship with your husband is failed. Occasional arguments should be avoided and solutions should be sought if there is problem or misunderstanding. Just forget pride, lower the voice, value the partner thinking the good times spending together. Don't jump in judging your relationship when you are angry. But under count thirty seconds and then tell what is truly in your mind.

Thank you. I was a little paranoid.

In an earlier post, you said you have already submitted documents and evidence about ROC without mentioning your waiver, and now in this post, why do you claim that you have relationship failure stress here? From the earlier post of yours, no one can guess that your husband and you are having a relationship failure issue.

We are starting marriage counselor next week. :-(

I also am worried about this process when you get divorced for any reason. Not because i am afraid that my marriage wasnt true because in my heart i know i loved and still love my wife, or ex wife i should say. but the fact that here its what you can prove what matters.

I know what you mean. That is why I am going thru the double stress: relationship failure stree + gc status stress.

Take a look at this list (I-751 Waiver Filers Timeline thread). Not every waiver case is interviewed...

Thank you.

Seems like approval rates are quite high?

But you'll get interviewed for SURE.

But does it lower the chance of approval? I am really worried.

I would suggest seeing a tax pro NOW about getting your taxes re-assessed. I would bet that if you were unemployed for that time period that and your husband would actually get a much better refund.

For ROC purposes though it should have the same address on your returns, that's proof you live together.

What about state ID or drivers licenses showing the same address?

With joint accounts etc that you haven't saved, consider contacted the agencies where you're missing documents from and asking them to send them to you.

I also sent FB print-outs of photos with people comments (showing friends know we're together etc).

Have you been to the doctor or dentist? If so you might have a bill like mine that lists my husband as the "insured" and myself as the patient so that shows me using the insurance. If you don't have a copy but you did use the services, contact your insurer. The document is usually called "Explanation of benefits" so ask them about those.

If you get an RFE consider asking friends/family members to write some affidavits. Talk to them now about it so that when you ask they can do it quick.

What you have looks good but you've mentioned a lot of your stuff is new so try and get some more stuff from your marriage and onwards. Also keep collecting stuff in case you want to file citizenship in a year

Thank you. I did submit joint bank account statement, joint credit card statement, health and dental insurance with both of us covered, life insurance designating my husband as beneficiary, 401K.

I think you are kinda obsessing now There is nothing "wrong" with filing married/separate - that's not what I said. It makes sense for some people. However, filing married/jointly can show more "mingling of finances." But there are also alternate ways to show mingling of finances. It's all about the total picture - and a joint tax return is a good piece of evidence. That doesn't mean there aren't any alternate good pieces of evidence.

Definitely the tax forms should be filed as "married" if you're married - no matter if you decide to file separately or jointly. That's the law. And definitely, married-but-separate tax forms should show the same address (at least for this specific issue of adjusting status which we are discussing in this thread.)

This brings up another concern for me:

Our address are different on our tax forms, his address has always been his parents' house and the only official address of my husband. I lived there with my husband and his family for a while back in 2011, and I have some documents showing his parents' address too.

But, ever since we moved out, he did not really change his address to our apt. because we still go to his parents 3 to 4 times.

Does filing i 751 with waiver reduce the chance of getting approved ?

It can make sense in some cases.

She should still submit the tax forms even if they filed as married/separate.

Thank you. But, what I submitted are already submitted.

Can i submit additional documents now or wait until they ask for more evidence or call for interview?

Well... I guess you could ask his parents to write affidavits to cover the period in 2010 that you lived with them - they can attest that you are indeed a genuine couple, etc. etc.

Hmm if one spouse is employed and the other is not or makes far less money, usually filing jointly will cut your tax bill (there are exceptions, of course.) But if you filed taxes as married but separate, go ahead and submit those tax forms as well; at least your name will be on the form. If you didn't file as married.... could be a problem.

Thank you, I was so new to this tax filing process. I am definitely going thru this process with a professional this year.

I have already submitted all the documents I listed in December, and had my biometric done last week.

Just waiting for USCIS's decision or interview notice, and losing sleep and appetite over this.

I will ask my mother in law to write an affidavit if we are called for an interview and bring it.

Thank you again.

OK you have some good evidence covering 2011. Do any of your photos show you and your husband (maybe along with his parents) during the time in 2010 when you were living at their house ? It could help cover that period. You could also get them to write an affidavit and submit that.

It's normal to worry, but you have some good stuff to show so far.

What about the taxes ? Is there a reason you didn't file jointly ? They really like to see "mingling of finances" and joint tax returns are the strongest evidence of that.

Thank you for assuring i "have good stuff".

Reasons for not filing tax jointly: I was unemployed quite some time in 2010 & 2011, and it seems like filing jointly did not make a difference. Pictures? He hates taking pictures.

I had typed out a detailed reply, only to have it lost down the memory hole when the thread was moved. I really hate that

Not filing taxes together may indeed be something they look at very suspiciously. It's usually advised to file jointly. Why did you file separately ?

Also, you mention some evidence from Sept. 2012. Does any of your evidence cover the period between 2010 and 2012 (especially bank account/credit card accounts) ? You will need to show evidence of your couple-ness during that period, otherwise it might possibly look to the consulate like you only started residing together and mingling finances shortly before ROC.

Only 3 pics of you together in 2 years ? Get more.

I would not bother submitting the junk mail as evidence - the bills are much stronger (even if in separate names - as long as they show the same address during the same period, they are good.)

Thank you for your detailed reply.

I did not submit much document prior to Sept 2011. However, I have the following documents if called for interview or RFE: joint bank statement from 06/2011 thru 12/2012. Joint car insurance policy 02/2011 - 08/2011. My cell phone bills 03/2011, 04/2011, 05/2011, 10/2011 showing common address.

When we filed for CGC two years ago, we were living at his parents' house. We moved to current apt in Sept 2011. Therefore, all documents from 2011 show his parents' house's address.

I hope these are not problem.

Am I over-worrying myself?

Well it seems you can prove you were together in 2012, you need things from your whole relationship post greencard.

Thank you. That was one of my concerns too. We did not keep much documents from 2011. do you think INS will request additional evidence from 2011?

I have our joint car insurance policy ( Feb - Aug 2011 ), and some phone bills that show common address ( his parents' house, also his driver's licence) from 2011.

Hi all, I need some opinions on how strong my I 751 evidences and what is the chance of getting called for an interview and/or approved.

I entered US on student visa July 2007

Met my husband Feb 2008

Married in May 2010

Conditional Green Card approved in Feb 2011.

I have submitted the following documents:

1. Joint apt lease, with both our names. ( Lease term starting from Sept 2012 )

2. Health Insurance, with both our names

3. Dental Insurance, with both our names

4. Joint saving bank account statement

5. Internet bill with his name, Gas bill with my name, both showing common address

6. 3 pictures taken together. ( he is camera shy, and does not like taking pictures)

7. My 401K plan, showing my husband as beneficiary

8. Joint credit cards, a few statements from 2012.

9. 2 - 3 junk mails, showing common address

10.My life insurance, my husband as beneficiary

We did not file tax together, and it seems like most couples send their jointly filed tax return. I am losing sleep over this, so worried of being denied.

Can anyone give me your opinions on how strong/weak my evidences are ? what is the chance of getting called for interview? and what is the chance of getting approved/denied ?

Thank you in advance.

Jessielinder