davieinverness
-
Posts
9 -
Joined
-
Last visited
Content Type
Profiles
Forums
Partners
Immigration Wiki
Guides
Immigration Forms
Times
Gallery
Store
Blogs
Posts posted by davieinverness
-
-
Hi all,
I am preparing to put my evidence together for my ROC I-751 with a divorce waiver based on us being in a bonafide marriage which has dissolved since the getting my conditional green card.
The primary evidence we have proving the bonafide nature of our relationship isn't very abundant. We have:
Joint Federal / State Tax transcripts
Proof of joint credit card use
Joint cell phone bills
Life insurance policy showing spouse as beneficiary
401(K) account information showing spouse as beneficiaryGiven the lack of primary evidence I also want to include detailed supporting affidavits. I will be getting the following affidavits:
-My ex-wife, Sophie, explaining the circumstances of us meeting, becoming engaged, getting married and splitting up
-My ex-wife's mother, explaining the circumstances of the relationship between me and Sophie and it's bonafide nature
-My ex-wife's mother, explaining we were living in a property she owns, pays the mortgage for and where the utilities are in her name, which explains why me and Sophie have no joint tenancy/lease agreement
-My ex-wife's best friend, Agnes, explaining the circumstances of the relationship between me and Sophie and it's bonafide nature
-A very good friend of mine, Dominic, explaining the circumstances of the relationship between me and Sophie and it's bonafide nature, who came with me on a trip to New York to visit and stayed with Sophie and myself before I moved here
-Another very good friend of mine, Sean, explaining the circumstances of the relationship between me and Sophie and it's bonafide nature, who came visit us in 2015
-My brother, who came to visit us in New York City in 2014
-My mother, who travelled to New York City to attend our wedding in 2014
-My father, who travelled to New York City to attend our wedding in 2014
All of these people were present throughout the span of our relationship and know it was bonafide. What I want to know is what should they write in their affidavits to show that they know our relationship was bonafide?
Obviously this is quite stressful and sad for me to compile, so any help that can be provided is hugely appreciated, whether it is related to this specific topic or not!
-
-
Thanks again! The kindness of strangers is encouraging.
So from your second link I see the following:
"Currently, a conditional resident who files a Form I-751 receives a Form I-797, Notice of Action, extending his or her status as a conditional resident for a 1-year period. This Form I-797 also advises the conditional resident that travel and employment are authorized for that 1-year period. Thus, conditional residents with expired Forms I-551, Permanent Resident Cards, may present their expired Form I-551 and their Form I-797 as evidence of their status in the United States. There is no guidance concerning what documentation may be given to a conditional resident who has received this 1-year extension, but whose Form I-751 has not yet been adjudicated."
So If I am reading this correctly it means that if I apply for ROC in March, for example, under my circumstances I will then receive Form I-797 and use that in conjunction with my expired Green Card to stay in work and travel for 1-year from the expiration of my Green Card, before either my ROC is approved or I am put into removal proceedings?
-
Once you file the I-751 ROC, you will get an I-751 receipt notice in the mail stating that your "conditional resident status is extended for one year"
=> allows you to prove your Green Card status, to immigration, employers, and allows you to travel whilst your I-751 ROC application is being processed.
Thank you! Does it say this somewhere on the USCIS website or in their paperwork that I can reference? The more information I have to read on this, the better I will feel...
-
Thanks for the info, ladies and gentleman! Much appreciated. If I do apply for ROC, after my current GC expires I understand it might be a long time before I get ROC approved, if in fact it is approved at all. Under what circumstances can I work and travel during that time? If it takes over a year, does that mean I won't be able to travel for over a year? And what document would I have for work authorization?
Again, all advice is appreciated. Feeling pretty low about all of this. Knowing there is a chance means a lot.
-
No apartment lease or similar to show that both of you were living together before the marriage breakdown?
Remember that the evidence have to span of the entire marriage.
So include more monthly bank / credit cards / bills statements in the I-751 package.
Some people also include a brief summary of why the marriage did not work out in the cover page.
Once your divorce is finalized with the official divorce decree, you can file I-751 immediately without waiting till
90 days before the green card expiration date (May 2017).
I have plenty of stuff in that has our shared address from when we lived together, but no lease or anything like that. Will that be a problem?
-
Many people have successfully ROC with divorce waiver.
You have to show evidence of bona fide marriage, so start collecting documents needed for ROC I-751 form.
BONAFIDE EVIDENCE Example list for ROC
1. Evidence of Joint Ownership of Assets and Shared Financial Responsibility
Joint Federal / State Tax transcripts
Joint bank account statements
Proof of joint credit card use
Mortgage loan contract or lease contract with both partners names in it
Power of Attorney
Wills
Utility / Cable TV / Cell phone / Pets visit / Membership / Joint purchase bills
Life insurance policy showing spouse as beneficiary
Health insurance / Dental / Medical Bills
Car insurance
401(K) account information showing spouse as beneficiary
2. Photographic Evidence
Photos of you two together
Photos of you two with family (such as wedding, parties, kids graduation, etc.)
Photos of you two in various locations and times
3. Other Evidence in Support of Bona Fide Marriage
Birth certificates of any children born to you together
Sworn affidavits of friends and/or family
Letters/cards from friends and/or family
Vacation / honeymoon photos / Boarding Passes showing both of you travelling together
Hotel receipts with both your names
Other Misc receipts with both partners names in shipping/billing address
Joint Fishing or Hunting license
List spouse as each other emergency contact from employers
I have posted what I can provide of this information below:
1. Evidence of Joint Ownership of Assets and Shared Financial Responsibility
Joint Federal / State Tax transcripts
Proof of joint credit card use
Utility / Cable TV / Cell phone / Pets visit / Membership / Joint purchase bills
Life insurance policy showing spouse as beneficiary
401(K) account information showing spouse as beneficiary
2. Photographic Evidence
Photos of you two together
Photos of you two with family (such as wedding, parties, kids graduation, etc.)
Photos of you two in various locations and times
3. Other Evidence in Support of Bona Fide Marriage
Sworn affidavits of friends and/or family
Letters/cards from friends and/or family
Vacation / honeymoon photos / Boarding Passes showing both of you travelling together
Hotel receipts with both your names
Other Misc receipts with both partners names in shipping/billing address
List spouse as each other emergency contact from employers
Will this be enough?
-
Hi all,
Long time reader, first time poster here.
I am in severe need of guidance.
I'll try to keep my sob story brief. My wife is a US citizen. I am British. We met in London in 2010 when we were both at university. We fell for each other, but were only together for a year before my wife had to return to the US. She wasn't a US citizen at that time, only a permanent resident with a GC. She had to return to get her citizenship which took two years. During those two years I lived, worked and saved in London while she did the same in NYC until she got her citizenship, I got a K-1 visa and moved here in March 2014. We were married in April 2014, I received my EAD card some months after and finally got my Green Card in May 2015, which expires in May 2017.
Things were good for a while, but it began to become clear that during our time apart we had both changed, by this time she didn't want children and I did, she was 100% career driven and I wasn't. What once held us together wasn't there anymore. We didn't see it until we lived together, despite my frequent visits to the US. Tensions rose and eventually she told me that she didn't love me anymore and wanted a relationship with someone she met at work. This was crushing.
I won't go into details but obviously this was very painful. I moved out a year ago, but some how managed to keep it amicable with her. We are on decent terms right now.
I have started a new life for myself in the US, I like my job, love my friends and want to continue living here. Therefore I want to explore the option of staying, having entered a marriage in good faith.
On the USCIS website it says that you can still obtain a 10 year green card and remove conditions even if you get divorced if you:
1) entered the marriage in good faith
2) were abused by your spouse
3) can prove that returning to home country will cause extreme hardship
#2 and #3 are not applicable to me, but #1 definitely is. We genuinely loved each other and worked very hard to be together.
My question is, what are my chances of being granted a 10-year green card if we get divorced before I apply for ROC? And what do I need to do/provide for it to be excepted?
Any help would be greatly appreciated by this forlorn soul!
Traveling before ROC
in Removing Conditions on Residency General Discussion
Posted · Edited by davieinverness
Hi all,
I will be filing for ROC in February 2017. My 2-year Green Card expires on April 25. I need to travel to Japan for the first two weeks of April. If I don't have the filing notice by the time I have to go on my trip, will I have trouble getting back in to the US using my Green Card that only has a few weeks left on it?