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Wiks

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    i751 RFE - List of Documents

    in Removing Conditions on Residency General Discussion

    Posted

    beloved_dingo thank you for your suggestions!

     

    Do you only have one lease to show since the date of marriage? For instance, we sent our lease from 2019, 2020, and 2021. If this is your first lease, where did you live before?

    - We had 2 leases since we got married, I sent the last on to the USCIS but it looks like it got lost...but we have both, USCIS should have the first one.

     

    Do they show the same address? 

    - Yes, IDs show the same address

     

    What do you mean by work insurance? Is this referring to having your spouse as an emergency contact or having your spouse on your work health insurance plan?

    - Correct, your spouse as an emergency contact 

     

    Does this show you were both receiving deliveries (both names on different orders)? If so, good.

    - We orders for our furniture, some home appliances, they're on my name 

     

     

    • documentation of any joint loans (such as a car loan)

    We don't have a car (living in a city)

    • car insurance showing both names

    We don't have a car (living in a city)

    • joint memberships (gym, costco)

    We don't have it

    • documentation of being an authorized user on spouse's credit card (easy to add if you haven't done this) 
    • any utility bills in both names or separate utility bills that go to same address (like if the water bill is in your name but power is in theirs)

    All the bills besides internet, are included in rent (USCIS can see that on the lease agreement)

    • power of attorney/living will 

    I'll explore that one, thanks!

    • If you have any pets, documentation from vet showing you are both "owners"

    No pets :(

     

    Lastly, why did you send only 7 months of bank statements? Do you both have a joint checking account? If so, send all bank statements from the date it become a joint account to the present date. If there was a large gap between date of marriage and date of being added to joint account, send a brief letter explaining why.

    - We have joint statements for almost 4 years, I sent last 7 statements not all of them because that's what the lawyer suggested.

     

     

    Some other ideas:

    - Holiday cards from friends and family

    - Letters from IRS that shows our names on the letter

     

    Thank you so much for helping me with this! 

    i751 RFE - List of Documents

    in Removing Conditions on Residency General Discussion

    Posted

    I received RFE letter today. I'm hoping you can help me with the list of documents that I should prepare. 

     

    Here's a list of documents that I'm planning to send: 

    - Lease for the apartment, email from landlords saying we're approved for the apartment  
    - IRS transcripts for year 2019, 2020, 2021 
    - IDs/driving licenses 
    - My 401k with her as a beneficiary
    - Work insurance with her name as emergency
    - Emails from her family (family events)
    - More photos with family + trips/flights
    - Amazon deliveries history with our address
    - Text screenshots

     

    Interesting is that the apartment lease was sent to USCIS, but they didn't list it in the mail...

     

    Here's part of the letter:

    rfe2.png

    I-751 / Divorce circus show

    in Removing Conditions on Residency General Discussion

    Posted

    4 minutes ago, mindthegap said:

    If that was not the case at the time of joint filing, then at interview if called, or when it is final.

    Anything else is a) not legally required, and b) playing with fire timeline wise. Trust me, you do not want to go through a denial and the hassles it causes. 

     

    If you you have a 100% definite window circa 90 or days before your divorce being made final then by all means write and inform them of the switch and await the RFE for it (which may come quickly, or slowly but you MUST respond to with the final divorce), but caveat emptor. 

    That makes sense to me. Notifying them when you start the divorce process means 95% denial considering you won't get final papers on time. 

    I-751 / Divorce circus show

    in Removing Conditions on Residency General Discussion

    Posted

    12 minutes ago, mindthegap said:

    If you have a pending USCIS petition and you are legally divorced, and you do not notify them, yes, it could cause problems.

    If you are still legally married, there is nothing to inform them of because if you do inform them and as per policy they issue an RFE within 90 days for a final divorce that you can't fulfill simply because you are still married, then you have caused yourself a denial for no reason, and an uphill battle, because once they see a previous denial, you are in for a boatload of fun. Fun being decidedly NOT fun obviously. 

    So when would you suggest to inform the USCIS that you're in the process of getting divorce?

     

    It's tricky because of the divorce backlog, you can simply not get the final divorce papers on time and get denial cause you won't be able to send the final divorce decree within 90 days. 

    A short rant

    in Removing Conditions on Residency General Discussion

    Posted

    15 minutes ago, yoda one for me said:

    Yep, but I can kind of see why. We have status, we're not in the same 'authorized stay' limbo anymore as AOS folks are.

     

    It seems like once people start putting in their citizenship applications things start moving, so I'm pretty much assuming that's going to be the case for most of us unless they really do, across each processing center, start approving without interviews at volume.

    Nope, keeping people stressed and not knowing what their future will look like is just bad. Then add all the divorce drama and you'll get the answer. 2-3 years processing time is just cruel. 

    i-751 waiver - required documents

    in Removing Conditions on Residency General Discussion

    Posted

    56 minutes ago, mindthegap said:

    No you won't. Who on earth told you that?

     

     

    Simply switch the existing filing to a waiver filing for the grand fee of $0.00 - it's established policy to be able to do so, and there are standard procedures to facilitate this. The evidence requirements remain the same, it just removes the joint requirement element and your former spouse from the petition

     

    Unless of course you like wasting time and money, in which case USCIS will willingly take your $680 for a pointless extra petition and mess you around for a few extra years. 

     

    I heard that there are two approaches - one is to switch to waiver, second is to file a new i751. I discussed that with few lawyers and some of them prefer to send new application as these are apparently more successful. 

    i-751 waiver - required documents

    in Removing Conditions on Residency General Discussion

    Posted

    I have i751 pending (we filed jointly in march 2021), but we're getting divorced in a month. I will have to file new i-751 waiver. Here's a list of documents that i have:

    - Joint lease + renewals 

    - Letter from a landlord confirming that we lived together 

    - IDs with the same address on it

    - Joint tax returns 

    - Joint tax return scripts

    - Joint bank statements

    - Investment statements with the same address on it

    - Photos with family and friends, from traveling, and holidays

    - Affidavits from my spouse, her mother, and few friends

    - Flight tickets

    - Holiday Invitations from her family members (emails)

     

    As I can still try to get more evidence, is there anything else that I should try to get? Thank you for help in advance!

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