Questions about filing for my ROC.

[amberlm 2]

Hello all! I have a few questions as I will be filing for a Removal of Conditions (I-751) for my expiration on February 14th, 2013. I'll need to file 90 days before that due date, so just after the 17th of November will be safe.

My questions are, that for proof that my husband and I married in good faith, there are some things that I am unsure of that will work or not.

First of all, We sent a change of address to the USCIS (non register mail) within a week of moving into our home that was purchased at the beginning of September, 2011. I'm unsure if it ever reached the USCIS, and do you think they would be upset if I resent it Registered mail, writing a page in the front saying we are re-confirming the change of address that we mailed in September (Mine as the Cond. Resident, I was able to do online, but my husband the US Citizen, had to mail it in.) I'm just worried for when I start writing out the form and put both of our addresses on it for this home, it may not be recognized.

Second question, my father-in-law is an accountant, and has been doing my husbands families taxes since he became one thirty years ago. I recently saw that our tax return cheques were being sent to our old address at an apartment, and not to our home. Once I saw this though, the IRS was instantly notified of our real and new address. (Yes, I am thinking my Father in law, since he used imported information, our old address was still used unless there was a mix up.) I am worried that our 2011 Tax Transcript wont have our HOME address, and the accidental Apartment address still. Will this be a problem?

Third question, is that my name was never put on the deed to the home that we purchased. We were told multiple times that I wasn't able to get my name on the mortgage (which was fine since I had no credit, and it would have to be under his name) But I still wasn't able to get it on the deed? I may have to quadriple check, but my name not being on the deed may be a HUGE red flag and a chance for an RFE. My name is jointed with our medical, dental and auto insurance, but not the deed of the house. I am also jointed in our bank account, my name and his name on the cheques too.

Fourth question, my name for my A-Card and SSN was never made my Married name, and it carries my Maiden name. For the form in part 1, am I able to write it as my MARRIED name, even though my married name isn't used on my A-Card or my SSN? And under part 3, for additional names, can I put my Maiden Name as another name? Do you think if I requested my unconditional card to be in my married name it would work? Or will I have to pay money to have everything changed into my married name once it's completed?

My final and LAST question (I'm sorry I have so many!) I am pregnant! I am due December 8th, but I can file earlier in November. I don't know how long it takes to receive a birth certificate for the child, and wondering if it would be worth cutting it SO close to the Expiration date to wait for it. I know it would be a very good document to consummate the marriage, but I am also worried about my last name being changed, and being able to travel with my child if the birth certificate says My name with my maiden name, and then my husband with his last name on it. Then I could never use it as ME being the mother, because I wouldn't have ID for proof being the mother with my maiden name anymore if it get's changed into my married one (woo, I hope that makes sense!) If anything, can my name be changed in a few years when I apply for citizenship? Name finally changed to my married name for my Citizenship AND for my SSN? I'm entirely unsure.

In fact, I am entirely unsure about any and all of what I've written. Please let me know if you need more information from me, I would be happy to give it! I'm not a new member here, I don't have the e-mail anymore that I used with my old account, and the password has been long forgotten. This community helped me get where I am today, and I am so grateful! I apologize for making a new topic, I was unsure if I was to or not. I appreciate any help that can be given!

[amberlm 2]

Adding on, I read somewhere you get a confirmation as the beneficiary if you change your address, but I changed mine online and never received one. Is there only a confirmation if you mail it? Thanks again!

[Dave&Roza 748]

Hello all! I have a few questions as I will be filing for a Removal of Conditions (I-751) for my expiration on February 14th, 2013. I'll need to file 90 days before that due date, so just after the 17th of November will be safe.

My questions are, that for proof that my husband and I married in good faith, there are some things that I am unsure of that will work or not.

First of all, We sent a change of address to the USCIS (non register mail) within a week of moving into our home that was purchased at the beginning of September, 2011. I'm unsure if it ever reached the USCIS, and do you think they would be upset if I resent it Registered mail, writing a page in the front saying we are re-confirming the change of address that we mailed in September (Mine as the Cond. Resident, I was able to do online, but my husband the US Citizen, had to mail it in.) I'm just worried for when I start writing out the form and put both of our addresses on it for this home, it may not be recognized.

Second question, my father-in-law is an accountant, and has been doing my husbands families taxes since he became one thirty years ago. I recently saw that our tax return cheques were being sent to our old address at an apartment, and not to our home. Once I saw this though, the IRS was instantly notified of our real and new address. (Yes, I am thinking my Father in law, since he used imported information, our old address was still used unless there was a mix up.) I am worried that our 2011 Tax Transcript wont have our HOME address, and the accidental Apartment address still. Will this be a problem?

Third question, is that my name was never put on the deed to the home that we purchased. We were told multiple times that I wasn't able to get my name on the mortgage (which was fine since I had no credit, and it would have to be under his name) But I still wasn't able to get it on the deed? I may have to quadriple check, but my name not being on the deed may be a HUGE red flag and a chance for an RFE. My name is jointed with our medical, dental and auto insurance, but not the deed of the house. I am also jointed in our bank account, my name and his name on the cheques too.

Fourth question, my name for my A-Card and SSN was never made my Married name, and it carries my Maiden name. For the form in part 1, am I able to write it as my MARRIED name, even though my married name isn't used on my A-Card or my SSN? And under part 3, for additional names, can I put my Maiden Name as another name? Do you think if I requested my unconditional card to be in my married name it would work? Or will I have to pay money to have everything changed into my married name once it's completed?

My final and LAST question (I'm sorry I have so many!) I am pregnant! I am due December 8th, but I can file earlier in November. I don't know how long it takes to receive a birth certificate for the child, and wondering if it would be worth cutting it SO close to the Expiration date to wait for it. I know it would be a very good document to consummate the marriage, but I am also worried about my last name being changed, and being able to travel with my child if the birth certificate says My name with my maiden name, and then my husband with his last name on it. Then I could never use it as ME being the mother, because I wouldn't have ID for proof being the mother with my maiden name anymore if it get's changed into my married one (woo, I hope that makes sense!) If anything, can my name be changed in a few years when I apply for citizenship? Name finally changed to my married name for my Citizenship AND for my SSN? I'm entirely unsure.

In fact, I am entirely unsure about any and all of what I've written. Please let me know if you need more information from me, I would be happy to give it! I'm not a new member here, I don't have the e-mail anymore that I used with my old account, and the password has been long forgotten. This community helped me get where I am today, and I am so grateful! I apologize for making a new topic, I was unsure if I was to or not. I appreciate any help that can be given!

I would just send in another I-865 for your husband to be safe as I received an NOA1 for the change of address. Send in the tax transcripts and do not worry about the address. It is the information that is improtant and that is tied to the SSN of yourself and your husband. People move and addresses change. Some times we remember to notify people and some times we do not, to me no big deal.

For the deed it is not that improtant (or at least I hope so as my wife is not on the deed as she is not on the mortgage). We have joint investment accounts, joint CCs, and joint tax returns. IMHO you should live your life as you see fit and not how it looks to some pencil pushing government employee whose own marriage may not stand up to such close scrunity. You can file the ROC in your married name and the 10 year GC wil be issued in that name. Then you can go about changing the SSC and all other IDs into your mairred name. The next chance you have to do this for free is during naturalization. I would file and if you have an interview you can take the baby's BC to the interview. Having a child only proves that you had sex with someone unless you shell out for a DNA test (sorry to be harsh about this but think of it like you are presenting evidence to Judge Judy to convince her you are married to your husband and it was not for immigration benefits). The USCIS wants to see co-mingling of assests or to put it another way the USC is risking his/her assets by placing them in joint control with the immigrant spouse.

So my take on ROC is to live our lives together for two and a half years and slowly combine those lives and the assets we have and document it for the USCIS. After our first year of marriage, I feel if we make it to ROC we are doing good as it was a very rough first year, but things are getting better. So live your life as you see fit. Document trips together and other things a typically family would do. Include all evidence of joint tax returns and accounts. If you cannot be put on the deed so be it. Maybe having wills drawn up, power of attorney, health care power of attorneys, or a quick claim deed for the house to give you ownership if that is in your best interest (I told the wife to cash in al lthe investments before the bank can put a lien on them and go home and let the bank deal with the house ). I do not put a lot of faith in utility bills as anybodys name can be put on them. Car titles, auto insurance with both listed as insured if you both drive (my wife does not drive so we do not have that).

Personally I think you will be fine as your questions are mainly about your address and the deed to the house. All can be explained.

I wish you well and good luck,

Dave

[Dave&Roza 748]

Adding on, I read somewhere you get a confirmation as the beneficiary if you change your address, but I changed mine online and never received one. Is there only a confirmation if you mail it? Thanks again!

Y(ou should have seen a screen that told you to save this page as your confirmation. It will not matter as all information will be sent to the address on the ROC application. I only received a mailed confirmation for the I-865 I filed as the USC. You can go on-line and do another one if you want to make certain you get a confirmation number.

Dave

[amberlm 2]

Hey, thank you BOTH for the super fast reply! I am so worried about name changing and wish it had been done when I got my Green Card the first time! I will put down my married name in section 1, and then maiden name in 'other names'. I am not hiding anything, and I have my names jointed on insurances and coverage for health and dental, after what I've read I believe it will be enough! And yes, that is true, anyone can have a kid with someone, but since a birth certificate stating we are the parents of the child that I will be popping out will have our names on it, our address and anything else, I didn't know if waiting to have a child first would be better!

I also never thought of filing my I-751, and then I get a Bio date around the time I have to give birth! If that were to happen, and things were delayed even further, I would freak out. (hey, I freak out a lot!)

I will resend BOTH address changes just to confirm it, there is no chances I wish to take!

Any other information if anyone else has input, i appreciate it, and I appreciate the help so far!! Thank you so much, you're putting a future moms heart at ease!

[Sandra G. 5,043]

You must be filed WITHIN the 90 days just preceding the expiration date on your green card, then you can file the I-751 after November 17, December or even January,2013, you will be ok. If the 2011 Tax Transcript won't have your home address then explain that your father in law screw up,lol, it's not a big deal but explain ok.

Your name is not on the deed then explain to USCIS why not. Get at least two notarized affidavits from friends and family stating your relationship is genuine, they can mention they went to your house, had dinner with you and your husband etc...

Edited July 3, 2012 by sandranj

[amberlm 2]

Yes I understood about the 90 day time frame and when to send it, but I was asking that instead of sending it the SECONd I can, would it be more beneficial to wait a few weeks into the 90 day period until our child is born and then wait for the birth certificate? It's listed as the number 1 piece of evidence of a bonifide marriage on the USCIS website.

Thank you for the extra information to get people to talk about in the affidavit! I will write letters explaining as to why my name isn't on a few things, thank you!

[Hugglebuggles 60]

To help ease your mind a little, I never received confirmation of our address change and USCIS even mailed the ROC filling reminder to our old address. It wasn't an issue at all, they just sent all future correspondence to the address on the ROC form. Also, I'm not on the mortgage or deed of our home either. Same situation as you, I couldn't be put on the mortgage because of my lack of credit, and I was told I couldn't be on the deed, which was wrong, but I didn't know it at the time. That wasn't an issue either. I did write a short letter explaining this and had both my husband and I sign.

As for the baby, it is good evidence, but I wouldn't wait to file because of it. If they end up issuing you an RFE for more evidence, you can just send it then. The extra time an RFE will take is still probably less than the extra time you will take to wait to file after the baby is born. Besides, once the little one comes you won't want to worry about this stuff for a while! Congrats by the way!

[amberlm 2]

Yes it does ease my mind a little knowing you and some others never received a confirmation, I went ahead I think yesterday morning while I was out all day and re-sent them, with a letter behind them explaining why they 'may' have been sent twice. Either way, I was smart and sent it certified mail this time, not just flat rate envelope. Having the paper with me saying I mailed it helps out too! It was very weird that I was told that I couldn't be put on a deed. A child who hasn't worked a day in his life with no credit can be put on a deed! Oh well, Thank you! Knowing you've got a few things the same as me helps a bunch!

And I will just send everything as soon as possible, if I get an RFE, I'll just send the birth certificate! Thank you for the congrats AND the help!

[Noth 4]

just real quick about the name on the deed, we were able to add my name to the deed even though I'm not on the mortgage, so you should be able to add your name as well (do it now if you can, not just before filling, which would look suspicious). This proves that you live in/ share ownership of the same place so I think it's pretty important. IMHO it has more value than showing bills in the same address (anyone can have their bills send to any address right?)

I see that peeps here told you not to, but I'm just sharing my experience. My husband had bought the house before we even met and all the bills are in his name (which we never changed), the only things I pay for is the pest control guy (i'm arachnophobic) and the cleaning lady. We had other assets in common though(car titles and insurance, join bank accounts, CC, etc...) I even put vet bills for our 3 cats.

I think I totally over killed it ,putting in the file any and all things we had in common. Try to get your name on the deed!

I think it's great that you are already looking into all this in advance, so can start saving the docs you will need! just for that, Thumbs up!

good luck and congrats for the baby!

Noth

[VanessaTony 3,567]

Yes I understood about the 90 day time frame and when to send it, but I was asking that instead of sending it the SECONd I can, would it be more beneficial to wait a few weeks into the 90 day period until our child is born and then wait for the birth certificate? It's listed as the number 1 piece of evidence of a bonifide marriage on the USCIS website.

Thank you for the extra information to get people to talk about in the affidavit! I will write letters explaining as to why my name isn't on a few things, thank you!

Where is this list?

[VanessaTony 3,567]

1. The AR-11 (for you) doesn't get notification. The I-865 (for your sponsors) does. I would re-file the I-865, but I wouldn't bother with the AR-11 for you, just write the new address on your form.

2. No. It's still the same address as each other.

3. Mine isn't on it either. Double check your extract. I wasn't supposed to be on ours either but I was listed as his wife. I also have emails/correspondence from the agent discussing it. Do you have anything similar? Honestly it's not really that big a deal because they should understand the lack of credit score/history.

4. A-Card?? I assume you mean "greencard" or "Permanent resident card". If you want to change your name now that's fine. Write your name on the forms where it asks for current name, and maiden name where it asks for previous names. People do this all the time. Not an issue.

5. Congrats! The birth of a child proves you had sex. It doesn't necessarily even have to mean that in this day and age. While it's GOOD evidence it's not the golden ticket that means you will be denied or approved if you don't or do have it. If you have an interview (no guarantee you will) then you can take it then. You can have your married names on the birth cert now. You simply show your marriage certificate for name change. It doesn't need to match your SSN. Perhaps you should have a chat with your birth hospital as to what they require as ID. Tell them your married name is X but your greencard currently says Y and would it be okay to have your married name on the form using your marriage cert as proof of name change... i'm sure you're not the first person this has happened to (giving birth before officially changing all documents that is). That said, yes you can wait for citizenship if you want.

Edited July 5, 2012 by Vanessa&Tony

[Hugglebuggles 60]

Good thought Vanessa regarding the mortgage/deed situation. I submitted a summary of the home inspection that was completed when the house was purchased listing us both as present. Also, we had some docs from the realtor showing I was at all the home showings, etc. And I'm listed as a named insured on the homeowners insurance. If anything it made me feel more confident with the submission.

[amberlm 2]

Thank you Vanessa, and yes I meant my greencard, I'm so used to writing down my A-Number, so I referred to it as that! I do have emails and the written form for the home inspection stating we were both present, and even has my signature! If anything, that can help, so thank you for that!

I know for a child it most likely just means that I had sex, but I was thinking because both of our names were on it, it would mean more. I never have thought of it as a way for using it as a "Hey lookie here! we had a kid!" kinda thing, but more in the good faith, honest way. Call me old fashioned I suppose! But thank you, I know what you mean, and everything you wrote was an awesome idea. I will be putting down my married name on the form, and if they have a problem with it, they can always tell me there is something wrong with the form! Thank you thank you!