Need Advice From Smart VJ'ers

[andy desai 3]

Dear all

I would like to first thank everyone for sharing their visa issues here. Here is my story. I had applied for a fiancee visa which got approved. My fiancee came to the US in Jan 2009 and we have been living together since then. Before the 90 day deadline we got married and filed for AOS. AOS also got approved without any problems. I have more than 12 months to go for the removal of conditions. However i proactively have stated all the documentation required for this process. One of the most important document which is needed is the lease which is supposed to be signed together. Well i live with my parents and the lease for my apartment has expired. I didnot renew the lease because then we will get stuck in this apartment for the next 12 months. So the lease right now doesnot have my wife's name on there. Do i have to renew the lease? I do have a lot of other documentation proving we stay together like the driver's license has the same address on it, we have a joint bank account, we will file for the joint tax returns, pics from trips taken together. investments made etc. Will this all suffice??

[leith@Ievgeniia 8]

Dear all

I would like to first thank everyone for sharing their visa issues here. Here is my story. I had applied for a fiancee visa which got approved. My fiancee came to the US in Jan 2009 and we have been living together since then. Before the 90 day deadline we got married and filed for AOS. AOS also got approved without any problems. I have more than 12 months to go for the removal of conditions. However i proactively have stated all the documentation required for this process. One of the most important document which is needed is the lease which is supposed to be signed together. Well i live with my parents and the lease for my apartment has expired. I didnot renew the lease because then we will get stuck in this apartment for the next 12 months. So the lease right now doesnot have my wife's name on there. Do i have to renew the lease? I do have a lot of other documentation proving we stay together like the driver's license has the same address on it, we have a joint bank account, we will file for the joint tax returns, pics from trips taken together. investments made etc. Will this all suffice??

have your parents prepare lease in both of your names. and make payments. that way you stay legal. and who is to say they have to cash the rent checks

suggestion is all

[rebeccajo 14]

Moving this thread to ROC forum.

It's not a good suggestion to other members to send fraudulent documents to the Service.

To the OP - If I am following you correctly, you have moved back into your parents home? There is nothing wrong with this. The Service will be looking for 'co-mingling' of assets. Send them as much evidence of this as you have.

[antda 13]

Hi Andy Desai,

Lol...I'm not sure if I'm smart enough to answer this...but I might as well give it a try.....(I liked the topic title....lol...)

Fromw what I understand, you are now living with your parents and have no lease, right? And the lease is required for the Removal of Conditions stage, so I can see why you (and immigration) would have problems with such, as they will ask for such evidence when the time comes.

The solution: Ask your parents (or whoever else is your landlord) to write a sworn affidavit letter saying that you and your spouse live there, and that you are living there (regardless of if you pay rent or not). The statement should be written by the landlord and notarized by a notary to make it official. This should suffice for immigration purposes, in terms of fulfilling the requirements for a lease, when there is none. Do not write any "fake/false leases" as that is seen as fraud and can be used against you. As well, get any other joint evidence that shows that you and your wife live at the same address (such as what you listed in your post, that's a good start there), and you can provide pther evidence and affidavits from others (friends, co-workers, neighbours, relatives, etc.) that have known both you and your wife together too.

Hope that helps. Good luck with the rest of your journey too.

Ant (Am I smart enough?..just kidding...lol...)

Dear all

I would like to first thank everyone for sharing their visa issues here. Here is my story. I had applied for a fiancee visa which got approved. My fiancee came to the US in Jan 2009 and we have been living together since then. Before the 90 day deadline we got married and filed for AOS. AOS also got approved without any problems. I have more than 12 months to go for the removal of conditions. However i proactively have stated all the documentation required for this process. One of the most important document which is needed is the lease which is supposed to be signed together. Well i live with my parents and the lease for my apartment has expired. I didnot renew the lease because then we will get stuck in this apartment for the next 12 months. So the lease right now doesnot have my wife's name on there. Do i have to renew the lease? I do have a lot of other documentation proving we stay together like the driver's license has the same address on it, we have a joint bank account, we will file for the joint tax returns, pics from trips taken together. investments made etc. Will this all suffice??

Edited December 12, 2009 by Ant+D+A

[v333k 59]

Hi Andy Desai,

Lol...I'm not sure if I'm smart enough to answer this...but I might as well give it a try.....(I liked the topic title....lol...)

Fromw what I understand, you are now living with your parents and have no lease, right? And the lease is required for the Removal of Conditions stage, so I can see why you (and immigration) would have problems with such, as they will ask for such evidence when the time comes.

The solution: Ask your parents (or whoever else is your landlord) to write a sworn affidavit letter saying that you and your spouse live there, and that you are living there (regardless of if you pay rent or not). The statement should be written by the landlord and notarized by a notary to make it official. This should suffice for immigration purposes, in terms of fulfilling the requirements for a lease, when there is none. Do not write any "fake/false leases" as that is seen as fraud and can be used against you. As well, get any other joint evidence that shows that you and your wife live at the same address (such as what you listed in your post, that's a good start there), and you can provide pther evidence and affidavits from others (friends, co-workers, neighbours, relatives, etc.) that have known both you and your wife together too.

Hope that helps. Good luck with the rest of your journey too.

Ant (Am I smart enough?..just kidding...lol...)

I agree with Ant+D+A,

A least is helpful but not critical. The affidavits are a very good idea, especially coming from your parents stating the exact time you moved in with them. Also, provide some mail showing that you have both received personal, or financial mail to that address.

Once again, I agree with Ant+D+A. DO NOT WRITE FAKE DOCUMENTATION. Then, it is fraud, not only to immigration, but also to IRS (your parents have to provide if IRS gets involved documentation of income from your rental payments... this can end very ugly). If you entered your marriage in good faith - then there is nothing to be worried about.

You know, one major proof that you have entered your marriage in good faith is by living with your parents.

1st - Your family approves of this marriage.

2nd - A USC who is helping a person to enter this country for immigration purposes will not be willing to live with the LPR's parents... so this is not the case with you....

GOOD LUCK!!!

[andy desai 3]

Ahhhhhh... see this is what i am looking for... I will make sure i get a document notarized from my neighbours who know me well and get the verbage set accordingly. This is good... and ofcourse i appreciate your response.. It was of some help.. see.... this is what i am talkin about... sMarT Vj'Ers..

[andy desai 3]

Hi Andy Desai,

Lol...I'm not sure if I'm smart enough to answer this...but I might as well give it a try.....(I liked the topic title....lol...)

Fromw what I understand, you are now living with your parents and have no lease, right? And the lease is required for the Removal of Conditions stage, so I can see why you (and immigration) would have problems with such, as they will ask for such evidence when the time comes.

The solution: Ask your parents (or whoever else is your landlord) to write a sworn affidavit letter saying that you and your spouse live there, and that you are living there (regardless of if you pay rent or not). The statement should be written by the landlord and notarized by a notary to make it official. This should suffice for immigration purposes, in terms of fulfilling the requirements for a lease, when there is none. Do not write any "fake/false leases" as that is seen as fraud and can be used against you. As well, get any other joint evidence that shows that you and your wife live at the same address (such as what you listed in your post, that's a good start there), and you can provide pther evidence and affidavits from others (friends, co-workers, neighbours, relatives, etc.) that have known both you and your wife together too.

Hope that helps. Good luck with the rest of your journey too.

Ant (Am I smart enough?..just kidding...lol...)

Dear all

I would like to first thank everyone for sharing their visa issues here. Here is my story. I had applied for a fiancee visa which got approved. My fiancee came to the US in Jan 2009 and we have been living together since then. Before the 90 day deadline we got married and filed for AOS. AOS also got approved without any problems. I have more than 12 months to go for the removal of conditions. However i proactively have stated all the documentation required for this process. One of the most important document which is needed is the lease which is supposed to be signed together. Well i live with my parents and the lease for my apartment has expired. I didnot renew the lease because then we will get stuck in this apartment for the next 12 months. So the lease right now doesnot have my wife's name on there. Do i have to renew the lease? I do have a lot of other documentation proving we stay together like the driver's license has the same address on it, we have a joint bank account, we will file for the joint tax returns, pics from trips taken together. investments made etc. Will this all suffice??

Ahhhhhh... see this is what i am looking for... I will make sure i get a document notarized from my neighbours who know me well and get the verbage set accordingly. This is good... and ofcourse i appreciate your response.. It was of some help.. see.... this is what i am talkin about... sMarT Vj'Ers.. '

[tonyeck 0]

One of the most important document which is needed is the lease which is supposed to be signed together. Well i live with my parents and the lease for my apartment has expired.

It's important, but not needed. For example, I live with my in-laws with my wife as she finishes here degree as it makes so much more financial sense right now. We had no bills in our name, no utilities and certainly no lease. We sent a signed affidavit from my in-laws explaining that we were all living under one roof. Lifting of conditions was approved very quickly (by Vermont standards) with no questions.

here is the evidence we sent:

Copies of mys Passport and Permanent Resident Card

Three sworn affidavits and one letter by US citizen friends/family attesting to our relationship and marriage

Copy of our Marriage Certificate

Copies of our Federal Tax Returns from 2007 and 2008

Copies of our State Tax Returns from 2007 and 2008

Copies of W2’s and 1099’s from 2007 and 2008 showing our shared address

Copies of Property Tax information sent to the both of us during our marriage

Six Copies of Bank statements for our joint checking and savings accounts, from 2007, 2008 and 2009

Copies of various notices from our shared car insurance policy throughout our marriage

Copies of our Driving licenses showing our address

Copies of our individual health insurance plans addressed to the same address

Copies of car titles showing our shared address at home

A copy of airline reservations for multiple vacations including the United Kingdom and San Francsico, CA

Copies of Boarding passes from a trip to the UK in December 2008 and San Francisco in May 2008

Copies of various holiday cards we have received since being married

Copies of various tickets from events we have gone to together

Copies of various photographs taken of us from 2007 to 2009 during our marriage

Hope that helps!

[andy desai 3]

One of the most important document which is needed is the lease which is supposed to be signed together. Well i live with my parents and the lease for my apartment has expired.

It's important, but not needed. For example, I live with my in-laws with my wife as she finishes here degree as it makes so much more financial sense right now. We had no bills in our name, no utilities and certainly no lease. We sent a signed affidavit from my in-laws explaining that we were all living under one roof. Lifting of conditions was approved very quickly (by Vermont standards) with no questions.

here is the evidence we sent:

Copies of mys Passport and Permanent Resident Card

Three sworn affidavits and one letter by US citizen friends/family attesting to our relationship and marriage

Copy of our Marriage Certificate

Copies of our Federal Tax Returns from 2007 and 2008

Copies of our State Tax Returns from 2007 and 2008

Copies of W2's and 1099's from 2007 and 2008 showing our shared address

Copies of Property Tax information sent to the both of us during our marriage

Six Copies of Bank statements for our joint checking and savings accounts, from 2007, 2008 and 2009

Copies of various notices from our shared car insurance policy throughout our marriage

Copies of our Driving licenses showing our address

Copies of our individual health insurance plans addressed to the same address

Copies of car titles showing our shared address at home

A copy of airline reservations for multiple vacations including the United Kingdom and San Francsico, CA

Copies of Boarding passes from a trip to the UK in December 2008 and San Francisco in May 2008

Copies of various holiday cards we have received since being married

Copies of various tickets from events we have gone to together

Copies of various photographs taken of us from 2007 to 2009 during our marriage

Hope that helps!

Hmmm..... Now can i get an example of what a sworn statement looks like?? Thanks for so much info.. This is helpful. really we dont need a lawyer if you have some cool Vj'ers on board..

[Otto 83]

Hmmm..... Now can i get an example of what a sworn statement looks like?? Thanks for so much info.. This is helpful. really we dont need a lawyer if you have some cool Vj'ers on board..

There is an example sworn statement in the Example Forms section (near top of page next to Downloads); Example

Note: Example shows a place for a Notary Public to sign/stamp, but it seems a Notary is not really necessary any longer (if it ever was). Signing in front of a Notary is at your discretion is the general consensus.

[andy desai 3]

Hmmm..... Now can i get an example of what a sworn statement looks like?? Thanks for so much info.. This is helpful. really we dont need a lawyer if you have some cool Vj'ers on board..

There is an example sworn statement in the Example Forms section (near top of page next to Downloads); Example

Note: Example shows a place for a Notary Public to sign/stamp, but it seems a Notary is not really necessary any longer (if it ever was). Signing in front of a Notary is at your discretion is the general consensus.

You guys are good with visa stuff!. dont need attorney's anymore...lolz

[Otto 83]

You guys are good with visa stuff!. dont need attorney's anymore...lolz

Keep in mind, advice/comments given on VJ shouldn't substitute for legal advice from a trained professional when prudent.

[Kathryn41 3,205]

Just as an added comment, if you have enough other supporting documentation you don't need a lease or ownership documents. My husband bought our house before we got together. His name is the only one on the mortgage and ownership papers. We have sufficient other evidence to show we are happily married and co-mingling our assets and my Removal of Conditions was approved without me submitting a lease or any documents that related to joint home ownership. It is nice to have but as long as you have enough other evidence it isn't a requirement. Getting your parents to state that you both live there together should be fine.

You are the smart one, actually, looking a year in advance and trying to get the documents you need organized now. One of the things I did that I found very useful is to set aside a box and anything that came in the mail addressed to both of us or related to living in the same house (ie drycleaning bills, lawn services bill, house maintenance, etc.) that had my name on it as well, went into the box. That way I just needed to sort through the box and select a good sample of varying documents to submit with the ROC application.

Good luck to you.

[Anamaria2009 1]

<<One of the most important document which is needed is the lease which is supposed to be signed together.>>

No, you only have to show that you live at the same address. (I didn't have a lease or own a home.. we lived on my in-laws property and was a verbal agreement...). I went to the twon hall and got the document that shows who is paying the tax on that property and I had correspondence in my name to that address. If you have utility bills - those alone show that you live there.

<Do i have to renew the lease? >

No.

<I do have a lot of other documentation proving we stay together like the driver's license has the same address on it, we have a joint bank account, we will file for the joint tax returns, pics from trips taken together. investments made etc. Will this all suffice??>

- it's more then I had and I was approved in 4 months with a waiver (because I divorced tha USC...).

Don't stress yourself over it. If USCIS needs evidence of anything from you, they will ask you.