I-751 Removal of Condition- Insufficient Evidence

[Butch Reyes 0]

You can send the photos, but really, photos are just secondary evidence. They really prove nothing in the way of sharing a life and/or a home together. The tax return for the year and auto information are fine too - but if they're specifically looking for info towards the beginning of the marriage, it may not help much in that sense. The driver's licenses do show both your addresses and are a good thing to send too.

Is there a reason you cannot send (or are reluctant to send) the other things folks here have suggested - lease, mortgage information, maybe even some utility bills (we submitted some in both names)?

I moved at my wife's place and she says there was no lease contract prior or after our marriage. I am reluctant to ask for a joint lease contract for fear of the landlord having an idea of increasing our rent or imposing new conditions. My wife and I therefore agreed to maintain the status quo. Utility bills are still under my wife's name but our joint account bank statement will show the utility bills were paid. Only our gas bill is under my name because at the time I was still waiting for my SS number, and the gas company was the only one who did not require my ssn. Our auto financing was just recent because it was only now we had a need for a car. Thanks for your time.

[Butch Reyes 0]

Again - so you sent nothing that has to do with living together? (A lease, mortgage etc?) Is this not something you can do?

Hi friends. who has the burden of proof, us or Immigration? Say if after I sent them additional evidences and they are still not convinced, will that mean I will get deported in spite of the fact that we are a happily married couple, living a normal day to day life? I hope there are some out there in this forum who have experienced that scenario. Thanks everybody!

[TracyTN 237]

Would your landlord not just write an affidavit/letter stating when you moved in and that you've been living there the whole time - but there is no formal lease arrangement? Explain to him why you need it - as proof of a legitimate marriage to assist in your 10 year green card. If he's going to 'impose new conditions' for that, then he's a jerk. LOL.

Paying utility bills out of the same account doesn't show them that you live at the same address. I'd send a copy of the gas bill (which is in your name) from the time you established it in your name, one from maybe a year ago, and one that is recent. Do the same for another utility which is in your wife's name.

Hi friends. who has the burden of proof, us or Immigration? Say if after I sent them additional evidences and they are still not convinced, will that mean I will get deported in spite of the fact that we are a happily married couple, living a normal day to day life? I hope there are some out there in this forum who have experienced that scenario. Thanks everybody!

The burden of proof is ALWAYS on the applicant.

USCIS would issue a notice of intent to deny (NOID) but they would not deport you. The NOID simply starts that ball rolling.

[Caladan 19]

The way we put ours together was to think of ways that we could show that we'd been living as husband and wife and representing ourselves to third parties as such in our daily lives. I mention this because we didn't add C. to the lease as someone responsible for the rent at either of our places (the first because the landlord wouldn't while he was on a K-1; the second because I'm renting from the college where I work so again, he's just an approved occupant.), and none of our utility bills are joint. This meant showing that we shared money, and showing that we had showed other people that we shared a residence.

What things went in the first category?

Tax transcripts

Joint bank account statements (2 3-month periods), including deposits made by both of our jobs.

C. being on my health insurance & his spousal card for the college where I work.

Joint responsibility for the car, insurance for that car, and previous joint insurance on the old car that was in his name. (Our new car was purchased in 3/09, and we filed in 08/09, and it surely wasn't a problem that we bought a new car only months before filing.)

What things went in the second category?

The leases, even though he was listed just as an approved occupant.

Bills that were in his name.

Bills that were in my name.

Photocopies of driver's licenses.

Affidavits from friends.

I don't think we sent photos. If we did, it wasn't more than one or two.

Like I said, think of things that you have that are somewhat official that show that you've been representing yourself as living at a certain address to other somewhat official entities.

[Jay1234 2]

Hi friends. who has the burden of proof, us or Immigration? Say if after I sent them additional evidences and they are still not convinced, will that mean I will get deported in spite of the fact that we are a happily married couple, living a normal day to day life? I hope there are some out there in this forum who have experienced that scenario. Thanks everybody!

The burden of proof is on the Attorney General at a removal hearing, if a timely I-751 was filed and the joint petitioners show up at the interview.

§ 1186a. Conditional permanent resident status for certain alien spouses and sons and daughters

(a) In general.

(1) Conditional basis for status. Notwithstanding any other provision of this Act, an alien spouse (as defined in subsection (g)(1)) and an alien son or daughter (as defined in subsection (g)(2)) shall be considered, at the time of obtaining the status of an alien lawfully admitted for permanent residence, to have obtained such status on a conditional basis subject to the provisions of this section.

(2) Notice of requirements.

(A) At time of obtaining permanent residence. At the time an alien spouse or alien son or daughter obtains permanent resident status on a conditional basis under paragraph (1), the Attorney General shall provide for notice to such a spouse, son, or daughter respecting the provisions of this section and the requirements of subsection ©(1) to have the conditional basis of such status removed.

(B) At time of required petition. In addition, the Attorney General shall attempt to provide notice to such a spouse, son, or daughter, at or about the beginning of the 90-day period described in subsection (d)(2)(A), of the requirements of subsections [subsection] ©(1).

© Effect of failure to provide notice. The failure of the Attorney General to provide a notice under this paragraph shall not affect the enforcement of the provisions of this section with respect to such a spouse, son, or daughter.

(b) Termination of status if finding that qualifying marriage improper.

(1) In general. In the case of an alien with permanent resident status on a conditional basis under subsection (a), if the Attorney General determines, before the second anniversary of the alien's obtaining the status of lawful admission for permanent residence, that--

(A) the qualifying marriage--

(i) was entered into for the purpose of procuring an alien's admission as an immigrant, or

(ii) has been judicially annulled or terminated, other than through the death of a spouse; or

(B) a fee or other consideration was given (other than a fee or other consideration to an attorney for assistance in preparation of a lawful petition) for the filing of a petition under section 204(a) [8 USCS § 1154(a)] or subsection (d) or (p) of section 214 [8 USCS § 1184] with respect to the alien;

the Attorney General shall so notify the parties involved and, subject to paragraph (2), shall terminate the permanent resident status of the alien (or aliens) involved as of the date of the determination.

(2) Hearing in removal proceeding. Any alien whose permanent resident status is terminated under paragraph (1) may request a review of such determination in a proceeding to remove the alien. In such proceeding, the burden of proof shall be on the Attorney General to establish, by a preponderance of the evidence, that a condition described in paragraph (1) is met.

© Requirements of timely petition and interview for removal of condition.

(1) In general. In order for the conditional basis established under subsection (a) for an alien spouse or an alien son or daughter to be removed--

(A) the alien spouse and the petitioning spouse (if not deceased) jointly must submit to the Attorney General, during the period described in subsection (d)(2), a petition which requests the removal of such conditional basis and which states, under penalty of perjury, the facts and information described in subsection (d)(1), and

(B) in accordance with subsection (d)(3), the alien spouse and the petitioning spouse (if not deceased) must appear for a personal interview before an officer or employee of the Service respecting the facts and information described in subsection (d)(1).

(2) Termination of permanent resident status for failure to file petition or have personal interview.

(A) In general. In the case of an alien with permanent resident status on a conditional basis under subsection (a), if--

(i) no petition is filed with respect to the alien in accordance with the provisions of paragraph (1)(A), or

(ii) unless there is good cause shown, the alien spouse and petitioning spouse fail to appear at the interview described in paragraph (1)(B),

the Attorney General shall terminate the permanent resident status of the alien as of the second anniversary of the alien's lawful admission for permanent residence.

(B) Hearing in removal proceeding. In any removal proceeding with respect to an alien whose permanent resident status is terminated under subparagraph (A), the burden of proof shall be on the alien to establish compliance with the conditions of paragraphs (1)(A) and (1)(B).

(3) Determination after petition and interview.

(A) In general. If--

(i) a petition is filed in accordance with the provisions of paragraph (1)(A), and

(ii) the alien spouse and petitioning spouse appear at the interview described in paragraph (1)(B),

the Attorney General shall make a determination, within 90 days of the date of the interview, as to whether the facts and information described in subsection (d)(1) and alleged in the petition are true with respect to the qualifying marriage.

(B) Removal of conditional basis if favorable determination. If the Attorney General determines that such facts and information are true, the Attorney General shall so notify the parties involved and shall remove the conditional basis of the parties effective as of the second anniversary of the alien's obtaining the status of lawful admission for permanent residence.

© Termination if adverse determination. If the Attorney General determines that such facts and information are not true, the Attorney General shall so notify the parties involved and, subject to subparagraph (D), shall terminate the permanent resident status of an alien spouse or an alien son or daughter as of the date of the determination.

(D) Hearing in removal proceeding. Any alien whose permanent resident status is terminated under subparagraph © may request a review of such determination in a proceeding to remove the alien. In such proceeding, the burden of proof shall be on the Attorney General to establish, by a preponderance of the evidence, that the facts and information described in subsection (d)(1) and alleged in the petition are not true with respect to the qualifying marriage.

(4) Hardship waiver. The Attorney General, in the Attorney General's discretion, may remove the conditional basis of the permanent resident status for an alien who fails to meet the requirements of paragraph (1) if the alien demonstrates that --

(A) extreme hardship would result if such alien is removed,

(B) the qualifying marriage was entered into in good faith by the alien spouse, but the qualifying marriage has been terminated (other than through the death of the spouse) and the alien was not at fault in failing to meet the requirements of paragraph (1); or

© the qualifying marriage was entered into in good faith by the alien spouse and during the marriage the alien spouse or child was battered by or was the subject of extreme cruelty perpetrated by his or her spouse or citizen or permanent resident parent and the alien was not at fault in failing to meet the requirements of paragraph (1).

In determining extreme hardship, the Attorney General shall consider circumstances occurring only during the period that the alien was admitted for permanent residence on a conditional basis. In acting on applications under this paragraph, the Attorney General shall consider any credible evidence relevant to the application. The determination of what evidence is credible and the weight to be given that evidence shall be within the sole discretion of the Attorney General. The Attorney General shall, by regulation, establish measures to protect the confidentiality of information concerning any abused alien spouse or child, including information regarding the whereabouts of such spouse or child.

(d) Details of petition and interview.

(1) Contents of petition. Each petition under subsection ©(1)(A) shall contain the following facts and information:

(A) Statement of proper marriage and petitioning process. The facts are that--

(i) the qualifying marriage--

(I) was entered into in accordance with the laws of the place where the marriage took place,

(II) has not been judicially annulled or terminated, other than through the death of a spouse, and

(III) was not entered into for the purpose of procuring an alien's admission as an immigrant; and

(ii) no fee or other consideration was given (other than a fee or other consideration to an attorney for assistance in preparation of a lawful petition) for the filing of a petition under section 204(a) [8 USCS § 1154(a)] or subsection (d) or (p) of section 214 [8 USCS § 1184] with respect to the alien spouse or alien son or daughter.

(B) Statement of additional information. The information is a statement of--

(i) the actual residence of each party to the qualifying marriage since the date the alien spouse obtained permanent resident status on a conditional basis under subsection (a), and

(ii) the place of employment (if any) of each such party since such date, and the name of the employer of such party.

8 USCS § 1186a

[Darnell 8,478]

Is it not just a carry over to the I-751?

Never. No Such Thing as a 'Carry Over'. Sorry.

Ya, making duplicates and keeping files can be a PITA, but its YER paperwork, not USCIS.

[Darnell 8,478]

Strongly suggest you and your USC Spouse file AMENDED TAX RETURN for TY 2007, using yer new ssn.

Dig up a 1040X from the IRS web site, fill it out on Sunday - send it in to IRS, make copy of entire packet to send it as evidence.

ON ALL bank accounts that USC SPOUSE used prior to you having a SSN - were there POD (Payable upon death) instructions listing YOU as the beneficiary?

re: Joint Bank Account Stuff - get all of the monthly statements, from the first month you were added, to current date. ALL OF THEM. I assume March 2008 to current date, yes?

Utility BILLS NOT IN BOTH names is huge issue. Bad Form. Not a Major Ding, though - but still a big deal to NOT have it.

re: The Lease. Ouch. Sorry. Did you try for 'amendment to lease - covering authorized occupants', at least? No ? Ouch.

Going backwards in time, one of the major failures that I see, is that you did not apply for SSN 15 days past yer original POE

date. If you had applied between Day 15 to Day 74 from the POE date, you would have had a SSN. With a SSN, you could have gotten all that other evidence, from Day 2 of the marriage. I know it sucks, but it is what it is.

I guess in the grander scheme of things, you are WAY LUCKY that USCIS hasn't dinged you for getting married outside of the 90 day window.

Hang in there, you CAN prep more evidence, and

GOOD LUCK !

[Butch Reyes 0]

Strongly suggest you and your USC Spouse file AMENDED TAX RETURN for TY 2007, using yer new ssn.

Dig up a 1040X from the IRS web site, fill it out on Sunday - send it in to IRS, make copy of entire packet to send it as evidence.

ON ALL bank accounts that USC SPOUSE used prior to you having a SSN - were there POD (Payable upon death) instructions listing YOU as the beneficiary?

re: Joint Bank Account Stuff - get all of the monthly statements, from the first month you were added, to current date. ALL OF THEM. I assume March 2008 to current date, yes?

Utility BILLS NOT IN BOTH names is huge issue. Bad Form. Not a Major Ding, though - but still a big deal to NOT have it.

re: The Lease. Ouch. Sorry. Did you try for 'amendment to lease - covering authorized occupants', at least? No ? Ouch.

Going backwards in time, one of the major failures that I see, is that you did not apply for SSN 15 days past yer original POE

date. If you had applied between Day 15 to Day 74 from the POE date, you would have had a SSN. With a SSN, you could have gotten all that other evidence, from Day 2 of the marriage. I know it sucks, but it is what it is.

I guess in the grander scheme of things, you are WAY LUCKY that USCIS hasn't dinged you for getting married outside of the 90 day window.

Hang in there, you CAN prep more evidence, and

GOOD LUCK !

Here's an update of my situation. I got a notice by mail for 2nd interview for removal of conditions. Date: Sept. 13, 2010 at 26 federal plaza, manhattan, NY at 10am. The day finally came. We did not wait long. There were already other people waiting and I was wondering why we were called ahead of the others. Maybe they were starting from the most simple and less complicated cases first. My wife and I took our oath. The immig officer was polite which in a way calmed our nerves. He asked each of us some questions and then looked at his notes. Perhaps he just wanted consistency on our answers. Some questions asked where, where we worked, where we lived and did we live somewhere else. i guess the trick here is just answer questions if he is addressing you and don't say anything if the question is directed to the wife. then he asked for the latest income tax return, car title, insurance, credit cards under our name. then finally he said that you seem to be married and i will approve your green card. i asked him if i will get my present green card and he said no, he will just stamp the i-551 on my passport with a validity of 1 year. that in 2 months or so, i should be expecting the 10 year green card and if the waiting goes up to 4 months, that i should make a follow up. so it's back to the waiting game. and when i get my green card in the mail, i've got to pinch myself somewhere to know this is not a dream.

For those who have responded to this thread, many thanks for your advise and assurances. And my advise to those who will start their i-751, be sure you have all the right evidence submitted. consult an immig lawyer if you can afford it. if you get a notice for insufficient evidence, then be prepared for a long wait and then most likely you will be singled out for a second interview.

[OBX 51]

Here's an update of my situation. I got a notice by mail for 2nd interview for removal of conditions. Date: Sept. 13, 2010 at 26 federal plaza, manhattan, NY at 10am. The day finally came. We did not wait long. There were already other people waiting and I was wondering why we were called ahead of the others. Maybe they were starting from the most simple and less complicated cases first. My wife and I took our oath. The immig officer was polite which in a way calmed our nerves. He asked each of us some questions and then looked at his notes. Perhaps he just wanted consistency on our answers. Some questions asked where, where we worked, where we lived and did we live somewhere else. i guess the trick here is just answer questions if he is addressing you and don't say anything if the question is directed to the wife. then he asked for the latest income tax return, car title, insurance, credit cards under our name. then finally he said that you seem to be married and i will approve your green card. i asked him if i will get my present green card and he said no, he will just stamp the i-551 on my passport with a validity of 1 year. that in 2 months or so, i should be expecting the 10 year green card and if the waiting goes up to 4 months, that i should make a follow up. so it's back to the waiting game. and when i get my green card in the mail, i've got to pinch myself somewhere to know this is not a dream.

For those who have responded to this thread, many thanks for your advise and assurances. And my advise to those who will start their i-751, be sure you have all the right evidence submitted. consult an immig lawyer if you can afford it. if you get a notice for insufficient evidence, then be prepared for a long wait and then most likely you will be singled out for a second interview.

Glad everything worked out, thanks for the update.

[Anh map 2,098]

Good news. Congratulations.

Thanks for updating.

[bszoom42 0]

Congratulations!!!