Our ROC package

[Little_My 464]

Here's a list of what we sent, maybe it'll be helpful to others - and, comments and opinions on the content are also welcomed!

• Cover letter listing the items in the package
• I-751 form, filled out by conditional resident, signed by conditional resident and petitioning spouse
• check for $590 ($505 filing fee+$85 biometrics fee) made out to US Department of Homeland Security
• Copy of conditional resident's green card, front and back
• List of previous addresses
• Proof of bona fide marriage spanning from July 2011 to present, including:

- Joint lease from an apartment in Brooklyn between July 2011 and July 2012

- Joint lease from an apartment in Bangalore, India, from August 2012 to July 2013

- Bank statements from July 2011 to present showing joint bank account and continuous activity on the account (I printed out one statement for every three months)

- A bill from Freelancers Union showing joint health insurance (and shared address)

- A bill from Guardian showing joint dental insurance

- E-tickets showing travel to Finland for Christmas 2011 and a visit to Lapland in January 2012, and E-ticket purchased for conditional resident by petitioning spouse on his credit card

- Petitioning spouse's record from Indian foreign registration office showing conditional resident listed as spouse, and conditional resident's Indian visa, showing that visa was issued for the purposes of "accompanying spouse"

- Copies of 2011 and 2012 tax returns showing taxes filed as "married filing jointly"

- Proof of joint travelers insurance from July 2012 to July 2013

- Photos spanning over the past two years

- A letter explaining the current living situation of the couple (petitioning spouse is still in India for another two months, conditional resident is in the US) and a letter from petitioning spouse's employer stating that he had to to temporarily relocate to India in August 2012, and has resided there with the conditional resident with the intention of returning to the US in Summer/Fall of 2013

[bewildering 9]

Here's a list of what we sent, maybe it'll be helpful to others - and, comments and opinions on the content are also welcomed!

• Cover letter listing the items in the package.
• I-751 form, filled out by conditional resident, signed by conditional resident and petitioning spouse
• check for $590 ($505 filing fee+$85 biometrics fee) made out to US Department of Homeland Security
• Copy of conditional resident's green card, front and back
• List of previous addresses
• Proof of bona fide marriage spanning from July 2011 to present, including:

- Joint lease from an apartment in Brooklyn between July 2011 and July 2012

- Joint lease from an apartment in Bangalore, India, from August 2012 to July 2013

- Bank statements from July 2011 to present showing joint bank account and continuous activity on the account (I printed out one statement for every three months)

- A bill from Freelancers Union showing joint health insurance (and shared address)

- A bill from Guardian showing joint dental insurance

- E-tickets showing travel to Finland for Christmas 2011 and a visit to Lapland in January 2012, and E-ticket purchased for conditional resident by petitioning spouse on his credit card

- Petitioning spouse's record from Indian foreign registration office showing conditional resident listed as spouse, and conditional resident's Indian visa, showing that visa was issued for the purposes of "accompanying spouse"

- Copies of 2011 and 2012 tax returns showing taxes filed as "married filing jointly"

- Proof of joint travelers insurance from July 2012 to July 2013

- Photos spanning over the past two years

- A letter explaining the current living situation of the couple (petitioning spouse is still in India for another two months, conditional resident is in the US) and a letter from petitioning spouse's employer stating that he had to to temporarily relocate to India in August 2012, and has resided there with the conditional resident with the intention of returning to the US in Summer/Fall of 2013

In most cases i would say that you have enough. But in your case, you are not even living together - major red flag - see the section from their manual below!

You have a lot of random stuff that they do not specifcally request (cover letters, pictures, e-tickets, Indian visas). While you miss some stuff that they actually request. Read the instructions carefully.

What about "insurance policies that show the other spouse as the beneficiary,". For example, you named as beneficiary on your spouses work retirement and life insurance.

Also "joint utility bills" are requested, are you both on the bill?.

Instead of a letter from the employer, get an Affidavit from the employer that explains the living/workingsituation.

Also get an Affidavit from other friends that know you that explains why you do not live together.

Your marriage is obviously bone fide, and will not be denied in the long term, but to avoid hassle just get the affidavits...

Quote from their manual:

· Reasons for Assigning Fraud Level A. Fraud level A should be assigned when the adjudicator strongly suspects fraud. Reasons fraud level A might be assigned include:

- the petitioner fails to sign the form;

- there is insufficient evidence;

- a large age difference exists between the spouses;

- the married couple is not living together;

- a prior I-751 was denied;

- the petition was filed untimely without a good reason for being late; or

- any other reasons as the service center director may determine.

[Little_My 464]

Well, given that the package has been sent, anything additional will be added as a response to an RFE if we end up getting one. If the current living situation does lead to an RFE, that won't be an issue as by the time the RFE would reach us, we will already be living together again - he is wrapping up things in India, and will be back on US soil permanently by October, and visiting twice between now and then. We also have been living together for this entire period of two years, and the current situation is temporary for a period of two to three months, which is clearly explained and validated by the documents.

Trust me, I have read the instructions carefully, several times - and while I do of course recognize the possibility of an RFE down the line, I am also pretty confident that the package is fairly strong. All the major things are there, such as strong evidence of joint finances, taxes and co-habitation (with the exception of the current temporary situation), and should they request more, we'll be ready to respond, and by that time will also again be under the same roof.

Let's see how it goes - and thanks for your inputs!

[Dave&Roza 748]

Here's a list of what we sent, maybe it'll be helpful to others - and, comments and opinions on the content are also welcomed!

• Cover letter listing the items in the package
• I-751 form, filled out by conditional resident, signed by conditional resident and petitioning spouse
• check for $590 ($505 filing fee+$85 biometrics fee) made out to US Department of Homeland Security
• Copy of conditional resident's green card, front and back
• List of previous addresses
• Proof of bona fide marriage spanning from July 2011 to present, including:

- Joint lease from an apartment in Brooklyn between July 2011 and July 2012

- Joint lease from an apartment in Bangalore, India, from August 2012 to July 2013

- Bank statements from July 2011 to present showing joint bank account and continuous activity on the account (I printed out one statement for every three months)

- A bill from Freelancers Union showing joint health insurance (and shared address)

- A bill from Guardian showing joint dental insurance

- E-tickets showing travel to Finland for Christmas 2011 and a visit to Lapland in January 2012, and E-ticket purchased for conditional resident by petitioning spouse on his credit card

- Petitioning spouse's record from Indian foreign registration office showing conditional resident listed as spouse, and conditional resident's Indian visa, showing that visa was issued for the purposes of "accompanying spouse"

- Copies of 2011 and 2012 tax returns showing taxes filed as "married filing jointly"

- Proof of joint travelers insurance from July 2012 to July 2013

- Photos spanning over the past two years

- A letter explaining the current living situation of the couple (petitioning spouse is still in India for another two months, conditional resident is in the US) and a letter from petitioning spouse's employer stating that he had to to temporarily relocate to India in August 2012, and has resided there with the conditional resident with the intention of returning to the US in Summer/Fall of 2013

I do not see the not living together as a major red flag like the previous poster. As long as the letter is on company letter head and signed by a company representation with title and contact information, I think you have covered the why you are not living together. I know if I was going to commit immigration fraud and knew that not living together would cause extra scrunity, I would be living in the same house. You are listed on the lease in India and are not living there. The USCIS must realize that as a GC holder you cannot just move with your husband for 1-2 years outside the US--you will loose your GC. You are doing what is best for your situation, have the explaination and documentation. IMHO you will be fine as you have other evidence should you are living your lives together.

Good luck,

Dave

[Cheezees 1,514]

When the NOA is mailed to you, it specifies that you still have the opportunity to submit evidence. Your case will not be adjudicated for months. So, don't wait for an RFE, submit additional proof of living together again ASAP. Good luck!

[Little_My 464]

Um, I can't submit additional proof of us living together currently, since - as stated above - we don't live together currently. My husband is stil in India where we had been living jointly for the past year due to his work situation, and prior to that we lived jointly in Brooklyn - all which is explained in the docs that we submitted. As I said, he will be back in US by October or earlier, so if there is an RFE, at that point we will have proof of living together again.

[Cheezees 1,514]

Not currently, ASAP since an RFE (if any) won't show up until months later.

[Dave&Roza 748]

When the NOA is mailed to you, it specifies that you still have the opportunity to submit evidence. Your case will not be adjudicated for months. So, don't wait for an RFE, submit additional proof of living together again ASAP. Good luck!

Why do you think proof of living together is so important? This couples situation is not the norm for most people submitting the AOS. Her husband is in India and she is in the US due to work issues. Is this a problem? IMHO it is not a problem as they have a very valid explaination as to why his is in India and she is in the US. It might casue their case to get a bit more scrunity of the other evidence, but I think she has a solid case of showing a bona fide marriage. We sent in 2010, 2011, and 2012 tax transcripts, joint bank accounts, joint financial statement, evidence of trips we took together--just like the OP. We DID NOT have any utility bills as they are all in my name and she was not on the mortgage of the house. The OP is on the lease of the apartment her husband is staying in in India. To my mind that shows that they are more of a couple then just having a common address because they took the time to add her to a lease that she may or may not actually use, but because she is the SPOUSE.

OP: I think you have explained your sistuation quite well and your ROC is stronger than most I've seen here on VJ even with not living together. I would not worry and address any issues as they come up if they come up. Sending additional information now is not a good idea as it will not get added to your file, but rather just tossed.

Good luck,

Dave

[Harpa Timsah 13,258]

Yes, your evidence looks great! Very clear for a unique situation.

Edited June 28, 2013 by Harpa Timsah

[Cheezees 1,514]

I agree that their proof and explanations are solid. However, USCIS states that cases like theirs could warrantee Fraud Level A and it has nothing to do with the justification of living apart, just the fact that they are living apart. Showing that they live together after October will only bolster their case. The NOA also states that you can sumbit supporting evidence after receiving your I-751 form. This is a great thing for applicants since you do not have just 1 shot when you apply. Proof of living together is VERY important. Also important is proof that their separation is temporary.

I never advocated sending additional information NOW. (What could she send anyway? Nothing has changed). But in my conversation with an immigration officer, sending additional proof IS NOT AT ALL TOSSED but added to the file where needed.

I am not sure what the responses to my post are about.