problems about ROC evidence

[mockingbird730 0]

Hi VJers,

I've been searching through the forum for situations like me but didn't see anything like my case.

I married my wife (petitioner) in 2011 and filed for 2 year GC a few month later, the interview went smoothly and naturally we got approved. Now it's about time to file I-751.

However I'm in panic mode and was a afraid that we may not have enough evidence for that.

We did have a joint account before the interview but after i received my 2-year GC we kept using it for a few months before leaving it there. Mainly because we moved to another state where there's no local office from that bank. After that we hit a rough patch in our marriage and we were unofficially separately for about a year. She lived in the apt we rent together and my name was on the lease during the whole time bc nobody bothered to change anything.

And a few month ago things got a lot better and we decide to try to give each other another chance to save our marriage and see how things go. My wife is willing to help me get through the ROC process and she added me to another account she's been using. As a result, we do have two joint accounts but one with my name on it for only a few months and the other having little activity since a year ago.

Meanwhile we had health insurance and life insurance at about the same time we got back together so now we only have a few months health insurance and life insurance. (before that we were both uninsured)

She drives a company car so I have nothing to do with it. Thus no "things together" with the car.

So what we have now is:

~two joint bank accounts that may have some potential activity issues.

~two joint-tax returns

~apt lease with both our names on it

~credit card together.

At this point i'm kind of expecting a RFE, although i'd try everything to avoid it. My biggest fear is that it may look like we were "cramming" for the filing and it could lead us to some very difficult situations. Also even if we got a RFE after filing i still have no idea what new documents we can send in. Do i need to talk to a lawyer about my case?

thanks in advance everyone. Any suggestion would be highly appreciated!

[Harpa Timsah 13,258]

I would write out exactly what happened. Because it looks like you are cramming, as you say, and doing the very bare minimum to get a GC, now twice. The first was for the initial GC, then you didn't live together, now that ROC is coming you get back together? You say your wife is willing to "help" you with ROC? What an odd thing to say...

[Cheezees 1,514]

Explain your case just as you did here. Even divorced people who no longer have joint accounts can file for ROC. Do not give them any reason to wonder why your evidence is sparse. Good luck!

[mockingbird730 0]

Explain your case just as you did here. Even divorced people who no longer have joint accounts can file for ROC. Do not give them any reason to wonder why your evidence is sparse. Good luck!

thank you very much for your kind wishes. I'll do my best to explain what happened. My fear is that wouldn't the explanation make it look like i'm trying to cover something up? (which i swear i'm not)

some ppl suggested i just present what i have and don't say anything until i have to. (ie, after getting RFE)

I'm just stressed out and didn't know what the best approach is in my situation.....

[Dave&Roza 748]

thank you very much for your kind wishes. I'll do my best to explain what happened. My fear is that wouldn't the explanation make it look like i'm trying to cover something up? (which i swear i'm not)

some ppl suggested i just present what i have and don't say anything until i have to. (ie, after getting RFE)

I'm just stressed out and didn't know what the best approach is in my situation.....

Your choice as to what to do with the explaination--give it at the beginning or wait for the RFE and give it then. IMHO, you should be up front in the beginning. Send in what you have and an explaination as to the difficulties with the marriage and that the two of you have decided to continue with the marriage rather than getting a divorce. A divorce does not mean you cannot get approved for ROC. To get approved for ROC you have to prove that the marriage was entered into in good faith by two people and not for the benefit of the immigrant to obtain a GC. Given that both parties come from different cultures, problems should be expected.

Good luck,

Dave

[Cheezees 1,514]

I agree with Dave. It is worse to have things unexplained, get an RFE, have nothing to provide for the RFE because the joint documents simply don't exist, and then suddenly have a convenient explanation as to why. Let them know up front. You are not the first person in your situation so don't panic Just be honest about your marriage. Yes, having sparse evidence is a red flag but not immediately stating why is an even bigger one.

Edited July 28, 2013 by Cheezees

[himher 634]

Hi VJers,

I've been searching through the forum for situations like me but didn't see anything like my case.

I married my wife (petitioner) in 2011 and filed for 2 year GC a few month later, the interview went smoothly and naturally we got approved. Now it's about time to file I-751.

However I'm in panic mode and was a afraid that we may not have enough evidence for that.

We did have a joint account before the interview but after i received my 2-year GC we kept using it for a few months before leaving it there. Mainly because we moved to another state where there's no local office from that bank. After that we hit a rough patch in our marriage and we were unofficially separately for about a year. She lived in the apt we rent together and my name was on the lease during the whole time bc nobody bothered to change anything.

And a few month ago things got a lot better and we decide to try to give each other another chance to save our marriage and see how things go. My wife is willing to help me get through the ROC process and she added me to another account she's been using. As a result, we do have two joint accounts but one with my name on it for only a few months and the other having little activity since a year ago.

Meanwhile we had health insurance and life insurance at about the same time we got back together so now we only have a few months health insurance and life insurance. (before that we were both uninsured)

She drives a company car so I have nothing to do with it. Thus no "things together" with the car.

So what we have now is:

~two joint bank accounts that may have some potential activity issues.

~two joint-tax returns

~apt lease with both our names on it

~credit card together.

At this point i'm kind of expecting a RFE, although i'd try everything to avoid it. My biggest fear is that it may look like we were "cramming" for the filing and it could lead us to some very difficult situations. Also even if we got a RFE after filing i still have no idea what new documents we can send in. Do i need to talk to a lawyer about my case?

thanks in advance everyone. Any suggestion would be highly appreciated!

Some things that "normal" married couples often have:

Health insurance / dental insurance plan with both of you on it. Copy the cards and attach them. Retirement / 401K for either of you with the other listed as beneficiary. Copy the beneficiary information and attach it. Life insurance for either of you, with the other as beneficiary. Same. Joint credit cards. Show a statement with both of your names on it. I remember at our AOS interview the IO copied our cards because they had my name and her name and it was the same card number. Mobile phone accounts. Copy the account information and send it.

You do not have to show joint "history" you just have to show that your lives are co-mingled.

Good luck

Edited July 28, 2013 by himher

[KayDeeCee 4,896]

You do not have to show joint "history" you just have to show that your lives are co-mingled.

This is not true. You need to show evidence that spans the entire length of your marriage. One recent statement from each thing will not be enough. There are plenty of RFE posts here to prove that.

[himher 634]

Ours went smoothly in 2010. Maybe because we had an AOS interview in 2008. Ether way, that's all the evidence they appear to have and it's worth a shot. Advice from those who have never had an RFE carries weight right? LOL

Edited July 28, 2013 by himher

[KayDeeCee 4,896]

Ours went smoothly in 2010. Maybe because we had an AOS interview in 2008. Ether way, that's all the evidence they appear to have and it's worth a shot. Advice from those who have never had an RFE carries weight right? LOL

Well, I do agree that they can only send what they have and hope for the best.

[TBoneTX 46,190]

OP, do you and your wife have Wills, or Medical Powers of Attorney, or similar? These are often overlooked as potential evidence to send.