Is This A Slam Dunk

[tuckin14 58]

Reading other posts about evidence provided and to be provided, here is what my wife (the applicant) has:

Brief introduction: Married January 2011, GC issued November 2011. I moved overseas in January 2013. In June 2013 I returned to the USA, in August 2013 she moved here to a different place than I had been living. I moved in with her for a month then she asked me to leave.

My wife filed I-751 last October. It was completed jointly in mid-September before I moved out, but was returned for insufficient postage and resubmitted.

I don't think we submitted any evidence. As best I recall, there was none. I put one stamp on it and put it in a #10 envelope.

If asked for evidence, here are some things she would have:

1) Joint tax returns for 2011-13 - yes.

2) Joint bank accounts - One, which I used to move money around in furtherance of various angles to get frequent flier miles. No actual income was deposited nor bills paid from this account. Our finances were separate when we lived in different countries, and by the time she moved to the USA she was planning to break up, so she kept her finances separate here.

3) Joint ownership of property - never. She owned a condo in her name in Canada, and when she sold it she bought one in the USA in her name alone. I own a rental house in the USA but never changed the title on it.

4) Joint leases - no. At one point when I moved overseas to work (while she was still in Canada) we changed the lease on our USA apartment from my name to hers, for tax reasons, but it was hers, not joint.

5) Drivers licenses with same address - no. When I moved in 2010 I didn't change my address, and when she got her license in 2011 it had my new address in the USA. When she moved to the USA in August 2013 she got her license in the new state but I never changed mine in the month we lived together.

6) Wedding pictures - no. There are none. We got married on the spur of the moment (we had been dating for 2 years) and had no friends or even witnesses. Got married at the courthouse. We had to borrow witnesses from the couple that got married right after us.

7) Joint insurance - yes. I'm on her health insurance since she moved to the USA, and I added her to my auto insurance when she got her license.

8) Actual cohabitation - one month, August 2013.

9) Correspondence between us - yes, thousands of emails and probably thousands of phone calls although I don't have phone records for all the calls. Although very few of hers to me are affectionate.

10) Mail at the same address - I opened a number of credit cards in her name, all of which used my address. Might be able to go online and get old statements showing them mailed to my address.

11) Children - no.

12) Affadavits - We interacted with very few people on our weekends together. The one person who knew us best as a couple was probably a salesclerk at Macy's.

13) Relationships with family - she spent holidays with my family until there was a fight and a falling-out in 2011. I never met or even spoke to her parents, principally because they live in Europe and don't speak English.

The story is - we dated for a couple of years long-distance, then got married on the spur of the moment. She stayed in Canada for a couple of years, and then I moved from the USA to Bermuda. When I did that, she started looking for a job in the USA and found one. Right after she took that job I lost my job and moved back here, but on the day we moved in together into her new condo, she told me to move out, which I did about six weeks later.

I keep reading about people fussing and fretting over proving they lived together when they actually did, or not having cars titled together because one had lousy credit, but these are all people who seem legitimately together in love. I was in love but my wife wasn't. Is there any way this ROC could get approved?

I'm still puzzled because she had biometrics mid-November last year, but hasn't heard a single solitary word. (We talk often, and I'm 99.99% sure she'd tell me if she heard something good or bad.) And wondering how long they can go without sending an approval, or denial, or RFE, or something.

[flora01 37]

There is not time limit of how long case can go without decision.There are few people who filed 2 years back still waiting to hear back.

You say that you both lived together just for 1 month,where were both of you from 2011 dec to 2013 jan ,if she got her green card in nov 2011?

What do you mean by she came to US in 2013?where was she before that?

If she lived all this time out of the states that its difficult to get case approved cos she lived most of her time out of US.

Also if you both don't plan to reunite,then its wrong to file jointly if you are living separately.

Your docs listed above are weak to get case approved.

What i don't understand is why are you concerned about her status,whether she gets approved or not?

All you should concern is ,you should not support joint petition when you both are living apart and relationship is not working out.Filing jointly when not in relationship is wrong in USCIS eyes and you are equally responsible for it.

[tuckin14 58]

There is not time limit of how long case can go without decision.There are few people who filed 2 years back still waiting to hear back.

You say that you both lived together just for 1 month,where were both of you from 2011 dec to 2013 jan ,if she got her green card in nov 2011?

We married in January 2011 and she got her green card in November. She lived in Canada until August 2013. I lived in the USA until January 2013, then in Bermuda until June 2013, and in the USA thereafter.

What do you mean by she came to US in 2013?where was she before that?

If she lived all this time out of the states that its difficult to get case approved cos she lived most of her time out of US.

Also if you both don't plan to reunite,then its wrong to file jointly if you are living separately.

I filled out and signed the forms and mailed them in early September 2013 when we were living together. They were returned for insufficient postage after I moved out, and she put an extra stamp on them and returned them.

Your docs listed above are weak to get case approved.

What i don't understand is why are you concerned about her status,whether she gets approved or not?

We are still in contact and see each other a lot (or were until last week). We are not divorced yet; in fact neither of us has even filed. I guess it's a different situation than most. If you were living with someone and then you're not, you say "OK my life has changed and it's time to move on." When you never lived with someone in the first place, living apart becomes the norm. So just like I used to care about and feel affected by things that happened to her when we lived apart, I tend to still feel the same.

All you should concern is ,you should not support joint petition when you both are living apart and relationship is not working out.Filing jointly when not in relationship is wrong in USCIS eyes and you are equally responsible for it.

Am I legally or morally obligated to withdraw my sponsorship of the I-751 because we separated? I signed it when we were living together, and I was still hoping we'd continue to. There was no intention to game the system by saying "Let's file this now before I move out."

[flora01 37]

Its highly slim chance for her to get approved because she did not maintain her LPR after getting green card,she just continued living in her home country.(i think petitions are filed in order to live with spouse,if she did not want to live in US or with you,why did you file I130 and why did she continue living in canada after getting green card)

If relationship is not working out why did she come to US in 2013 and sold house in canada,bought condo here.

It will be difficult to explain to USCIS that why you both lived together just for 1 month when it was time to file for ROC.Its clear that ROC is applied just to get green card.

Almost impossible to get ROC approved.

Edited June 14, 2014 by flora01