Removal of condition I-751

[SHOCKJOCK35 0]

I have a friend from Peru who is married to a USC and they have two kids together. She lives here in the US with her children and her Husband (the USC) lives in Lima. He is unable to travel due a medical condition. Her green card is about to expire as a Conditional Resident. If she files the ROC I-75, She doesn't have enough Initial Evidence except of cource the two kids, but all her residence and banking info is only in her name. What other option would she have if requested to have an interview. I'm just thinking of other information that she could submitt to prevent a denial of the The green card.

[tweety 1]

It should be hard for her to show an intact marriage if they don't live together.

Some evidence she might want to include is a good explanation of the reasons why they live apart, and she might want to collect all the phone bills that show calls to each other, letters written, visits made etc etc. Anything that would show a well-maintained relationship between the two.

edited to add: she might also consider consulting an immigration lawyer on the case, as I doubt there is many people on this board (if any) that can give good advise on such a rare case

Edited February 15, 2007 by tweety

[SHOCKJOCK35 0]

It should be hard for her to show an intact marriage if they don't live together.

Some evidence she might want to include is a good explanation of the reasons why they live apart, and she might want to collect all the phone bills that show calls to each other, letters written, visits made etc etc. Anything that would show a well-maintained relationship between the two.

edited to add: she might also consider consulting an immigration lawyer on the case, as I doubt there is many people on this board (if any) that can give good advise on such a rare case

When ever she calls to peru. she always uses pre-paid calling cards and hasn't kept any e-mails . she only has a her passport stamps for traveling to and from peru. She doesn't know how to do any of this stuff. when she got green card her husband did it all. she was just told to file for a new green card when the first one expires. I don't know what to do if the app is denied, which i think it will be. the only real evidence she has is the two children with US birth certificates and passports.

[japau 1]

This is a case for an immigration lawyer if I ever saw one. No help if she can't afford it. If that's the case, she just has to file and do her best based on the two kids. They are the best evidence of all. She'll need to get good evidence (in English or translated to English) on the medical condition and the affidavit of the husband, at a minimum.

[diadromous mermaid 36]

I have a friend from Peru who is married to a USC and they have two kids together. She lives here in the US with her children and her Husband (the USC) lives in Lima. He is unable to travel due a medical condition. Her green card is about to expire as a Conditional Resident. If she files the ROC I-75, She doesn't have enough Initial Evidence except of cource the two kids, but all her residence and banking info is only in her name. What other option would she have if requested to have an interview. I'm just thinking of other information that she could submitt to prevent a denial of the The green card.

Why does the USC husband live in Pero? Is he there for business purposes? If so, I don't find their situation all that uncommon. There are many people that have to reside apart for one reason or another. Is the US home the one he considers is his permanent address?

[blackdog_harry 12]

I guess threre is a real need for a lawyer in this case. It seems to me that notarized letters from both the husband's and the wife's relatives and friends who can attest a good marriage relationship would help. Photos of the family together. Any documents from either the husband or the wife's workplace that designate each otehr as a spouse/beneficiary for health/life insurances and that shows their US address as permanent address may also help. Any joint estate, home or car ownership... It seems to me that the husband did not move abroad permanently he should get some mails in his US address.

[dipumiah 0]

I guess threre is a real need for a lawyer in this case. It seems to me that notarized letters from both the husband's and the wife's relatives and friends who can attest a good marriage relationship would help. Photos of the family together. Any documents from either the husband or the wife's workplace that designate each otehr as a spouse/beneficiary for health/life insurances and that shows their US address as permanent address may also help. Any joint estate, home or car ownership... It seems to me that the husband did not move abroad permanently he should get some mails in his US address.

If the husband is a USC then it should be no problem in adding him to the bank accounts or utility bills..try and see if a simple phone call or a faxed document can get him added on---

I just got my approval from CSC in 3 months--

all I did was send in:

-bank statement (2 statements)

-copy of birth certificate

-2 notarized statements from relatives

-copy of tax Joint tax returns

it would be a problem if the alien in question was living in peru but since its the USC its worth a shot

[diadromous mermaid 36]

She'll need to get good evidence (in English or translated to English) on the medical condition and the affidavit of the husband, at a minimum.

I'm still curious as to the husband's status abraod. Is it permanent? Is he filing tax returns as a resident? Is she listed on the tax returns? There's not enough information offered to know whether this will be an issue or not.

However, if scheduled for an interview, I doubt an affidavit would do her much good. What's best is to review the evidence she has and try to compile a well-documented submission so that she's not called for an interview based on something being insufficient.

[SHOCKJOCK35 0]

I THINK THAT SHE MAY BE ABLE TO FILE A WAVIER OF JOINT FILING. THEY MARRIED IN 2003 ENTER IN GOOD FAITH. THE CHILDREN ARE AGES 6 AND 9 AND THEY ARE USC'S AS WELL . THEY DO HAVE A HOUSE TOGETHER IN BOTH OF THIER NAMES IN PERU. SHE TOLD ME THAT HER HUSBAND SENT HER HERE TO LIVE BECAUSE OF HIS ILLNESS. HE MAY DIE SOON AND SO ALL THE HER DOCUMENT HERE ARE JUST IN HER NAME. I STILL FEEL LIKE THAT THE APP WILL GET REJECTED.

[Peter T 0]

I STILL FEEL LIKE THAT THE APP WILL GET REJECTED.

No, not with two kids from the marriage. She should fill out the I-751 form and send to her husband to sign and to return. She need also evidence why he has to stay in Peru. But first of all, she should find an immigration lawyer to speak to - her case is non-standard and she needs good advice.

[tweety 1]

I THINK THAT SHE MAY BE ABLE TO FILE A WAVIER OF JOINT FILING. THEY MARRIED IN 2003 ENTER IN GOOD FAITH. THE CHILDREN ARE AGES 6 AND 9 AND THEY ARE USC'S AS WELL . THEY DO HAVE A HOUSE TOGETHER IN BOTH OF THIER NAMES IN PERU. SHE TOLD ME THAT HER HUSBAND SENT HER HERE TO LIVE BECAUSE OF HIS ILLNESS. HE MAY DIE SOON AND SO ALL THE HER DOCUMENT HERE ARE JUST IN HER NAME. I STILL FEEL LIKE THAT THE APP WILL GET REJECTED.

hm, he may die soon, and she is still in the US? I know for sure if my husband would ever be sick I would not leave him alone in a foreign country... I would get there immediately.... but that's just my take on it.

Anyway, married in 2003 and children ages 6 and 9.... so is the father of the kids the current husband?

Why I'm bringing this up? These are the kind of questions the immigration officer adjudicating her case might also have.

I also second the remark, that advise from a lawyer might be more valuable than this message board.