Last Name, Ceremony, and Removal of Conditions Quick Help

[andromeda1 7]

Hello everyone,

I have a few questions about my removal of conditions as I will be applying for it next month.

1. My wife hasn't changed her last name to my last name because we are still waiting on her security clearance from work before changing it. Changing her last name mid-security clearance creates a mess in the process. Would this be a problem for removal of conditions?

2. My wife and I had our marriage in the courthouse in 2014. We were hoping to have a ceremony before removal of conditions but because we had to move to a different state, new cars since the old broke down, etc., we weren't able to have a ceremony. We are saving up again now to have one hopefully in 2018. Will this be a problem for removal of conditions?

3. Is it true that this process almost takes a year to get the new 10-year green card?

4. Do they interview for removal of conditions like they did for the adjustment of status I went through two years ago?

We have many documents to show a bona fide relationship.

a. a lease agreement with both of your names on the lease.

b. joint credit card statements

c. joint auto loan

d. joint health insurance

e. life insurance with the spice as the beneficiary

f. retirement savings

g. joint tax returns

f. pictures from vacations etc.,

Thank you for taking the time to answer my questions.

[Cheezees 1,514]

Hello everyone,

I have a few questions about my removal of conditions as I will be applying for it next month.

1. My wife hasn't changed her last name to my last name because we are still waiting on her security clearance from work before changing it. Changing her last name mid-security clearance creates a mess in the process. Would this be a problem for removal of conditions? Changing or not changing her name is not important in the ROC process.

2. My wife and I had our marriage in the courthouse in 2014. We were hoping to have a ceremony before removal of conditions but because we had to move to a different state, new cars since the old broke down, etc., we weren't able to have a ceremony. We are saving up again now to have one hopefully in 2018. Will this be a problem for removal of conditions? Will what be a problem? Not sure what you're asking exactly.

3. Is it true that this process almost takes a year to get the new 10-year green card? It can. Mine took just 3 months but for others it can be much longer. If you are approaching the 1-yr mark, and are still married to your spouse, applying for citizenship seems to be the swift kick in the butt that USCIS needs to process your ROC case.

4. Do they interview for removal of conditions like they did for the adjustment of status I went through two years ago? Interviews are very rare and usually not a good sign. They tend to come after an RFE (Request For Evidence) if your evidence is skimpy or fraud may be suspected (or it seems they need to fill some RFE quota, who knows?)

We have many documents to show a bona fide relationship.

a. a lease agreement with both of your names on the lease.

b. joint credit card statements

c. joint auto loan

d. joint health insurance

e. life insurance with the spice as the beneficiary

f. retirement savings

g. joint tax returns

f. pictures from vacations etc.,

Thank you for taking the time to answer my questions.

[Dr Engineer 0]

They want to see the evidence from the date that you obtained your conditional green card (2 years) because the IO already have your evidence before your 1st interview when you were seek your conditional green card. They don't want you to see duplicate evidence that the Immigration already have. They want to see a new evidence that you didn't provide before. So send just the new evidence for the two years from the date your conditional green card is granted.

[andromeda1 7]

Thank you all for your reply. I was just curious if they would question the lack of an actual ceremony but you're right, they won't question that for removal of conditions. Hope I can keep in touch with you guys if I have any more questions in the near future.

They want to see the evidence from the date that you obtained your conditional green card (2 years) because the IO already have your evidence before your 1st interview when you were seek your conditional green card. They don't want you to see duplicate evidence that the Immigration already have. They want to see a new evidence that you didn't provide before. So send just the new evidence for the two years from the date your conditional green card is granted.

Yup almost all the evidence list I mentioned above that i will be sending in are all new in the last two year (with the exception of the lease, but even that is a new lease agreement in a new state). We did not have a joint auto loan, life insurance etc., two years ago. Now we have many financials we can show them.

We hired a great attorney for our process two years ago but since we've moved to a different state we cannot hire him again. Do we really need an attorney for removal of conditions?

[Dr Engineer 0]

Thank you all for your reply. I was just curious if they would question the lack of an actual ceremony but you're right, they won't question that for removal of conditions. Hope I can keep in touch with you guys if I have any more questions in the near future.

Yup almost all the evidence list I mentioned above that i will be sending in are all new in the last two year (with the exception of the lease, but even that is a new lease agreement in a new state). We did not have a joint auto loan, life insurance etc., two years ago. Now we have many financials we can show them.

We hired a great attorney for our process two years ago but since we've moved to a different state we cannot hire him again. Do we really need an attorney for removal of conditions?

No you don't. For ROC is just waste of money. You good to go. Just make sure you send the statements for the whole two years or 1 statement from each quarter.

Good luck

[Dr Engineer 0]

To each their own, but the instructions on the I-751 form clearly state this and I quote: "Submit copies of as many documents as you can to establish this fact, to demonstrate the circumstances of the relationship from the date of the marriage to the present date, and to demonstrate any circumstances surrounding the end of the relationship, if it has ended." Besides, an immigration attorney I know also clearly said applicants had to re-submit evidence from the time of marriage even if there was an overlap with AOS documentation.

You don't need an attorney for I-751. However immigration is federal which means that you can hire any attorney in any state regardless of where you reside.

Sorry but your quote is INCOMPLETE.

When USCIS released a new form of I-751, They also release new instructions.

The new instructions on the I-751 form clearly state this and I quote:

Evidence of the Relationship

"Submit copies of documents indicating that the marriage upon which you were granted conditional status was entered in “good faith” and was not for the purpose of circumventing immigration laws. Submit copies of as many documents as you can to establish this fact, to demonstrate the circumstances of the relationship from the date of the marriage to the present date, and to demonstrate any circumstances surrounding the end of the relationship, if it has ended."

Above is the right quote from the I-751 instructions on the www.uscis.gov website.

Each lawyer is different and I believe my lawyer is right they don't want to see duplicate evidence! I don't know what's the point to re-send same evidence that's the immigration already have!

My answer to his question is SEND ALL THE EVIDENCE THAT'S YOU DIDN'T PROVIDE BEFORE TO THE IMMIGRATION. That exactly what they mean on the I-751 instructions.

If you want to re-send all the evidence that the immigration already have then that's your choice but I wouldn't bother them with this. They want to see NEW NEW NEW EVIDENCE and AS MANY AS YOU CAN to establish this fact.

Edited March 3, 2016 by Dr Engineer

[Dr Engineer 0]

So what that I didn't quote the entire paragraph? I did not change anything and instead copy/pasted the relevant words which are "from the date of marriage", which by the way are words in the very same quote you also posted. You can believe or not believe your lawyer or any lawyer. You can take my words with a grain of salt as well. It makes zero difference to me. But the fact of the matter is USCIS clearly wrote submit documents from the time of marriage. If you also look at other posts of VJ, applicants have gotten RFEs where USCIS asks couples to submit documents from the time of marriage. Now it's up to OP to decide what documentation they want to include.

It's clear. I didn't say don't send it from the date of marriage. I said clearly don't send what the immigration already have! Basically, if you had interview for conditional green card and you already gave the IO evidence at that time, they don't want you to send the same evidence to them for ROC. They want to see a new evidence from the date that your conditional green card is granted (2 year of evidence). I quote exactly what's on the new instructions for the new form of I-751.

For the applicants gotten RFEs. I cannot comment on this one because they may send just 6 months or one year. Immigration want to see the whole 2 years evidence from the date you had your conditional green card interview or the day that your conditional green card is granted. As what I mention before, send all evidence that the immigration doesn't have. Don't send what they already have because that's doesn't make any sense.

For Example:

My marriage date is Jan 2013

My conditional green approved after my interview on Aug 2013 (in this interview you gave all the evidence to IO)

In ROC they want to see all the evidence from Aug 2013 (conditional green card is granted) till May 2015 (one year and 9 months). They don't want to see it from Jan 2013 because they already have it when you had your interview for conditional green.

Take it easy. We are here to help each other.

Thank you.

Edited March 3, 2016 by Dr Engineer

[Dr Engineer 0]

What part are you not getting? Regardless of when an applicant had their conditional green card approved, the instructions do NOT suggest to send evidence from the time AOS was approved. The instructions clearly state submit documentation from the time of marriage - which can clearly include some overlap from AOS. It's you who needs to take a chill pill. By the way I am done contributing to this thread. OP has sufficient information to make their decision now.

Thank you I will take a chill pill lol.

I tried to explain this to you again and again and again but you don't want to get it right.

I just corrected the wrong information that you wrote here.

You are right, OP has sufficient information to make their decision now.

I am done with this too.

Good luck

[Pitaya 2,577]

Evidence of the Relationship

Submit copies of documents indicating that the marriage upon which you were granted conditional status was entered in “good faith” and was not for the purpose of circumventing immigration laws. Submit copies of as many documents as you can to establish this fact, to demonstrate the circumstances of the relationship from the date of the marriage to the present date, and to demonstrate any circumstances surrounding the end of the relationship, if it has ended.

REF: Page 5, https://www.uscis.gov/sites/default/files/files/form/i-751instr.pdf , expires 11/30/2017 (Emphasis added, this part of the instructions does not seem materially different from the form edition that we employed.)

In our successful response to our RFE last April, the adjudicator specifically wanted ALL evidence from the inception of the marriage to the present time. In our response we including the everything 'cept the kitchen sink, and included ALL "marriage bonafides" evidence from the day that we got married. After eight months of waiting for action by USCIS and then to receive a RFE from a rather smellfungus adjudicator, we wanted to be done with it and sent in any and all evidence we had acquired since the day we did the "I do's."

YMMV.

Good luck on your immigration journey.

Edited March 3, 2016 by Pitaya

[TBoneTX 46,263]

The information and advice to heed on this matter is that from Happy Chic and Pitaya.

[Dr Engineer 0]

The advice is not from coming from our mind.

The advice is coming from USCIS website and from there new instructions and the lawyer.

Everyone understand the instructions in different way with different lawyer thought.

OP can take what he want or leave it or if he is not sure he can ask a lawyer that he trust.

All my previous replies were clear.

Good luck

Edited March 3, 2016 by Dr Engineer

[Pitaya 2,577]

Welcome to the forum.

During the successful approval of our ROC petition last year, we felt that the individual adjudicator, that was reviewing our case, interpretation and decision based upon the USCIS Adjudicator's Field Manual (AFM), was the person that needed to understand our petition was complete and our case appropriate for approval. We haven't used a lawyer during our nearly two-year immigration journey, so that wasn't an option. The current form instructions in this area do not seem materially different than the previous edition that we had to follow. Alas, the adjudicator wanted to see more "marriage bonafides evidence" (USCIS phrase from the RFE notice) since the inception of the marriage, and issued a RFE wanting to more evidence. These specific adjudicator instructions didn't come from an attorney or printed form instructions, but were printed on the RFE notice that we received from the specific CSC adjudicator. A review of several forum threads since would reveal a somewhat troublesome trend in RFEs for "more marital bonafides evidence" by CSC adjudicators.

http://www.visajourney.com/forums/topic/572609-what-if-our-rfe-isnt-enough-automatic-denial/

http://www.visajourney.com/forums/topic/569497-need-help-for-request-for-evidence-ref/

After complying, in spades, with the adjudicator's RFE, our ROC petition was approved a couple of weeks after we submitted the requested additional "marriage bonafides evidence. This concluded our almost nine (9) month ROC immigration journey.

It helps everyone that uses the forum, or is helped by the forum.

YMMV,

Good luck on your immigration journey.

[andromeda1 7]

REF: Page 5, https://www.uscis.gov/sites/default/files/files/form/i-751instr.pdf , expires 11/30/2017 (Emphasis added, this part of the instructions does not seem materially different from the form edition that we employed.)

In our successful response to our RFE last April, the adjudicator specifically wanted ALL evidence from the inception of the marriage to the present time. In our response we including the everything 'cept the kitchen sink, and included ALL "marriage bonafides" evidence from the day that we got married. After eight months of waiting for action by USCIS and then to receive a RFE from a rather smellfungus adjudicator, we wanted to be done with it and sent in any and all evidence we had acquired since the day we did the "I do's."

YMMV.

Good luck on your immigration journey.

What documents did you send in your initial ROC application that led to an RFE? and what documents did you send in as a response? I am wondering as I want to be fully prepared and send in all the documents I can so that I don't get an RFE.

Also quick question to anyone who can answer,

My driver;s license expires the day my 2-year card expires. Since the ROC process takes longer than 3 months from when I file it, how can I renew my license and more importantly how will I be able to continue on my job since they need the updated green card?

[andromeda1 7]

Have you tried showing the extension letter at the DMV and your workplace? This letter extends your status by one year. Some DMVs however don't accept the letter because of ignorance with immigration documents.

The first I-757 Notice of Action that we get when we apply for the ROC? I hope Virginia accepts it. Gotta drive to work.

[andromeda1 7]

Yes. The letter says your status is extended for a year while USCIS processes your I-751. Good luck!

I will be apply for ROC end of this month and I will keep an eye out for it. Thank you so much. Has anyone uploaded that notice of action (personal information redacted of course) which says it has been extended so that I can take a look how it is? Just concerned about the DMV.