Request for Evidence

[lcaffee 0]

Question about the validity of USCIS asking for evidence from "the date of marriage" to present...my situation: supplied all necessary evidence at the beginning of the 90 submission window.

Some of the joint evidence like one combined bank account, quick claim deed ro add spouse to property title, and inclusion on auto insurance policy were accomplished in June/July timeframe and I submitted in Aug...

USCIS denied the application because the dates were too close to the time of filing (guess I could have waited until the end of the filing period).

Additionally, they are asking for evidence of divorce from first wife, even though the docs were submitted and approved during the I-130 process...

I read on this forum that evidence "from the date of marriage" is not necessarily required so I'm looking for advice on the policy, law, regulation that requires this type of information...ie...much of what they ask for requires two signatures which means the spouse has to be here...but my spouse wasn't here for 13 months after the marriage...

[ala_tika 16]

The ROC process is to prove that you have a bonafide marriage. Which means you have to prove that you and your spouse have maintained a valid relationship. That said, evidence you provide should span from inception of marriage or since you received the conditional residency.

[lcaffee 0]

Hi and thanks for your reply...I understand what you are saying, and I submitted a strong package...curious about where you found this statement: That said, evidence you provide should span from inception of marriage or since you received the conditional residency.

​I've never seen this in writing before...can you point me to a document from USCIS with this statement?

Thanks...

[Lemonslice 4,976]

Hi and thanks for your reply...I understand what you are saying, and I submitted a strong package...curious about where you found this statement: That said, evidence you provide should span from inception of marriage or since you received the conditional residency.

​I've never seen this in writing before...can you point me to a document from USCIS with this statement?

Thanks...

Just logic... if you are married, but not living together before the immigrant enters the USA, some documents will not be available (proof of common residence, etc.).

"Circumstances of the relationship from the date of the marriage to the present date" might mean separate residences for a while, and then common residence; joints account for only part of the marriage, etc.

Prior to the spouses living together, other evidence (other circumstances) might be available; we had a joint account prior to getting married; health insurance since the date of marriage. Depends on the circumstances of each marriage.

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. The documents should include, but are not limited to, the following examples:

Page 5: https://www.uscis.gov/sites/default/files/files/form/i-751instr.pdf

Edited April 3, 2016 by Lemonslice

[MsDDD 7]

USCIS denied the application because the dates were too close to the time of filing (guess I could have waited until the end of the filing period).

RFE is not denied yet, just need bit more.

about dates too close. Is it how they were writing to you?

Maybe just the process takes so long and they need more refreshments, like fresh taxes for 2015.

Better send all over again from the marriage till today, all what you can. Especially taxes signed by both of you for each of 3 years, and go to bank and ask to print transactions of joint account with starting page when your spouse joined with both names written. I asked even to put sort of bank stamp with managers signature, they did it.

About divorce-don't be upset-send them docs again. Extra is never too much.

Edited April 3, 2016 by MsDDD

[Pitaya 2,577]

Welcome to the forum.

Please read the Form I-751 Instructions:

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. The documents should include, but are not limited to, the following examples:

REF: page 5 of the Form I-751 instructions, https://www.uscis.gov/sites/default/files/files/form/i-751instr.pdf

Additionally, I daresay, that this very topic has been discussed numerous times on this forum. A quick review of forum threads would reveal ample examples of official instructions to the same.

Read and heed. BTW, that was the very point that was specifically mentioned in our RFE document, and has been mentioned numerous times on this very forum.

Good luck on your immigration instructions.

Edited April 3, 2016 by Pitaya