I-751 May 2016 Filers

[nightingalejules 678]

2 hours ago, adrift said:

I have received the RFE - request for additional evidence as well from VSC after a year - annoying thing is that the most of the evidence they have asked for I had already provided but apparently it was not sufficient! not sure how long will this take now. they have given a deadline up to 4th Aug-17.

Some of the information they have asked for is not making any sense to me- I would appreciate if someone can help me understand:

 

- Children as a result of marriage- we don't have any children for now, does it mean we have a weaker case?? apparently thats on of the things they have asked for.

If you don't have kids, you don't have kids. It's not a requirement.

 

- Evidence that you have resided together either mortgage or lease- we have been living at father in law place so have none- what should I provide?

Have your father-in-law write a letter stating that you and your spouse are living with him - if you're paying rent, put that in the letter. You can make it more official-looking by searching a "roommate agreement" or "rental agreement" online, fill in the blanks, you all sign it, and Voila! Rental agreement, suitable for USCIS!

 

2 hours ago, adrift said:

- Evidence that you and your spouse have made estate. health and financial arrangements with each other:

a will, a trust or durable power of attorney affirmed by atleast 2 people. not sure what am I suppose to provide? do I need to get a will drawn up now?

You don't need to "get a will drawn up". You can do another online search for do it yourself will [your state]. You should be able to do a quick fill-in-the-blanks will, living will, and power of attorney. Print that baby up and send it in!

 

- Affadivt from 3rd parties- we had provided 3 of these before- does it mean they didnt accept them? do we now need to ask different people? can family members provide that? 

Better not to use family. Pastor/minister/priest? Do you know lawyers/doctors/teachers? Lifetime friend of USC spouse who has known you since (at least) your arrival to the US? It might be that USCIS misplaced the first letters that you sent. Send them again, and add a few more. Why not? It's the simplest piece of "evidence" to provide.

 

2 hours ago, adrift said:

 

the letter states that they may wave interview requirement if sufficient evidence is not provided. does it mean that the interview is highly likely? not that It bothers me but I have travel plans and may not be around so it's causing lot of headache/stress.

Really? Is that what it says? I would have thought it would say they would waive (skip) the interview requirement if sufficient evidence IS provided. So right now, with the evidence they have, you will definitely need an interview to prove your case. If you send in enough stuff (and unfortunately no one can tell you how much is enough) you won't need an interview.

 

If I were you, I'd send in whatever you have (or are able to produce) but make plans assuming that you WILL have an interview. That way if you don't get one it's a bonus! Usually (although I'm not 100% sure) you can reschedule a USCIS interview. If you need to travel, make sure someone is checking your mail every day so if you get an interview notice you can respond to it and ask for it to be rescheduled, or, alternatively, make plans to return to the US on short notice. 

 

It's inconvenient, but if they want an interview you have to go. 

 

Hope this all helps! Good luck!

 

 

 

[adrift 1]

14 minutes ago, nightingalejules said:

 

 

 

Thank you so much for taking the time to respond. the main issue for me has been that we still havent completely settled in US. we have mainly been living together in UK- We have been coming over here and filing joint tax returns etc but most of our evidence i.e. utility bills and card statements are from UK- does that make a difference? do they only require US based evidence for good faith marriage or one can include documentary evidence from other countries as well? 

 

P.S. Sorry- the letter actually stated that they will waive off the interview requirement if sufficient evidence is provided.

[nightingalejules 678]

Just now, adrift said:

Thank you so much for taking the time to respond. the main issue for me has been that we still havent completely settled in US. we have mainly been living together in UK- We have been coming over here and filing joint tax returns etc but most of our evidence i.e. utility bills and card statements are from UK- does that make a difference? do they only require US based evidence for good faith marriage or one can include documentary evidence from other countries as well? 

 

P.S. Sorry- the letter actually stated that they will waive off the interview requirement if sufficient evidence is provided.

Ok, that is potentially a bigger problem. I mean, the whole point of being a US legal permanent resident is that you are a US resident. So yes, they're looking for not just proof of a good faith marriage, but evidence that you are in fact, living in the US. If you're not, you'll need to explain that to them (probably at the interview). Surely you can understand that if you aren't permanently residing in the US, it doesn't really make sense for them to approve you as a US permanent resident.

[adrift 1]

20 minutes ago, nightingalejules said:

Ok, that is potentially a bigger problem. I mean, the whole point of being a US legal permanent resident is that you are a US resident. So yes, they're looking for not just proof of a good faith marriage, but evidence that you are in fact, living in the US. If you're not, you'll need to explain that to them (probably at the interview). Surely you can understand that if you aren't permanently residing in the US, it doesn't really make sense for them to approve you as a US permanent resident.

Yes, I understand but I had a re-entry permit and have been filing our joint tax returns in US as resident and paying taxes. Hope that shows our intent to settle here in long run. my work situation and some family commitments didnt let me settle straightaway hence why I got the re-entry permit. 

[adrift 1]

22 minutes ago, nightingalejules said:

Ok, that is potentially a bigger problem. I mean, the whole point of being a US legal permanent resident is that you are a US resident. So yes, they're looking for not just proof of a good faith marriage, but evidence that you are in fact, living in the US. If you're not, you'll need to explain that to them (probably at the interview). Surely you can understand that if you aren't permanently residing in the US, it doesn't really make sense for them to approve you as a US permanent resident.

P.S. the online will that you mentioned seems good but doesn't it still need to be notarized? there is a notary section in it.

[nightingalejules 678]

Just now, adrift said:

Yes, I understand but I had a re-entry permit and have been filing our joint tax returns in US as resident and paying taxes. Hope that shows our intent to settle here in long run. my work situation and some family commitments didnt let me settle straightaway hence why I got the re-entry permit. 

Well, send everything you can, with the focus on domestic (ie US) evidence. My guess is that you will probably be called for an interview regardless of what you send, if it becomes clear that you aren't living in the US. You will probably be able to explain things to their satisfaction, but you'll probably have to do it in person.

[nightingalejules 678]

1 minute ago, adrift said:

P.S. the online will that you mentioned seems good but doesn't it still need to be notarized? there is a notary section in it.

Doesn't cost much to have things notarized. Go to a notary public (they have them in Canada, so probably in the UK too) and have the notary validate your signatures.

Rental agreement or letter doesn't need to be notarized... an actual rental agreement wouldn't be notarized, so neither would that have to be.

[adrift 1]

Just now, nightingalejules said:

Well, send everything you can, with the focus on domestic (ie US) evidence. My guess is that you will probably be called for an interview regardless of what you send, if it becomes clear that you aren't living in the US. You will probably be able to explain things to their satisfaction, but you'll probably have to do it in person.

You reckon the I am likely to be called for the interview straight after I send these additional documents? any ideas how long it takes, so say I send these in a week or 2 , are they likely to call for interview in 2-3 weeks with the interview date in further 2-3 weeks or are we looking at potentially 3-4 months later?

[nightingalejules 678]

Just now, adrift said:

You reckon the I am likely to be called for the interview straight after I send these additional documents? any ideas how long it takes, so say I send these in a week or 2 , are they likely to call for interview in 2-3 weeks with the interview date in further 2-3 weeks or are we looking at potentially 3-4 months later?

Timelines with USCIS these days are totally unpredictable, and depend on your "local office" and how fast they are at processing paperwork. I'm afraid I'm no help at all there.

[adrift 1]

Just now, nightingalejules said:

Timelines with USCIS these days are totally unpredictable, and depend on your "local office" and how fast they are at processing paperwork. I'm afraid I'm no help at all there.

ok, thank you for your help/suggestions- really appreciate it!

[coolchicn 5]

Congratulations to all those who have been approved!

The wait is killing us! I have been checking my mailbox every single day..nothing. We filed 5/3 so it's wierd seeing people who filed at the end of May getting approved before me😏

Edited May 14, 2017 by coolchicn

[Poobee 10]

12 hours ago, coolchicn said:

Congratulations to all those who have been approved!

The wait is killing us! I have been checking my mailbox every single day..nothing. We filed 5/3 so it's wierd seeing people who filed at the end of May getting approved before me😏

We are in the same boat. I keep checking the mailbox everyday also hoping to see that approval letter. Hope we hear something soon. 

[coolchicn 5]

1 hour ago, Poobee said:

We are in the same boat. I keep checking the mailbox everyday also hoping to see that approval letter. Hope we hear something soon. 

Fingers crossed!

[Jen1300 0]

Hi guys, did any of you file the original 2 year conditional green card in California and the removal of conditional GC in Vermont office. I submitted my filing for removal of conditional GC back in May 2016 and still waiting for the letter of approval. I'm wondering if change of office will take more time to process? Thanks!

[Hungandnu 9]

My case is 361 days and nothing is changed; I have not received any new updates until today. I do hope my case will be approved soon. No choices! Just getting a wait and pray for it.